Part 26

We have still to explain the variations of moral judgments with regard to different acts of theft. That the condemnation of the offence varies in degree according to the value of the stolen goods follows from the fact that theft is disapproved of on account of the injury done to the owner. But in many cases, when the injury is very slight, the appropriation of another person's property is {58} justified by the needs of him who took it. And frequently, also, the condemnation of the thief is more concerned with his encroachment upon a neighbour's right than with measuring the exact amount of harm inflicted. Among the Basutos, says Casalis, "the idea of theft is expressed by a generic word which refers to the violation of right, much more than to the damage caused."[145] Burglary is regarded as an aggravated form of theft partly because it adds a fresh offence, the illicit entering into another person's house, to that against property, partly because it proves great premeditation in the offender.[146] Robbery is likewise a double offence, implying, as it does, an act of violence, and may on that account be more severely censured than ordinary theft; but in other cases the courage and strength displayed by the robber is looked upon as a mitigating circumstance, and sometimes substitutes admiration for disapproval, whereas the secret offender is despised as a coward. So, too, the secrecy of nocturnal theft may aggravate the crime, whilst at the same time the difficulty in providing against it may induce society to increase the punishment. But men are apt to admire not only bravery and force, but also dexterity and pluck, hence the appreciation of adroit theft. The same tendency in some measure accounts for the distinction between manifest and non-manifest theft; but here we have in the first place to remember that strong emotions are more easily aroused by the sight of an act than by the mere knowledge of its commission.[147] That the moral valuation of theft varies according to the station of the thief and the person robbed is due to the same causes as are similar variations with regard to other injuries; and so is the distinction between offences against the property of a tribesman or fellow-countryman and offences against the property of a stranger. The theory of the Roman jurists according to which the property of an enemy in war belongs to nobody as long as the hostilities last, and therefore becomes the property of the {59} captor by the right of occupation,[148] is only a play with words intended to give a reasonable justification to a practice which is really due to lack of regard for the feelings of strangers. When men at an early stage of civilisation respect a stranger's property the motive is undoubtedly in the main prudential. Savages may be anxious to prevent theft from a neighbouring tribe in order to avoid disagreeable consequences.[149] And I venture to think that the honesty they often display with regard to objects belonging to strangers who visit them, and especially with regard to things left in their charge,[150] largely springs from superstitious fear. We have noticed before that even the acceptance of gifts is supposed to be connected with supernatural danger, owing to the baneful magic energy with which the gift is suspected to be saturated.[151] Would not the same apply to the illicit appropriation of a stranger's belongings, and especially to trusts, which naturally call for great precaution on the part of the owner? This leads us to a subject of considerable importance in the history of property, namely, the influence which magic and religious beliefs have exercised on the regard for proprietary rights.

[Footnote 145: Casalis, _Basutos_, p. 304.]

[Footnote 146: _Cf._ Wilda, _op. cit._ p. 878 (ancient Teutons).]

[Footnote 147: _Supra_, i. 294.]

[Footnote 148: Hunter, _Roman Law_, p. 257. Puchta, _op. cit._ ii. 220.]

[Footnote 149: Sproat, _Scenes and Studies of Savage Life_, p. 159 (Ahts). Scott Robertson, _Káfirs of the Hindu-Kush_, p. 440.]

[Footnote 150: See, besides statements referred to above, Lumholtz, _Unknown Mexico_, i. 420, and ii. 477; Nordenskiöld, _Vegas färd kring Asien och Europa_, ii. 140 _sq._ (Chukchi); Worcester, _Philippine Islands_, p. 413 (Mangyans); Colenso, _op. cit._ p. 43 (Maoris); Macdonald, _Light in Africa_, p. 212 (Bantu); Campbell, _Travels in South Africa_, p. 517, and Leslie, _Among the Zulus and Amatongas_, p. 201 (Kafirs).]

[Footnote 151: _Supra_, i. 593 _sq._]

Theft is not only punished by men, but is supposed to be avenged by supernatural powers. The Alfura of Halmahera are said to be honest only because they fear that they otherwise would be subject to the punishment of spirits.[152] The natives of Efate, in the New Hebrides, maintained that theft was condemned by their gods.[153] In Aneiteum, another island belonging to the same group, thieves were supposed to be punished after death.[154] In Netherland Island they {60} were said to go to a prison of darkness under the earth;[155] according to the beliefs of the Banks Islanders they were excluded from the true Panoi or Paradise.[156] On the Gold Coast, "if a man had property stolen from his house, he might go to the priest of the local deity he was accustomed to worship, state the loss that had befallen him, make an offering of a fowl, rum, and eggs, and ask the priest to supplicate the god to punish the thief."[157] In Southern Guinea fetishes are inaugurated to detect and punish certain kinds of theft, and persons who are cognisant of such crimes and do not give information about them are also liable to be punished by the fetish.[158] The Bechuanas speak of an unknown being, vaguely called by the name of Lord and Master of things (Mongalinto), who punishes theft. One of them said: "When it thunders every one trembles; if there are several together, one asks the other with uneasiness, Is there any one amongst us who devours the wealth of others? All then spit on the ground saying, We do not devour the wealth of others. If a thunderbolt strikes and kills one of them, no one complains, no one weeps; instead of being grieved, all unite in saying that the Lord is delighted (that is to say, he has done right) with killing that man; we also say that the thief eats thunderbolts, that is to say, does things which draw down upon men such judgments."[159]

[Footnote 152: Kükenthal, _Forschungsreise in den Molukken_, p. 188.]

[Footnote 153: Macdonald, _Oceania_, p. 208.]

[Footnote 154: Turner, _Samoa_, p. 326.]

[Footnote 155: _Ibid._ p. 301.]

[Footnote 156: Codrington, _Melanesians_, p. 274.]

[Footnote 157: Ellis, _Tshi-speaking Peoples of the Gold Coast_, p. 75. See also Cruickshank, _op. cit._ ii. 152, 160, 184; Schultze, _Der Fetischismus_, p. 91.]

[Footnote 158: Wilson, _Western Africa_, p. 275.]

[Footnote 159: Arbousset and Daumas, _Exploratory Tour to the North-East of the Colony of the Cape of Good Hope_, p. 322 _sq._]

According to the Zoroastrian Yasts, Rashnu Razista was "the best killer, smiter, destroyer of thieves and bandits."[160] In Greece Zeus [Greek: ktê/sios] was a guardian of the family property;[161] and according to a Roman tradition the domestic god repulsed the robber and kept off the enemy.[162] The removing of landmarks {61} has frequently been regarded as sacrilegious.[163] It was strictly prohibited by the religious law of the Hebrews.[164] In Greece boundaries were protected by Zeus [Greek: o(/rios]. Plato says in his 'Laws':--"Let no one shift the boundary line either of a fellow-citizen who is a neighbour, or, if he dwells at the extremity of the land, of any stranger who is conterminous with him. . . . Every one should be more willing to move the largest rock which is not a land mark, than the least stone which is the sworn mark of friendship and hatred between neighbours; for Zeus, the god of kindred, is the witness of the citizen, and Zeus, the god of strangers, of the stranger, and when aroused terrible are the wars which they stir up. He who obeys the law will never know the fatal consequences of disobedience, but he who despises the law shall be liable to a double penalty, the first coming from the Gods, and the second from the law."[165] The Romans worshipped Terminus or Jupiter Terminalis as the god of boundaries.[166] According to an old tradition, Numa directed that every one should mark the bounds of his landed property by stones consecrated to Jupiter, that yearly sacrifices should be offered to them at the festival of the Terminalia, and that, "if any person demolished or displaced these bound-stones, he should be looked upon as devoted to this god, to the end that anybody might kill him as a sacrilegious person with impunity and without being defiled with guilt."[167] In the higher religions theft of any kind is frequently condemned as a sin.

[Footnote 160: _Yasts_, xii. 8.]

[Footnote 161: Aeschylus, _Supplices_, 445. Farnell, _Cults of the Greek States_, i. 55.]

[Footnote 162: Ovid, _Fasti_, v. 141.]

[Footnote 163: Trumbull, _The Threshold Covenant_, p. 166 _sq._]

[Footnote 164: _Deuteronomy_, xix. 14; xxvii. 17. _Proverbs_, xxii. 28; xxiii. 10 _sq._ _Hosea_, v. 10. _Cf._ _Job_, xxiv. 2.]

[Footnote 165: Plato, _Leges_, viii. 842 _sq._ Demosthenes, _Oratio de Halonneso_, 39, p. 86. See also Hermann, _Disputatio de terminis eorumque religione apud Græcos_, _passim_.]

[Footnote 166: Ovid, _Fasti_, ii. 639 _sqq._ Festus, _De verborum significatione_ 'Termino.' Lactantius, _Divinæ Institutiones_, i. 10 (Migne, _Patrologiæ cursus_, vi. 227 _sqq._). Pauly, _Real-Encyclopädie der classischen Alterthumswissenschaft_, vi. pt. ii. 1707 _sqq._ Fowler, _Roman Festivals of the Period of the Republic_, p. 324 _sqq._]

[Footnote 167: Dionysius of Halicarnassus, _Antiquitates Romanæ_, ii. 74. Plutarch, _Numa_, xvi. i. Festus, _op. cit._ 'Termino.']

This religious sanction given to ownership is no doubt in some measure due to the same circumstances as, in certain cases, make morality in general a matter of divine {62} concern--a subject which will be dealt with in a future chapter. But there are also special reasons which account for it. Partly it has its origin in magic practices, particularly in the curse.

Cursing is a frequent method of punishing criminals who cannot be reached in any other way.[168] In the Book of Judges we read of Micah's mother who had pronounced a curse with reference to the money stolen from her, and afterwards, when her son had confessed his guilt, hastened to render it ineffective by a blessing.[169] In early Arabia the owner of stolen property had recourse to cursing in order to recover what he had lost.[170] In Samoa "the party from whom anything had been stolen, if he knew not the thief, would seek satisfaction in sitting down and deliberately cursing him."[171] The Kamchadales "think they can punish an undiscovered theft by burning the sinews of the stonebuck in a publick meeting with great ceremonies of conjuration, believing that as these sinews are contracted by the fire so the thief will have all his limbs contracted."[172] Among the Ossetes, if an object has been secretly stolen, its owner secures the assistance of a sorcerer. They proceed together to the house of any person whom they suspect, the sorcerer carrying under his arm a cat, which is regarded as a particularly enchanted animal. He exclaims, "If thou hast stolen the article and dost not restore it to its owner, may this cat torment the souls of thy ancestors!" And such an imprecation is generally followed by a speedy restitution of the stolen property. Again, if their suspicions rest upon no particular individual, they proceed in the same manner from house to house, and the thief then, knowing that his turn must come, frequently confesses his guilt at once.[173] A common mode of detecting the perpetrator of a theft is to compel the suspected individual to make oath, {63} that is to say, to pronounce a conditional curse upon himself.[174]

[Footnote 168: See, _e.g._, Mason, in _Jour. Asiatic Soc. Bengal_, xxxvii. pt. ii. 149 (Karens).]

[Footnote 169: _Judges_, xvii. 2.]

[Footnote 170: Wellhausen, _Reste arabischen Heidentums_, p. 192.]

[Footnote 171: Turner, _Nineteen Years in Polynesia_, p. 318.]

[Footnote 172: Krasheninnikoff, _History of Kamschatka_, p. 179 _sq._]

[Footnote 173: von Haxthausen, _Transcaucasia_, p. 398 _sq._]

[Footnote 174: von Struve, in _Das Ausland_, 1880, p. 796 (Samoyedes). Worcester, _Philippine Islands_, p. 412 (Mangyans of Mindoro). Turner, _Nineteen Years in Polynesia_, p. 292 _sq._ (Samoans). Bosman, _op. cit._ p. 125 (Negroes of the Gold Coast). Bowdich, _Mission to Ashantee_, p. 267; &c.]

Cursing is resorted to not only for the purpose of punishing thieves or compelling them to restore what they have stolen, but also as a means of preventing theft. In the South Sea Islands it is a common practice to protect property by making it _taboo_, and the tabooing of an object is, as Dr. Codrington puts it, "a prohibition with a curse expressed or implied."[175] The curse is then, in many cases, deposited in some article which is attached to the thing or place it is intended to protect. The mark of taboo, in Polynesia called _rahui_ or _raui_, sometimes consists of a cocoa-nut leaf plaited in a particular way,[176] sometimes of a wooden image of a man or a carved post stuck in the ground,[177] sometimes of a bunch of human hair or a piece of an old mat,[178] and so forth. In Samoa there were various forms of taboo which formed a powerful check on stealing, especially from plantations and fruit-trees, and each was known by a special name indicating the sort of curse which the owner wished would fall on the thief. Thus, if a man desired that a sea-pike should run into the body of the person who attempted to steal, say, his bread-fruits, he would plait some cocoa-nut leaflets in the form of a sea-pike, and suspend it from one or more of the trees which he wanted to protect. This was called the "sea-pike taboo"; and any ordinary thief would be terrified to touch a tree from which this was suspended, believing that, if he did so, a fish of the said description would dart up and mortally wound him the next time he went to the sea. The "white shark taboo" was done by plaiting a cocoa-nut leaf in the form of a shark, and was tantamount to an {64} expressed imprecation that the thief might be devoured by the white shark when he went to fish. The "cross-stick taboo," again, consisted of a stick suspended horizontally from the tree, and meant that any thief touching the tree would have a disease running right across his body and remaining fixed there till he died.[179] Exactly equivalent to the taboo of the Pacific Islanders is the _pomali_ of the natives of Timor; "a few palm leaves stuck outside a garden as a sign of the _pomali_ will preserve its produce from thieves as effectually as the threatening notice of man-traps, spring-guns, or a savage dog, would do with us."[180] Among the Santals, whenever a person "is desirous of protecting a patch of jungle from the axes of the villagers, or a patch of grass from being grazed over, or a newly sown field from being trespassed upon, he erects a bamboo in his patch of grass or field, to which is affixed a tuft of straw, or in the case of jungle some prominent and lofty tree has the same prohibitory mark attached, which mark is well understood and strictly observed by all parties interested."[181] So also in Madagascar "on rencontre sur les chemins, on voit dans les champs de longs bâtons munis à leur sommet d'un paquet d'herbes et qui sont plantés en terre soit pour interdire le passage du terrain soit pour indiquer que les récoltes sont réservées à l'usage d'individus déterminés."[182] Among the Washambala the owner of a field sometimes puts a stick wound round with a banana leaf on the road to it, believing that anybody who without permission enters the field "will be subject to the curse of this charm."[183] The Wadshagga protect a doorless hut against burglars by placing a banana leaf over the threshold, and any maliciously inclined person who dares to step over it is supposed to get ill or die.[184] The Akka "stick an arrow in a bunch of bananas still on the stalk to mark it as their own {65} when ripe," and then not even the owner of the tree would think of touching the fruit so claimed by others.[185] Of the Barotse we are told that "when they do not want a thing touched they spit on straws and stick them all about the object."[186] When a Balonda has placed a beehive on a tree, he ties a "piece of medicine" round the trunk, and this will prove sufficient protection against thieves.[187] Jacob of Edessa tells us of a Syrian priest who wrote a curse and hung it on a tree, that nobody might eat the fruit.[188] In the early days of Islam a masterful man reserved water for his own use by hanging pieces of fringe of his red blanket on a tree beside it, or by throwing them into the pool;[189] and in modern Palestine nobody dares to touch the piles of stones which are placed on the boundaries of landed property.[190] The old inhabitants of Cumaná on the Caribbean Sea used to mark off their plantations by a single cotton thread, in the belief that anybody tampering with these boundary marks would speedily die.[191] A similar idea seems still to prevail among the Indians of the Amazon. Among the Jurís a traveller noticed that in places where the hedge surrounding a field was broken, it was replaced by a cotton string; and when Brazilian Indians leave their huts they often wind a piece of the same material round the latch of the door.[192] Sometimes they also hang baskets, rags, or flaps of bark on their landmarks.[193] In these and in various other instances just referred to it is not expressly stated that the taboo mark embodies a curse, but their similarity to cases in which it does so is striking enough to {66} preclude much doubt about their real meaning. It is true that an object which is sacred by itself may, on that account, protect everything in its neighbourhood;[194] in Morocco any article deposited in the _[h.]orm_ of a saint is safe, and among pagan Africans the same effect is produced by using fetishes as protectors of fields or houses.[195] But a thing of inherent holiness may also be chosen for taboo purposes for the reason that its sanctity is supposed to give particular efficacy to any curse with which it may be loaded.

[Footnote 175: Codrington, _Melanesians_, p. 215.]

[Footnote 176: Taylor White, in _Jour. Polynesian Soc._ i. 275.]

[Footnote 177: Hamilton, _Maori Art_, p. 102; Thomson, _Story of New Zealand_, i. 102; Polack, _op. cit._ ii. 70 (Maoris). Ellis, _Polynesian Researches_, iii. 116 (Tahitians).]

[Footnote 178: Thomson, _op. cit._ i. 102 (Maoris). See also Colenso, _op. cit._ p. 34 (Maoris); Ellis, _Polynesian Researches_, iii. 201 (Tahitians).]

[Footnote 179: Turner, _Nineteen Years in Polynesia_, p. 294 _sqq._]

[Footnote 180: Wallace, _Malay Archipelago_, p. 149 _sq._]

[Footnote 181: Sherwill, 'Tour through the Rájmahal Hills,' in _Jour. Asiatic Soc. Bengal_, xx. 568.]

[Footnote 182: van Gennep, _Tabou et totémisme à Madagascar_, p. 184 _sqq._]

[Footnote 183: Lang, in Steinmetz, _Rechtverhältnisse_, p. 263.]

[Footnote 184: Volkens, _op. cit._ p. 254.]

[Footnote 185: Junker, _Travels in Africa during the Years 1882-1886_, p. 86.]

[Footnote 186: Decle, _op. cit._ p. 77.]

[Footnote 187: Livingstone, _Missionary Travels_, p. 285.]

[Footnote 188: Robertson Smith, _Religion of the Semites_, p. 164, n. 1.]

[Footnote 189: _Ibid._ p. 336, n. 1.]

[Footnote 190: Pierotti, _Customs and Traditions of Palestine_, p. 95 _sq._ According to Roman sources (_Digesta_, xlvii. 11. 9), there was in the province of Arabia an offence called [Greek: skopelismo/s], which consisted in laying stones on an enemy's ground as a threat that if the owner cultivated the land "malo leto periturus esset insidiis eorum, qui scopulos posuissent"; and so great was the fear of such stones that nobody would go near a field where they had been put.]

[Footnote 191: Gomara, _Primera parte de la historia general de las Indias_, ch. 79 (_Biblioteca de autores españoles_, xxii. 206).]

[Footnote 192: von Martius, _Von dem Rechtszustande unter den Ureinwohnern Brasiliens_, p. 37 _sq._]

[Footnote 193: _Ibid._ p. 34.]

[Footnote 194: _Cf._ van Gennep, _op. cit._ p. 185 (natives of Madagascar). It was an ancient Roman usage to inter the dead in the field belonging to the family, and in the works of the elder Cato there is a formula according to which the Italian labourer prayed the manes to take good care against thieves (Fustel de Coulanges, _op. cit._ p. 75). Cicero says (_Pro domo_, 41) that the house of each citizen was sacred because his household gods were there.]

[Footnote 195: Rowley, _Africa Unveiled_, p. 174. Bastian, _Afrikanische Reisen_, p. 78 _sq._ 3 Nassau, _Fetichism in West Africa_, p. 85. _Cf._ Schneider, _Die Religion der afrikanischen Naturvölker_, p. 230. If we knew the ceremonies with which magicians transform ordinary material objects into fetishes, we might perhaps find that they charge them with curses. Dr. Nassau says (_op. cit._ p. 85):--"For every human passion or desire of every part of our nature, for our thousand necessities or wishes, a fetich can be made, its operation being directed to the attainment of one specified wish." See also Schultze, _Der Fetischismus_, p. 109.]

We have previously noticed another method of charging a curse with magic energy, namely, by giving it the form of an appeal to a supernatural being.[196] So also spirits or gods are frequently invoked in curses referring to theft. On the Gold Coast, "when the owner of land sees that some one has been making a clearing on his land, he cuts the young inner branches of the palm tree and hangs them about the place where the trespass has been committed. As he hangs each leaf he says something to the following effect: 'The person who did this and did not make it known to me before he did it, if he comes here to do any other thing, may fetish Katawere (or Tanor or Fofie or other fetish) kill him and all his family.'"[197] In Samoa, in the case of a theft, the suspected persons had to swear before the chiefs, each one invoking the village god to send swift destruction if he had committed the crime; and if all had sworn and the culprit was still undiscovered, the chiefs solemnly made a similar invocation on behalf of the {67} thief.[198] The Hawaiians seem likewise to have appealed to an avenging deity in certain cursing ceremonies, which they performed for the purpose of detecting or punishing thieves.[199] In ancient Greece it was a custom to dedicate a lost article to a deity, with a curse for those who kept it.[200] Of the Melanesian taboo, again, Dr. Codrington observes that the power at the back of it "is that of the ghost or spirit in whose name, or in reliance upon whom, it is pronounced."[201] In Ceylon, "to prevent fruit being stolen, the people hang up certain grotesque figures around the orchard and dedicate it to the devils, after which none of the native Ceylonese will dare even to touch the fruit on any account. Even the owner will not venture to use it till it be first liberated from the dedication."[202] On the landmarks of the ancient Babylonians, generally consisting of stone pillars in the form of a phallus, imprecations were inscribed with appeals to various deities. One of these boundary stones contains the following curse directed against the violator of its sacredness:--"Upon this man may the great gods Anu, Bêl, Ea, and Nusku, look wrathfully, uproot his foundation, and destroy his offspring"; and similar invocations are then made to many other gods.[203]

[Footnote 196: _Supra_, i. 564.]

[Footnote 197: _Jour. African Soc._ 110 xviii. January, 1906, p. 203.]

[Footnote 198: Turner, _Samoa_, p. 19. _Idem_, _Nineteen Years in Polynesia_, p. 292 _sq._]

[Footnote 199: Jarves, _History of the Hawaiian Islands_, p. 20.]

[Footnote 200: Rouse, _Greek Votive Offerings_, p. 339.]

[Footnote 201: Codrington, _op. cit._ p. 215.]

[Footnote 202: Percival, _Account of the Island of Ceylon_, p. 198.]

[Footnote 203: Trumbull, _The Threshold Covenant_, p. 166 _sq._ Hilprecht, quoted _ibid._ p. 167 _sqq._]

Now we can understand why gods so frequently take notice of offences against property. They are invoked in curses uttered against thieves; the invocation in a curse easily develops into a genuine prayer, and where this is the case the god is supposed to punish the offender of his own free will. Besides, he may be induced to do so by offerings. And when often appealed to in connection with theft, a supernatural being may finally come to be looked upon as a guardian of property. This, for instance, I take to be the explanation of the belief prevalent among the Berbers {68} of [H.]a[h.]a, in Southern Morocco, that some of the local saints punish thieves who approach their sanctuaries, even though the theft was committed elsewhere; being constantly appealed to in oaths taken by persons suspected of theft, they have become the permanent enemies of thieves. We can, further, understand why in some cases certain offences against property have actually assumed the character of a sacrilege, even apart from such as are committed in the proximity of a supernatural being. Curses are sometimes personified and elevated to the rank of divine agents; this, as we have seen, is the origin of the Erinyes of parents, beggars, and strangers, and of the Roman _divi parentum_ and _dii hospitales_; and this is also in all probability the origin of the god Terminus.[204] Or the curse may be transformed into an attribute of the chief god, not only because he is frequently appealed to in connection with offences of a certain kind, but also because such a god has a tendency to attract supernatural forces which are in harmony with his general nature. This explains the origin of conceptions such as Zeus [Greek: o(/rios] and Jupiter Terminalis, as well as the extreme severity with which Yahweh treated the removal of landmarks. In all these cases there are indications of a connection between the god and a curse. Apart from other evidence to be found in Semitic antiquities, there is the anathema of _Deuteronomy_, "Cursed be he that removeth his neighbour's landmark."[205] That the boundary stones dedicated to Zeus [Greek: o(/rios] were originally charged with imprecations appears from a passage in Plato's 'Laws' quoted above,[206] as also from inscriptions made on them.[207] The Etruscans cursed anyone who should touch or displace a boundary mark:--Such a person shall be condemned by the gods; his house shall disappear; his race shall be extinguished; his limbs shall be covered with ulcers and waste away; his land shall no longer produce {69} fruits; hail, rust, and the fires of the dog-star shall destroy his harvests.[208] Considering the important part played by blood as a conductor of imprecations, it is not improbable that the Roman ceremony of letting the blood of a sacrificial animal flow into the hole where the landmark was to be placed[209] was intended to give efficacy to a curse. In some parts of England a custom of annually "beating the bounds" of a parish has survived up to the present time, and this ceremony was formerly accompanied by religious services, in which a clergyman invoked curses on him who should transgress the bounds of his neighbour, and blessings on him who should regard the landmarks.[210]

[Footnote 204: _Cf._ Festus, _op. cit._ 'Termino':--"Numa Pompilius statuit eum, qui terminum exarasset, et ipsum, et boves sacros esse."]

[Footnote 205: _Deuteronomy_, xxvii. 17. _Cf._ _Genesis_, xxxi. 44 _sqq._]

[Footnote 206: Plato, _Leges_, viii. 843: ". . . [Greek: ê)\n smikron li/thon o(ri/zonta philai/n kai\ e)/chthran e)/norkon para\ theô=n.]"]

[Footnote 207: Xenophon, _Anabasis_, v. 3. 13. Hermann, _Disputatio de terminis apud Græcos_, p. 11.]

[Footnote 208: _Rei agrariæ auctores legesque variæ_, edited by G[oe]sius, p. 258 _sq._]

[Footnote 209: Siculus Flaccus, 'De conditionibus agrorum,' in _Rei agrariæ auctores_, p. 5.]

[Footnote 210: Dibbs, 'Beating the Bounds,' in _Chambers's Edinburgh Journal_, N.S. xx. (1853) 49 _sqq._ Trumbull, _The Threshold Covenant_, p. 174 _sq._]

The practice of cursing a thief may possibly even be at the bottom of the belief of some savages that such a person will be punished after death. In a following chapter we shall notice instances where the efficacy of a curse is supposed to extend beyond the grave. But we shall also find other reasons for savage doctrines of retribution in the world to come. In the cases referred to above it is not expressly said that the _post mortem_ punishment of the thief is inflicted by a god.

* * * * *

I have here only dealt with rules relating to property which have been recognised by custom or law. But the established principles of ownership have not always been admitted to be just: in the civilised countries of the West they have called forth an opposition which is rapidly gaining in strength. The limited scope of the present work does not allow me to attempt a detailed account of this movement, with its variety of arguments and its multitudinous schemes of reform. The main reasons for complaint are:--first, that our actual law of property does not ensure to every labourer the whole produce of his labour; secondly, that it does not provide for every want {70} a satisfaction proportionate to the available means. However much the opinions of the different schools of socialists may vary, every socialist organisation of property aims either at guaranteeing to the working-classes the entire product of their industry, or at reducing to just proportions individual needs and existing means of satisfaction by recognising the claim of every member of society to the commodities and services necessary to support existence, in preference to the satisfaction of the less pressing wants of others.[211] These aims are greatly hampered by the present system, in which land and capital are the property of private individuals freely struggling for increase of wealth, and especially by the legally recognised existence of unearned income[212]--the "rent" of the Saint-Simonians, the "surplus value" (_Mehrwert_) of Thompson and Marx,--for which the favoured recipient returns no personal equivalent to society, and which he is able to pocket because the wage labourer receives in money-wages less than the full value of the produce of his work. We have here a conflict between different principles of acquisition. Both the rule that the owner of a thing also owns what results from it, and the law of inheritance, leading as they do to unearned income, are intruding upon the principle of labour as a source of property. They, moreover, interfere with the right to subsistence, which in some measure, though often insufficiently, is recognised in all human societies;[213] for, as Marx observed, the accumulation of wealth at one pole means the accumulation of misery at the opposite pole.[214] This conflict between different principles or rights, all of which have deep foundations in human nature and the conditions of social life, has been brought about by certain {71} facts inherent in progressive civilisation. In simple societies the unearned income is small, because no fortunes exist, and the wants of those who are incapable of earning their own livelihood are provided for by the system of mutual aid. Progress in culture, on the other hand, has been accompanied by a more unequal distribution of wealth, and also by a decrease of social solidarity as a result of the increase and greater differentiation of the social unit. The unearned income has grown larger, the disproportion between the returns on capital and the reward for labour has in many cases become enormous, and hand in hand with the opulence of some goes the destitution of others. At the same time the injustice of prerogatives based on birth or fortune is keenly felt, the dignity of labour is recognised, and the working-classes are every day becoming more conscious both of their power and their rights. All this has resulted in a strong and wide-spread conviction that the actual law of property greatly differs from the ideal law. But much struggle will no doubt be required to bring them in harmony with one another. The present rights of property are supported not only by personal interests, but also by a deep-rooted feeling, trained in the school of tradition, that it would be iniquitous of the State to interfere with individuals' long-established claims to use at their pleasure the objects of wealth. The new scheme, on the other hand, derives strength from the fact that it aims at rectifying legal rights in accordance with existing needs, and that it lays stress on a method of acquisition which more than any other seems to appeal to the natural sense of justice in man. We are utterly unable to foresee in detail the issue of this struggle. But that the law of property will sooner or later undergo a radical change must be obvious to every one who realises that, though ideas of right and wrong may for some time outlive the conditions from which they sprang, they cannot do so for ever.

[Footnote 211: See Menger, _Right to the whole Produce of Labour_, p. 5 _sqq._, Goos, _op. cit._ ii. 61.]

[Footnote 212: The term "unearned income" (_arbeitsloses Einkommen_) has been proposed by Menger (_op. cit._ p. 3).]

[Footnote 213: See _supra_, ch. xxiii., vol. i. 526 _sqq._ Among the Eskimo about Behring Strait (Nelson, in _Ann. Rep. Bur. Ethn._ xviii. 294) and the Greenlanders (Rink, _Eskimo Tales_, p. 29 _sq._), if a man borrows an article from another and fails to return it, the owner is not entitled to claim it back, as they consider that when a person has enough property to enable him to lend some of it he has more than he needs.]

[Footnote 214: Marx, _Capital_, p. 661.]

CHAPTER XXX

THE REGARD FOR TRUTH AND GOOD FAITH

THE regard for truth implies in the first place that we ought to abstain from lying, that is, a wilful misrepresentation of facts, by word or deed, with the intention of producing a false belief. Closely connected with this duty is that of good faith or fidelity to promises, which requires that we should make facts correspond with our emphatic assertions as to our conduct in the future. Within certain limits these duties seem to be universally recognised, though the censure passed on the transgressor varies extremely in degree. But there are also many cases in which untruthfulness and bad faith are looked upon with indifference, or even held laudable or obligatory.

Various uncivilised races are conspicuous for their great regard for truth; of some savages it is said that not even the most trying circumstances can induce them to tell a lie. Among others, again, falsehood is found to be a prevailing vice and the successful lie a matter of popular admiration.

All authorities agree that the Veddahs of Ceylon are models of veracity. They "are proverbially truthful and honest."[1] They think it perfectly inconceivable that any person should say anything which is not true.[2] Mr. Nevill writes, "I never knew a true Vaedda to tell a lie, and the Sinhalese give them the same character."[3] Messrs. Sarasin had a similar experience:{73}--"The genuine Wood-Wedda always speaks the truth; we never heard a lie from any of them; all their statements are short and true."[4] A Veddah who had committed murder and was tried for it, instead of telling a lie in order to escape punishment, said simply nothing.[5]

[Footnote 1: Bailey, 'Wild Tribes of the Veddahs of Ceylon,' in _Trans. Ethn. Soc._ N.S. ii. 291.]

[Footnote 2: Hartshorne, in _Indian Antiquary_, viii. 320.]

[Footnote 3: Nevill, in _Taprobanian_, i. 193.]

[Footnote 4: Sarasin, _Forschungen auf Ceylon_, iii. 541. _Cf._ _ibid._ iii. 542 _sq._; Schmidt, _Ceylon_, p. 276.]

[Footnote 5: Sarasin, _op. cit._ iii. 543.]

Other instances of extreme truthfulness are provided by various uncivilised tribes in India. The Saoras of the province of Madras, "like most of the hill people, . . . are not inclined to lying. If one Saora kill another he admits it at once and tells why he killed him."[6] The highlander of Central India is described as "the most truthful of beings, and rarely denies either a money obligation or a crime really chargeable against him."[7] A true Gond "will commit a murder, but he will not tell a lie."[8] The Kandhs, says Macpherson, "are, I believe, inferior in veracity to no people in the world. . . . It is in all cases imperative to tell the truth, except when deception is necessary to save the life of a guest."[9] And to break a solemn pledge of friendship is, in their opinion, one of the greatest sins a man can commit.[10] The Korwás inhabiting the highlands of Sirgúja--though they show great cruelty in committing robberies, putting to death the whole of the party attacked, even when unresisting--"have what one might call the savage virtue of truthfulness to an extraordinary degree, and, rightly accused, will at once confess and give you every required detail of the crime."[11] The Santals are noted for veracity and fidelity to their word even in the most trying circumstances.[12] A Kurubar "always speaks the truth."[13] Among the Hos "a reflection on a man's honesty or veracity may be sufficient to send him to self-destruction."[14] Among the Angami Nagas simple truth is highly regarded; it is rare for a statement to be made on oath, and rarer still for it to be false.[15] In the Chittagong Hills the Tipperahs are the only people among whom Captain Lewin {74} has met with meanness and lying;[16] and they, too, have previously been said to be, "as a rule, truthful and simple-minded.**"[17] The Karens of Burma have the following traditional precept:--"Do not speak falsehood. What you do not know, do not speak. Liars shall have their tongues cut out."[18] Among the Bannavs of Cambodia "severe penalties, such as slavery or exile, are imposed for lying."[19]

[Footnote 6: Fawcett, _Saoras_, p. 17.]

[Footnote 7: Forsyth, _Highlands of Central India_, p. 164. _Cf._ _ibid._ p. 361; Sleeman, _Rambles and Recollections of an Indian Official_, ii. 109; Hislop, _Aboriginal Tribes of the Central Provinces_, p. 1.]

[Footnote 8: Dalton, _Ethnology of Bengal_, p. 284. _Cf._ Forsyth, _op. cit._ p. 155.]

[Footnote 9: Macpherson, 'Religious Opinions and Observances of the Khonds,' in _Jour. Roy. Asiatic Soc._ vii. 196.]

[Footnote 10: Macpherson, _Memorials of Service in India_, p. 94.]

[Footnote 11: Dalton, _op. cit._ p. 230.]

[Footnote 12: Elliot, 'Characteristics of the Population of Central and Southern India,' in _Jour. Ethn. Soc. London_, N.S. i. 106 _sq._]

[Footnote 13: _Ibid._ i. 105.]

[Footnote 14: Dalton, _op. cit._ p. 206. _Cf._ _ibid._ p. 204 _sq._; Bradley-Birt, _Chota Nagpore_, p. 103.]

[Footnote 15: Prain, 'Angami Nagas,' in _Revue coloniale internationale_, v. 490.]

[Footnote 16: Lewin, _Wild Races of South-Eastern India_, p. 191.]

[Footnote 17: Browne, quoted by Dalton, _op. cit._ p. 110.]

[Footnote 18: Smeaton, _Loyal Karens of India_, p. 254.]

[Footnote 19: Comte, quoted by Mouhot, _Travels in Indo-China, Cambodia, and Laos_, ii. 27. For the truthfulness of the uncivilised races of India see also Sleeman, _op. cit._ ii. 110 _sqq._; Dalton, _op. cit._ p. 256 (Oraons); Crooke, _Tribes and Castes of the North-Western Provinces_, ii. 478 (Hâbûra); Fraser, _Tour through the Him[=a]l[=a] Mountains_, pp. 264 (inhabitants of Kunawur), 335 (Bhoteas); Iyer, in the Madras Government Museum's _Bulletin_, iv. 73 (Nay[=a]dis of Malabar); Walhouse, 'Account of a Leaf-wearing Tribe on the Western Coast of India,' in _Jour. Anthr. Inst._ iv. 370 (Koragars).]

The Andaman Islanders call falsehood _y[=u]bda_, that is, sin or wrong-doing.[20] The natives of Car Nicobar are not only very honest,[21] but "the accusation of untruthfulness brings them up in arms immediately."[22] The Dyaks of Borneo are praised for their honesty and great regard for truth.[23] Mr. Bock states that if they could not satisfactorily reply to his questions they hesitated to answer at all, and that if he did not always get the whole truth he always got at least nothing but the truth from them.[24] Veracity is a characteristic of the Alfura of Halmahera[25] and the Bataks of Sumatra, who only in cases of urgent necessity have recourse to a lie.[26] The Javanese, says Crawfurd, "are honourably distinguished from all the civilised nations of Asia by a regard for truth."[27] "In their intercourse with society," Raffles observes, "they display, in a high degree, the virtues of honesty, plain dealing, and candour. Their ingenuousness is such that, as the first Dutch authorities have acknowledged, prisoners brought to the bar on criminal charges, if really guilty, nine times out of ten confess, without disguise or equivocation, the full extent and exact circumstances of their offences, and communicate, when required, more information on the matter at issue than all the rest of the evidence."[28] Among the natives {75} of the Malay Archipelago there are some further instances of trustworthy and truthful peoples;[29] whereas others are described as distrustful and regardless of truth.[30] Thus the natives of Timor-laut lie without compunction when they think they can escape detection,[31] and of the Niase it is said that "truth is their bitter enemy."[32]

[Footnote 20: Man, in _Jour. Anthr. Inst._ xii. 112.]

[Footnote 21: Distant, in _Jour. Anthr. Inst._ iii. 4.]

[Footnote 22: Kloss, _In the Andamans and Nicobars_, p. 227 _sq._]

[Footnote 23: Ling Roth, _Natives of Sarawak_, i. 66-68, 82. Boyle, _Adventures among the Dyaks of Borneo_, p. 215. Selenka, _Sonnige Welten_, p. 47.]

[Footnote 24: Bock, _Head-Hunters of Borneo_, p. 209.]

[Footnote 25: Kükenthal, _Forschungsreise in den Molukken_, p. 188.]

[Footnote 26: Junghuhn, _Battaländer auf Sumatra_, ii. 239.]

[Footnote 27: Crawfurd, _History of the Indian Archipelago_, i. 50.]

[Footnote 28: Raffles, _History of Java_, i. 248.]

[Footnote 29: Riedel, _De sluik- en kroesharige rassen tusschen Selebes en Papua_, p. 96 (Serangese). St. John, _Life in the Forests of the Far East_, ii. 322 (Malays of Sarawak).]

[Footnote 30: Marsden, _History of Sumatra_, p. 209 (natives of the interior of Sumatra). Riedel, _op. cit._ p. 314 (natives of the Luang-Sermata group). Steller, _De Sangi-Archipel_, p. 23.]

[Footnote 31: Forbes, _A Naturalist's Wanderings in the Eastern Archipelago_, p. 320.]

[Footnote 32: Modigliani, _Viaggio a Nías_, p. 467.]

Veracity and probity were conspicuous virtues among various uncivilised peoples belonging to the Russian Empire. Georgi, whose work dates from the eighteenth century, says of the Chuvashes that they "content themselves with a simple affirmation or denial, and always keep their word";[33] of the Barabinzes, that "lying, duplicity, and fraud, are unknown among them";[34] of the Tunguses, that they "always appear to be what they really are," and that "lying seems to them the absurdest thing in the world, which prevents them being either suspicious or necessitated to accompany their affirmations by oaths or solemn protestations";[35] of the Kurilians, that they always speak the truth "with the most scrupulous fidelity."[36] Castrén states that the Zyrians, like the Finnish tribes generally, are trustworthy and honest,[37] and that the Ostyaks have no other oaths but those of purgation. Among them "witnesses never take the oath, but their words are unconditionally believed in, and everybody, with the exception of lunatics, is allowed to give evidence. Children may witness against their parents, brothers against brothers, a husband against his wife, and a wife against her husband."[38]

[Footnote 33: Georgi, _Russia_, i. 110.]

[Footnote 34: _Ibid._ ii. 229.]

[Footnote 35: _Ibid._ iii. 78. _Cf._ _ibid._ iii. 109.]

[Footnote 36: _Ibid._ iii. 192. _Cf._ Krasheninnikoff, _History of Kamschatka_, p. 236.]

[Footnote 37: Castrén, _Nordiska resor och forskningar_, i. 257.]

[Footnote 38: _Ibid._ i. 309 _sq._]

The Aleuts were highly praised by Father Veniaminof for their truthfulness:--"These people detest lying, and never spread false rumours. . . . They are very much offended if any one doubts their word." They "despise hypocrisy in every respect," and "do not flatter nor make empty promises, even in order to escape reproof."[39] The regard in which truth is held by the Eskimo seems to vary among different tribes. Armstrong blames the Western Eskimo for being much {76} addicted to falsehood, and for seldom telling the truth, if there be anything to gain by a lie.[40] The Point Barrow Eskimo "are in the main truthful, though a detected lie is hardly considered more than a good joke, and considerable trickery is practised in trading."[41] Of the Eskimo at Igloolik, an island near Melville Peninsula, we are told that "their lies consist only of vilifying each other's character, with false accusations of theft or ill behaviour. When asking questions of an individual, it is but rarely that he will either advance or persist in an untruth. . . . Lying among them is almost exclusively confined to the ladies."[42] In his description of the Eskimo on the western side of Davis Strait and in the region of Frobisher Bay, Mr. Hall says that they despise and shun one who will _shag-la-voo_, that is, "tell a lie," and that they are rarely troubled by any of this class.[43] The Greenlanders are generally truthful towards each other, at least the men.[44] But if he can help it, a Greenlander will not tell a truth which he thinks may be unpleasant to the hearer, as he is anxious to stand on as good a footing as possible with his fellow-men.[45]

[Footnote 39: Veniaminof, quoted by Dall, _Alaska_, pp. 396, 395.]

[Footnote 40: Armstrong, _Discovery of the North-West Passage_, p. 196 _sq._]

[Footnote 41: Murdoch, 'Ethnological Results of the Point Barrow Expedition,' in _Ann. Rep. Bur. Ethn._ ix. 41.]

[Footnote 42: Lyon, _Private Journal during the Voyage of Discovery under Captain Parry_, p. 349.]

[Footnote 43: Hall, _Arctic Researches_, p. 567.]

[Footnote 44: Dalager, _Grønlandske Relationer_, p. 69. Cranz, _History of Greenland_, i. 171, 175. Nansen, _Eskimo Life_, p. 158.]

[Footnote 45: Nansen, _Eskimo Life_, p. 101. _Idem_, _First Crossing of Greenland_, ii. 334 _sq._]

The Thompson River Indians of British Columbia maintain that it is bad to lie, that if you do so people will laugh at you and call you a "liar."[46] Speaking of the Iroquois, Mr. Morgan says that the love of truth was a marked trait of the Indian character. "This inborn sentiment flourished in the period of their highest prosperity, in all the freshness of its primeval purity. On all occasions and at whatever peril, the Iroquois spoke the truth without fear and without hesitation. Dissimulation was not an Indian habit. . . . The Iroquois prided themselves upon their sacred regard for the public faith, and punished the want of it with severity when an occasion presented itself."[47] Loskiel likewise states that they considered lying and cheating heinous and scandalous offences.[48] Among the Chippewas there were a few persons addicted to lying, but these {77} were held in disrepute.[49] The Shoshones, a tribe of the Snake Indians, were frank and communicative in their intercourse with strangers, and perfectly fair in their dealings.[50] The Seminole Indians of Florida are commended for their truthfulness.[51] With special reference to the Navahos, Mr. Matthews observes, "As the result of over thirty years' experience among Indians, I must say that I have not found them less truthful than the average of our own race."[52] Among the Dacotahs lying "is considered very bad"; yet in this respect "every one sees the mote in his brother's eye, but does not discover the beam that is in his own,"[53] want of truthfulness and habitual dishonesty in little things being prevalent traits in their character.[54] So, also, the Thlinkets admit that falsehood is criminal, although they have recourse to it without hesitation whenever it suits their purpose.[55] Of the Chippewyans, again, it is said that they carry the habit of lying to such an extent, even among themselves, that they can scarcely be said to esteem truth a virtue.[56] The Crees are "not very strict in their adherence to truth, being great boasters."[57] Heriot[58] and Adair[59] speak of the treacherous or deceitful disposition of the North American Indians; but the latter adds that, though "privately dishonest," they are "very faithful indeed to their own tribe."

[Footnote 46: Teit, 'Thompson Indians of British Columbia,' in _Memoirs of the American Museum of Natural History_, Anthropology, i. 366.]

[Footnote 47: Morgan, _League of the Iroquois_, pp. 335, 338.]

[Footnote 48: Loskiel, _History of the Mission of the United Brethren among the Indians in North America_, i. 16.]

[Footnote 49: Keating, _Expedition to the Source of St. Peter's River_, ii. 168.]

[Footnote 50: Lewis and Clarke, _Travels to the Source of the Missouri River_, p. 306.]

[Footnote 51: Maccauley, 'Seminole Indians of Florida,' in _Ann. Rep. Bur. Ethn._ v. 491.]

[Footnote 52: Matthews, 'Study of Ethics among the Lower Races,' in _Jour. of American Folk-Lore_, xii. 5.]

[Footnote 53: Schoolcraft, _Indian Tribes of the United States_, ii. 196.]

[Footnote 54: Eastman, _Dacotah_, p. xvii.]

[Footnote 55: Douglas, quoted by Petroff, _Report on Alaska_, p. 177.]

[Footnote 56: Richardson, _Arctic Searching Expedition_, ii. 18. _Cf._ _ibid._ ii. 19.]

[Footnote 57: Richardson, in Franklin, _Journey to the Shores of the Polar Sea_, p. 63.]

[Footnote 58: Heriot, _Travels through the Canadas_, p. 319.]

[Footnote 59: Adair, _History of the American Indians_, p. 4.]

Of the regard in which truth is held by the Indians of South America the authorities I have consulted have little to say. The Coroados are not deceitful.[60] The Tehuelches of Patagonia nearly always lie in minor affairs, and will invent stories for sheer amusement. "In anything of importance, however, such as guaranteeing the safety of a person, they were very truthful, as long as faith was kept with them. After a time," Lieutenant Musters adds, "when they ascertained that I invariably avoided deviating in any way from the truth, they left off lying to me even in minor matters. This will serve to show that they are not of the treacherous nature assigned to {78} them by some ignorant writers."[61] Among the Fuegians, according to Mr. Bridge, no one can trust another, lying tales of slander are very common, great exaggeration is used, and it is not even considered wrong to tell a lie.[62] Snow, however, speaks of "the honesty they undoubtedly evince in many of their transactions";[63] and Darwin states that the Fuegian boy on board the Beagle "showed, by going into the most violent passion, that he quite understood the reproach of being called a liar, which in truth he was."[64]

[Footnote 60: von Spix and von Martius, _Travels in Brazil_, ii. 242.]

[Footnote 61: Musters, _At Home with the Patagonians_, p. 195 _sq._]

[Footnote 62: Bridges, in _A Voice for South America_, xiii. 202 _sq._ _Cf._ Hyades and Deniker, _Mission scientifique du Cap Horn_, vii. 242; King and Fitzroy, _Voyages of the "Adventure" and "Beagle,"_ ii. 188.]

[Footnote 63: Snow, _Two Years Cruise off Tierra del Fuego_, i. 347.]

[Footnote 64: Darwin, _Journal of Researches_, p. 227.]

Of the Australian aborigines we are told that some tribes and families display on nearly all occasions honesty and truthfulness, whereas others "seem almost destitute of the better qualities."[65] According to Mr. Mathew, they are not wantonly untruthful, although one can rely on them being faithful to a trust only on condition that they are exempt from strong temptation.[66] Mr. Curr admits that under some circumstances they are treacherous, and that it costs them little pain to lie; but from his own observations he has no doubt that the black feels, in the commencement of his career at least, that lying is wrong.[67] Mr. Howitt has found the South Australian Kurnai "to compare not unfavourably with our own people in their narration of occurrences, or as witnesses in courts of justice as to facts. Among them a person known to disregard truth is branded as a liar (_jet-bolan_)."[68] Among the aborigines of New South Wales people who cause strife by lying are punished, and "liars are much disliked"; Dr. Fraser was assured by a person who had had much intercourse with them for thirty years that he never knew them to tell a lie.[69] Among the tribes of Western Victoria described by Mr. Dawson liars are detested; should any man, through lying, get others into trouble, he is punished with the boomerang, whilst women and young people, for the same fault, are beaten with a stick.[70] In his description of his expeditions into Central Australia Eyre writes, "In their intercourse with each other I {79} have generally found the natives to speak the truth and act with honesty, and they will usually do the same with Europeans if on friendly terms with them."[71] With regard to West Australian tribes Mr. Chauncy states that they are certainly not remarkable for their treachery, and that he has very seldom known any of them accused of it. He adds that they are "habitually honest among themselves, if not truthful," and that, during his many years' acquaintance with them, he does not remember ever hearing a native utter a falsehood with a definite idea of gaining anything by it. "If questioned on any subject, he would form his reply rather with the view of pleasing the enquirer than of its being true; but this was attributable to his politeness."[72] According to a late Advocate-General of West Australia, "when a native is accused of any crime, he often acknowledges his share in the transaction with perfect candour."[73] Very different from these accounts is Mr. Gason's statement concerning the Dieyerie in South Australia. "A more treacherous race," he says, "I do not believe exists. They imbibe treachery in infancy, and practise it until death, and have no sense of wrong in it. . . . They seem to take a delight in lying, especially if they think it will please you. Should you ask them any question, be prepared for a falsehood, as a matter of course. They not only lie to the white man, but to each other, and do not appear to see any wrong in it."[74] The natives of Botany Bay and Port Jackson in New South Wales are by older writers described as no strangers to falsehood.[75] And speaking of a tribe in North Queensland, Mr. Lumholtz observed that "an Australian native can betray anybody," and that "there is not one among them who will not lie if it is to his advantage."[76]

[Footnote 65: Brough Smyth, _Aborigines of Victoria_, i. 25.]

[Footnote 66: Mathew, 'Australian Aborigines,' in _Jour. and Proceed. Roy. Soc. N.S. Wales_, xxiii. 387.]

[Footnote 67: Curr, _Australian Race_, i. 43, 100.]

[Footnote 68: Fison and Howitt, _Kamilaroi and Kurnai_, p. 256.]

[Footnote 69: Fraser, _Aborigines of New South Wales_, pp. 41, 90.]

[Footnote 70: Dawson, _Australian Aborigines_, p. 76.]

[Footnote 71: Eyre, _Expeditions of Discovery into Central Australia_, ii. 385.]

[Footnote 72: Chauncy, quoted by Brough Smyth, _op. cit._ ii. 275, 281. _Cf._ Oldfield, 'Aborigines of Australia,' in _Trans. Ethn. Soc._ N.S. iii. 255.]

[Footnote 73: Moore, quoted by Brough Smyth, _op. cit._ ii. 278.]

[Footnote 74: Gason, 'Dieyerie Tribe of Australian Aborigines,' in Woods, _Native Tribes of South Australia_, p. 257 _sq._]

[Footnote 75: Collins, _English Colony in New South Wales_, i. 600. Barrington, _History of New South Wales_, p. 22.]

[Footnote 76: Lumholtz, _Among Cannibals_, p. 100.]

According to Mr. Hale, the Polynesians are not naturally treacherous, by no means from a horror of deception, but apparently from a mere inaptitude at dissembling; and it is said that the word of a Micronesian may generally be relied upon.[77] To the Tonga Islanders a false accusation appeared more horrible than deliberate murder does to us, and they also put this {80} principle into practice.[78] We are told by Polack that among the Maoris of New Zealand lying is universally practised by all classes, and that an accomplished liar is accounted a man of consummate ability.[79] But Dieffenbach found that, if treated with honesty, they were always ready to reciprocate such treatment;[80] and, according to another authority, they believed in an evil spirit whom they said was "a liar and the father of lies."[81] The broad statement made by von Jhering, that among the South Sea Islanders lying is regarded as a harmless and innocent play of the imagination,[82] is certainly not correct. The treacherous disposition attributed to the Caroline Islanders[83] and the natives of New Britain[84] does not imply so much as that. The New Caledonians are, comparatively speaking, "not naturally dishonest."[85] The Solomon Islanders are praised as faithful and reliable workmen and servants,[86] though cheating in trade is nowadays very common among some of them.[87] Of the people of Erromanga, in the New Hebrides, the Rev. H. A. Robertson states that "truth, in heathenism, was told only when it suited best, but," he adds, "it is not that natives are always reckless about the truth so much as that they seem utterly incapable of stating anything definitely, or stating a thing just as it really occurred."[88] In the opinion of some authorities, the Fijians are very untruthful and regard adroit lying as an accomplishment.[89] Their propensity to lie, says the missionary Williams, "is so strong that they seem to have no wish to deny its existence, or very little shame when convicted of a falsehood." The universal prevalence of the habit of lying is so thoroughly taken for granted, "that it is common to hear, after the most ordinary statement, the rejoinder, 'That's a lie,' or something to the same effect, at which the accused person does not think of taking offence." But the same writer adds:--"Natives have often told me lies, manifestly without any ill-will, and when it would have been far more to their advantage to have spoken the truth. The Fijians hail as agreeable companions those who are {81} skilful in making tales, but, under some circumstances, strongly condemn the practice of falsehood. . . . On matters most lied about by civilised people, the native is the readiest to speak the truth. Thus, when convicted of some offence, he rarely attempts to deny it, but will generally confess all to any one he esteems. . . . The following incident shows that lying _per se_ is condemned and considered disreputable. A white man, notorious for falsehood, had displeased a powerful chief, and wrote asking me to intercede for him. I did so; when the chief dismissed the case briefly, saying, 'Tell--that no one hates a foreigner; but tell him that every one hates a liar!'"[90] Other writers even deny that the Fijians were habitual liars;[91] and Erskine found that those chiefs with whom he had to deal were so open to appeals to their good faith as to convince him "that they had a due appreciation of the virtue of truth."[92]

[Footnote 77: Hale, _U.S. Exploring Expedition, Vol. VI. Ethnography and Philology_, pp. 16, 73.]

[Footnote 78: Mariner, _Natives of the Tonga Islands_, ii. 163 _sq._]

[Footnote 79: Polack, _Manners and Customs of the New Zealanders_, ii. 102 _sq._ See also Colenso, _Maori Races of New Zealand_, pp. 44, 46.]

[Footnote 80: Dieffenbach, _Travels in New Zealand_, ii. 109.]

[Footnote 81: Yate, _Account of New Zealand_, p. 145.]

[Footnote 82: von Jhering, _Der Zweck im Recht_, ii. 606.]

[Footnote 83: Angas, _Polynesia_, p. 386.]

[Footnote 84: Powell, _Wanderings in a Wild Country_, p. 262.]

[Footnote 85: Anderson, _Travel in Fiji and New Caledonia_, p. 233.]

[Footnote 86: Parkinson, _Zur Ethnographie der nordwestlichen Salomo Inseln_, p. 4.]

[Footnote 87: Sommerville, 'Ethnogr. Notes in New Georgia,' in _Jour. Anthr. Inst._ xxvi. 393.]

[Footnote 88: Robertson, _Erromanga_, p. 384 _sq._]

[Footnote 89: Wilkes, _U.S. Exploring Expedition_, iii. 76.]

[Footnote 90: Williams and Calvert, _Fiji_, p. 107 _sq._]

[Footnote 91: Erskine, _Cruise among the Islands of the Western Pacific_, p. 264. Anderson, _Travel in Fiji and New Caledonia_, p. 130.]

[Footnote 92: Erskine, _op. cit._ p. 264.]

Nowhere in the savage world is truth held in less estimation than among many of the African races. The Negroes are described as cunning and liars by nature.[93] They "tell a lie more readily than they tell the truth," and falsehood "is not recognised amongst them as a fault."[94] They lie not only for the sake of gaining some advantage by it, or in order to please or amuse, but their lies are often said to be absolutely without purpose.[95] Of the natives of the Gold Coast the old traveller Bosman says, "The Negroes are all, without exception, crafty, villainous and fraudulent, and very seldom to be trusted, being sure to slip no opportunity of cheating an European, nor indeed one another."[96] Among all the Bakalai tribes "lying is thought an enviable accomplishment."[97] The Bakongo, in their answers, "will generally try and tell the questioner what they think will please him most, quite ignoring the truthfulness we consider it necessary to observe in our replies."[98] Miss Kingsley's experience of West African natives is likewise that they "will say 'Yes' to any mortal thing, if they think you want them to."[99] The Wakamba are described as great liars.[100] {82} Among the Waganda "truth is held in very low estimation, and it is never considered wrong to tell lies; indeed, a successful liar is considered a smart, clever fellow, and rather admired."[101] Untruthfulness is said to be "a national characteristic" of the tribes inhabiting the region of Lake Nyassa.[102] From his experience of the Eastern Central Africans, the Rev. D. Macdonald writes: "'Telling lies' is much practised and is seldom considered a fault. . . . The negro often thinks that he is flattered by being accused of falsehood. So, when natives wish to pay a high compliment to a European who has told them an interesting story, they look into his face and say, 'O father, you are a great liar.'"[103] To the Wanika, says Mr. New, lying is "almost as the very breath of their nostrils, and all classes, young and old, male and female, indulge in it. A great deal of their lying is without cause or object; it is lying for lying's sake. You ask a man his name, his tribe, where he lives, or any other simple question of like nature, and the answer he gives you will, as a rule, be the very opposite to the truth; yet he has nothing to evade or gain by so doing. Lying seems to be more natural to him than speaking the truth. He lies when detection is evident, and laughs at it as though he thought it a good joke. He hears himself called a _mulongo_ (liar) a score of times a day, but he notices it not, for there is no opprobrium in the term to him. To hide a fault he lies with the most barefaced audacity and blindest obstinacy. . . . When his object is gain, he will invent falsehoods wholesale. . . . He boasts that _ulongo_ (lying) is his _pesa_ (piece, ha'pence), and holds bare truth to be the most unprofitable commodity in the world. But while he lies causelessly, objectlessly, recklessly in self-defence or for self-interest, he is not a malicious liar. He does not lie with express intent to do others harm; this he would consider immoral, and he has sufficient goodness of heart to avoid indulging therein. . . . I have often been struck with the manner in which he has controlled his tongue when the character and interest of others have been at stake."[104] If a Bantu of South-Eastern Africa "undertakes the charge of any form of property, he accounts for it with as great fidelity as if he were the Keeper of the Great Seal. But, on the other hand, there are many circumstances in which falsehood is not reckoned even a disgrace, and if a man could {83} extricate himself from difficulties by lying and did not do so, he would be simply thought a fool."[105] Andersson speaks of the "lying habits" of the Herero.[106] Of the Bachapins, a Bechuana tribe, Burchell observes that among their vices a universal disregard for truth and a want of honourable adherence to their promise stand high above the rest, the consequence of this habitual practice of lying being "the absence of shame, even on being detected."[107] Among the Kafirs "deception is a practised art from early childhood; even the children will not answer a plain question."[108] It is considered a smart thing to deceive so long as a person is not found out, but it is awkward to be detected; hence a native father will enjoy seeing his children deceive people cleverly.[109] "In trading with them, you may make up your mind that all they tell you is untrue, and act accordingly. . . . Your own natives, on the other hand, if they like you, will lie for your benefit as strongly as the opposite party against you; and both sides think it all fair trade."[110] And in a Kafir lawsuit "defendant, plaintiff, and witnesses are allowed to tell as many lies as they like, in order to make the best of their case."[111] But we also hear that Kafirs do not tell lies to their chiefs, and that there are many among them who would never deceive a white man whom they are fond of or respect.[112] Among the Bushmans veracity is said to be too often, yet not always, disregarded, "and the neglect of it considered a mere venial offence."[113] "The first version of what a Bushman or any native has to say can never be relied on; whatever you ask him about, he invariably says first, 'I don't know,' and then promises to tell you all he does know. Ask him for news, and he says, 'No; we have got no news,' and shortly afterwards he will tell you news of perhaps great interest."[114] In Madagascar there was no stigma attached to deceit or fraud; they "were rather admired as proofs of superior cunning, as things to be imitated, so far at least as they would not bring the offender within the penalties of the native laws."[115] Ellis says that "the best sign of genius in children is esteemed a quickness to deceive, {84} overreach and cheat. The people delight in fabulous tales, but in none so much or universally as in those that relate instances of successful deceit or fraud. . . . Their constant aim is, in business to swindle, in professed friendship to extort, and in mere conversation to exaggerate and fabricate."[116] These statements refer to the Hovas; but among the Betsileo, inhabiting the same island, lying and cheating are equally rife, and "neither appears to have been thought a sin, so long as it remained undiscovered."[117] At the same time many of the Madagascar proverbs are designed to put down lying, and to show that truth is always best.[118]

[Footnote 93: Baker, _Albert N'yanza_, i. 289. Burton, _Mission to Gelele_, ii. 199.]

[Footnote 94: Reade, _Savage Africa_, p. 580.]

[Footnote 95: Hübbe-Schleiden, _Ethiopien, Studien über West-Afrika_, p. 186 _sq._]

[Footnote 96: Bosman, _New Description of the Coast of Guinea_, p. 100.]

[Footnote 97: Du Chaillu, _Explorations and Adventures in Equatorial Africa_, p. 390. _Cf._ _ibid._ p. 331.]

[Footnote 98: Ward, _Five Years with the Congo Cannibals_, p. 47.]

[Footnote 99: Kingsley, _Travels in West Africa_, p. 525.]

[Footnote 100: Krapf, _Travels in Eastern Africa_, p. 355.]

[Footnote 101: Wilson and Felkin, _Uganda_, i. 224. _Cf._ Felkin, 'Notes on the Waganda Tribe,' in _Proceed. Roy. Soc. Edinburgh_, xiii. 722; Ashe, _Two Kings of Uganda_, p. 295.]

[Footnote 102: Macdonald, 'East Central African Customs,' in _Jour. Anthr. Inst._ xxii. 119.]

[Footnote 103: Macdonald, _Africana_, i. 262 _sq._]

[Footnote 104: New, _Life, Wanderings, and Labours in Eastern Africa_, p. 96 _sqq._]

[Footnote 105: Macdonald, _Light in Africa_, p. 211.]

[Footnote 106: Andersson, _Lake Ngami_, p. 217. _Cf._ _ibid._ p. 499 (Bayeye).]

[Footnote 107: Burchell, _Travels in the Interior of Southern Africa_, ii. 553 _sq._]

[Footnote 108: Holden, _The Past and Future of the Kaffir Races_, p. 179.]

[Footnote 109: Kidd, _The Essential Kafir_, p. 285.]

[Footnote 110: Leslie, _Among the Zulus and Amatongas_, p. 199. _Cf._ _ibid._ p. 202.]

[Footnote 111: Maclean, _Compendium of Kafir Laws and Customs_, p. 58.]

[Footnote 112: Kidd, _The Essential Kafir_, p. 286.]

[Footnote 113: Burchell, _op. cit._ ii. 54.]

[Footnote 114: Chapman, _Travels in the Interior of South Africa_, i. 76 _sq._]

[Footnote 115: Sibree, _The Great African Island_, p. 338.]

[Footnote 116: Ellis, _History of Madagascar_, i. 143 _sq._]

[Footnote 117: Sibree, _op. cit._ p. 125. Shaw, 'Betsileo,' in _Antananarivo Annual_, iii. 79.]

[Footnote 118: Clemes, 'Malagasy Proverbs,' _ibid._ iv. 29.]

But in Africa, also, there are many peoples who have been described as regardful of truth and hostile to falsehood. Early travellers speak very highly of the sincerity of the Hottentots. Father Tachart says that they have more honesty than is almost anywhere found among Christians;[119] and Kolben agrees with him, asserting that the word of a Hottentot is sacred, and that there is hardly anything upon earth which he looks upon as a fouler crime than breach of engagement.[120] According to Barrow, the Hottentots are perfectly honest and faithful, and, "if accused of crimes of which they have been guilty, they generally divulge the truth."[121] Of the Manansas Dr. Holub states that, so far as his experience goes, they are beyond the average for honesty and fidelity, and are consequently laughed at by the more powerful tribes as "the simpletons of the North."[122] The Bahima in the Uganda Protectorate are usually very honest and truthful, and most of the Nandi think it very wicked to tell a lie.[123] Among the For tribe of Central Africa "lying is held to be a great crime; even the youngest children are severely beaten for it, and any one over fifteen or sixteen who is an habitual liar suffers the loss of one lip as a penalty."[124] Speaking of the natives of Sierra Leone, Winterbottom remarks that, in proportion as we advance into the interior of the country, the people are found to be more devoid of art and more free from suspicion.[125] "Those who have dealings with the Fán universally {85} prefer them in point of honesty and manliness to the Mpongwe and Coast races," and it is an insult to call one of them a liar or coward.[126] Monrad, who wrote in the beginning of the nineteenth century, asserts that among the Negroes of Accra lying is by no means common and that they are as a rule honest towards their own people.[127] According to an early authority, the people of Great Benin were very straightforward and did not cheat each other.[128] Mr. and Mrs. Hinde write that the Masai are as a race truthful, and that a grown-up person among them will not lie; "he may refuse to answer a question, but, once given, his word can be depended on."[129] Dr. Baumann, on the other hand, says that they often lie, but that they regard lying as a great fault.[130] The Guanches of the Canary Islands are stated to have been "slaves to their word."[131] Of the Berbers of Morocco Leo Africanus writes:--"Most honest people they are, and destitute of all fraud and guile. . . . They keep their couenant most faithfully; insomuch that they had rather die than breake promise."[132] M. Dyveyrier found the same virtue among the Touareg, another Berber people:--"La fidélité aux promesses, aux traités, est poussée si loin par les Touareg, qu il est difficile d'obtenir d'eux des engagements. . . . Il est de maxime chez les Touâreg, en matière de contrat, de ne s'engager que pour la moitié de ce qu'on peut tenir, afin de ne pas s'exposer au reproche d'infidélité. . . . Le mensonge, le vol domestique et l'abus de confiance sont inconnus des Touâreg."[133] As regards the truthfulness of the African Arabs opinions vary. Parkyns asks, "Who is more trustworthy than the desert Arab?"[134] According to Rohlfs and Chavanne, on the other hand, the Arabs of the Sahara are much addicted to lying;[135] and of the Arabs of Egypt Mr. St. John observes:--"There is no general appreciation of a man's word. . . . 'Liar' is a playful appellative scarcely reproachful; and 'I have told a lie' a confession that may be made without a blush."[136] Herodotus' statement that "the Arabs observe pledges as religiously as any people,"[137] is true of the Bedouins of Arabia in the {86} present day. "No vice or crime is more deservedly stigmatised as infamous among Bedouins than treachery. An individual in the great Arabian Desert will be forgiven if he should kill a stranger on the road, but eternal disgrace would be attached to his name, if it were known that he had robbed his companion, or his protected guest, even of a handkerchief."[138] Wallin affirms that you may put perfect trust in the promise of a Bedouin, as soon as you have eaten salt and bread with him.[139] But whilst faithfulness to a tacit or express promise is thus regarded by him as a sacred duty, lying and cheating are as prevalent in the desert as in the market-towns of Syria.[140] Speaking of the Bedouins of the Euphrates, Mr. Blunt observes:--"Truth, in ordinary matters, is not regarded as a virtue by the Bedouins, nor is lying held shameful. Every man, they say, has a right to conceal his own thought. In matters of importance, the simple affirmation is confirmed by an oath, and then the fact stated may be relied on. There is only one exception to the general rule of lying among them. The Bedouin, if questioned on the breed of his mare, will not give a false answer. He may refuse to say, or he may answer that he does not know; but he will not name another breed than that to which she really belongs. . . . The rule, however, does not hold good on any other point of horse dealing. The age, the qualities, and the ownership of the horse may be all falsely stated."[141]

[Footnote 119: Tachart, quoted by Kolben, _Present State of the Cape of Good Hope_, i. 167.]

[Footnote 120: _Ibid._ i. 59.]

[Footnote 121: Barrow, _Travels into the Interior of Southern Africa_, i. 151 _sq._]

[Footnote 122: Holub, _Seven Years in South Africa_, ii. 209.]

[Footnote 123: Johnston, _Uganda Protectorate_, ii. 630, 879.]

[Footnote 124: Felkin, in _Proceed. Roy. Soc. Edinburgh_, xiii. 232.]

[Footnote 125: Winterbottom, _Account of the Native Africans in the Neighbourhood of Sierra Leone_, i. 206 _sq._]

[Footnote 126: Burton, _Two Trips to Gorilla Land_, i. 225 _sq._]

[Footnote 127: Monrad, _Guinea-Kysten og dens Indbyggere_, p. 6.]

[Footnote 128: Quoted by Ling Roth, _Great Benin_, p. 45.]

[Footnote 129: Hinde, _The Last of the Masai_, p. 34.]

[Footnote 130: Baumann, _Durch Massailand_, p. 165.]

[Footnote 131: Bory de St. Vincent, _Essais sur les Isles Fortunées_, p. 70.]

[Footnote 132: Leo Africanus, _History and Description of Africa_, i. 183.]

[Footnote 133: Dyveyrier, _Exploration du Sahara_, p. 384 _sq._]

[Footnote 134: Parkyns, _Life in Abyssinia_, ii. 182.]

[Footnote 135: Chavanne, _Die Sahara_, p. 392.]

[Footnote 136: St. John, _Adventures in the Lybian Desert_, p. 31.]

[Footnote 137: Herodotus, iii. 8.]

[Footnote 138: Burckhardt, _Notes on the Bedouins and Wahábys_, p. 190 _sq._]

[Footnote 139: Wallin, _Reseanteckningar från Orienten_, iii. 116.]

[Footnote 140: Burckhardt, _op. cit._ p. 104 _sq._ _Cf._ Wallin, _op. cit._ iv. 89 _sq._; Doughty, _Arabia Deserta_, i. 241.]

[Footnote 141: Blunt, _Bedouin Tribes of the Euphrates_, ii. 203 _sq._ _Cf._ Niebuhr, _Travels through Arabia_, ii. 302:--"There is no instance of false testimony given in respect to the descent of a horse. Every Arabian is persuaded that himself and his whole family would be ruined, if he should prevaricate in giving his oath in an affair of such consequence."]

Various statements of travellers thus directly contradict the common opinion that want of truthfulness is mostly a characteristic of uncivilised races.[142] And we have much reason to assume that a foreigner visiting a savage tribe is apt rather to underrate than to overestimate its veracity. Mr. Savage Landor gives us a curious insight into an explorer's method of testing it. "If you were to say to an Ainu, 'You are old, are you not?' he would answer {87}'Yes'; but if you asked the same man, 'You are not old, are you?' he would equally answer 'Yes.'" And then comes the conclusion:--"Knowingly speaking the truth is not one of their characteristics; indeed, they do not know the difference between falsehood and truth."[143] It is hardly surprising to hear from other authorities that the Ainu are remarkably honest, and regard veracity as one of the most imperative duties.[144] Speaking of the Uaupés and other Brazilian tribes, Mr. Wallace observes:--"In my communications and inquiries among the Indians on various matters, I have always found the greatest caution necessary, to prevent one's arriving at wrong conclusions. They are always apt to affirm that which they see you wish to believe, and, when they do not at all comprehend your question, will unhesitatingly answer, 'Yes.'"[145] Savages who are inclined to give inaccurate answers to questions made by strangers, may nevertheless be truthful towards each other. As the regard for life and property, so the regard for truth varies according as the person concerned is a foreigner or a tribesman. "Perfidy and faithlessness," says Crawfurd, "are vices of the Indian islanders, and those vices of which they have been most frequently accused by strangers. This sentence against them must, however, be understood with some allowances. In their domestic and social intercourse, they are far from being a deceitful people, but in reality possess more integrity than it is reasonable to look for with so much misgovernment and barbarity. It is in their intercourse with strangers and with enemies that, like other barbarians, the treachery of their character is displayed."[146] The natives of the interior of Sumatra are "dishonest in their dealings with strangers, which they esteem no moral defect."[147] Dalager states that the same Greenlanders who, among themselves, in the sale of an object {88} which, the buyer had not seen, would depreciate it rather than overpraise it--even though the seller was anxious to get rid of it--told frightful lies in their transactions with Danish traders.[148] The Touareg, whilst scrupulously faithful to a promise given to one of their own people, do not regard as binding a promise given to a Christian;[149] and their Arab neighbours say that their word, "like water fallen on the sand, is never to be found again."[150] The Masai, according to Herr Merker, hold any kind of deceit to be allowable in their relations with persons of another race.[151] The Hovas of Madagascar even considered it a duty for anyone speaking with foreigners on political matters to state the exact opposite to the truth, and punished him who did otherwise.[152]

[Footnote 142: Burton, _City of the Saints_, p. 130. Vierkandt, _Naturvölker und Kulturvölker_, p. 273. von Jhering, _Der Zweck im Recht_, ii. 606.]

[Footnote 143: Landor, _Alone with the Hairy Ainu_, p. 283.]

[Footnote 144: Holland, in _Jour. Anthr. Inst._ iii. 237. von Siebold, _Aino auf der Insel Yesso_, p. 25.]

[Footnote 145: Wallace, _Travels on the Amazon_, p. 494 _sq._]