1 « PRIVATE LIBRARY OF • | WILSON R. GAY OF If I am generous enough to loan you this g book, please be thoughtful enough to re- § ///;•// //, without delaying, until invited | A; <•//> ^>. AV-err /^/iv //, ^/' keep it with- ^ out mv consent* as such too often en gen- ft . . *? ^v.v /^^/ feelings. This is simply | -*1 Business. " ^ SEATTLE, WASH. | ' THE PRINCIPLES OF SOCIOLOGY BY HERBERT SPENCER VOL. II — I NEW YORK D. APPLETON AND COMPANY I Authorized Edition. PREFACE TO PART IV* OF the chapters herewith published, constituting Part I Y of The Principles of Sociology, seven have already seen the light: not, however, all of them in England. For rea sons which need not be specified, it happened that the chap ter on Titles was not, like those preceding it, published in the Fortnightly Review at the same time that it was pub lished in periodicals in America, France, Germany, Italy, Hungary, and Russia; and it is therefore new to English readers. Five other chapters, namely Y, IX, X, XI, and XII, have not hitherto appeared either at home or abroad. For deciding to issue by itself, this and each succeeding division of Yol. II of the Principles of Sociology, I have found several reasons. One is that each division, though related to the rest, nevertheless forms a whole so far dis tinct, that it may be fairly well understood without the rest. Another is that large volumes (and Yol. II threatens to exceed in bulk Yol. I) are alarming; and that many who are deterred by their size from reading them, will not fear to undertake separately the parts of which they are com posed. A third and chief reason is that postponement of issue until completion of the entire volume, necessitates an undesirable delay in the issue of its earlier divisions: sub stantially-independent works being thus kept in manuscript much longer than need be. The contents of this Part are not, indeed, of such kind as to make me anxious that publication of it as a whole should be immediate. But the contents of the next Part, * The two parts of which this volume consists having been separately pub lished, each with its preface, it seems most convenient here simply to repro duce the two prefaces in place of a fresh one for the entire volume. v vi PREFACE. treating of Political Institutions, will, I think, be of some importance; and I should regret having to keep it in my portfolio for a year, or perhaps two years, until Parts VI, VII, and VIII, included in the second volume, were writ ten. [Inclusion of these proves impracticable.] On sundry of the following chapters when published in the Fortnightly llemew, a criticism passed by friends was that they were overweighted by illustrative facts. I am conscious that there were grounds for this criticism; and although I have, in the course of a careful revision, dimin ished in many cases the amount of evidence given (adding to it, however, in other cases) the defect may still be alleged. That with a view to improved effect I have not suppressed a larger number of illustrations, is due to the consideration that scientific proof, rather than artistic merit, is the end to be here achieved. If sociological generalizations are to pass out of the stage of opinion into the stage of established truth, it can only be through extensive accumulations of instances: the inductions must be wide if the conclusions are to be accepted as valid. Especially while there contin ues the belief that social phenomena are not the subject-mat ter of a Science, it is requisite that the correlations among them should be shown to hold in multitudinous cases. Evi dence furnished by various races in various parts of the world, must be given before there can be rebutted the alle gation that the inferences drawn are not true, or are but partially true. Indeed, of social phenomena more than all other phenomena, it must, because of their complexity, hold that only by comparisons of many examples can fundamen tal relations be distinguished from superficial relations. In pursuance of an intention intimated in the preface to the first volume, I have here adopted a method of reference to authorities cited, which gives the reader the opportunity of consulting them if he wishes, though his attention to them is not solicited. At the end of the volume will be found the needful clues to the passages extracted; pre- PREFACE. vii ceded by an explanatory note. Usually, though not uni formly, references have been given in those cases only where actual quotations are made. London, November, 1879. PREFACE TO PART V. THE division of the Principles of Sociology herewith is sued, deals with phenomena of Evolution which are, above all others, obscure and entangled. To discover what truths may be affirmed of political organizations at large, is a task beset by difficulties that are at once many and great — diffi culties arising from unlikenesses of the various human races, from differences among the modes of life entailed by circumstances on the societies formed of them, from the nu merous contrasts of sizes and degrees of culture exhibited by such societies, from their perpetual interferences with one another's processes of evolution by means of wars, and from accompanying breakings-up and aggregations in ever- changing ways. Satisfactory achievement of this task would require the labours of a life. Having been able to devote to it but two years, I feel that the results set forth in this volume must of necessity be full of imperfections. If it be asked why, being thus conscious that far more time and wider inves tigation are requisite for the proper treatment of a subject so immense and involved, I have undertaken it, my reply is that I have been obliged to deal with political evolution as a part of the general Theory of Evolution; and, with due regard to the claims of other parts, could not make a more prolonged preparation. Anyone wrho undertakes to trace the general laws of transformation which hold throughout all orders of phenomena, must have but an incomplete viii PREFACE. knowledge of each order; since, to acquaint himself ex haustively with any one order, demanding, as it would, ex clusive devotion of his days to it, would negative like devo tion to any of the others, and much more would negative generalization of the whole. Either generalization of the whole ought never to be attempted, or, if it is attempted, it must be by one who gives to each part such time only as is requisite to master the cardinal truths it presents. Believ ing that generalization of the whole is supremely important, and that no one part can be fully understood without it, I have ventured to treat of Political Institutions after the manner implied: utilizing, for the purpose, the materials which, in the space of fourteen years, have been gathered together in the Descriptive Sociology, and joining with them such further materials as, during the last two years, have been accumulated by inquiries in other directions, made personally and by proxy. If errors found in this vol ume are such as invalidate any of its leading conclusions, the fact will show the impolicy of the course I have pursued ; but if, after removal of the errors, the leading conclusions remain outstanding, this course will be justified. Of the chapters forming this volume, the first seven were originally published in the Fortnightly Review in England; and, simultaneously, in monthly periodicals in America, France, and Germany. Chapters VIII and IX were thus published abroad but not at home. Chapters XVII and XVII I appeared here in the Contemporary Re view; and at the same time in the before-mentioned foreign periodicals. The remaining chapters, X, XI, XII, XIII, XIV, XV, XVI, and XIX, now appear for the first time; with the exception of chapter XI, which has already seen the light in an Italian periodical — La Rivista diFilosofa Scientifica. London, March, 1882. PREFACE TO PART VI. THREE years and a half have elapsed since the issue of P olitical Institutions— iliv preceding division of the Princi ples of Sociology. Occupation with other subjects has been one cause of this long delay; but the delay has been in a much greater degree caused by ill-health, which has, during much of the interval, negatived even that small amount of daily work which I was previously able to get through. Two other parts remain to be included in Vol. II — Pro fessional Institutions and Industrial Institutions. Whether these will be similarly delayed, I cannot of course say. I entertain hopes that they may be more promptly completed ; but it is possible, or even probable, that a longer rather than a shorter period will pass before they appear — if they ever appear at all. Bayswater, October, 1885. PREFACE TO THE SECOND EDITION. precautions, errors creep in where many pieces of evidence are given. The detection of these is a service rendered by critics which is commonly of more value than other services rendered by them; and which, in some cases, partially neutralizes their disservices. I have myself had special difficulties to encounter in maintaining correctness. Even with unshaken health, it would have been impossible for me to read the five hun dred and odd works from which the materials for the Prin ciples of Sociology have been extracted; and, as it is, having been long in a state in which reading tells upon me as much ix x PREFACE TO THE SECOND EDITION. as writing, I have been obliged to depend mainly on the compilations made for me, and some years ago published under the title of Descriptive Sociology, joined with mate rials collected by assistants since that time. Being con- scions that in the evidence thus gathered, there would in evitably be a per-centage of errors, I lately took measures to verify all the extracts contained in the first volume of the Pr inciples of Sociology : fortunately obtaining the aid of a skilled bibliographer, Mr. Tedder, the librarian of the Athemeiim Club. The result was not unsatisfactory. For though there were found many mistakes, literal and verbal, yet out of more than 2,000 statements quoted, two only were invalidated: one losing its point and the other being can celled. AVitli this division of the work I followed what seemed a better course, but not with better result. While it was standing in type and before any of it was printed, I had all the extracts compared with the passages from which they were copied; and expected thus to insure perfect correct ness. But though apparent errors were removed, two un- apparent errors remained. In one case, the gentleman who had made for me an extract from the Records of the Past, had misunderstood a story translated from the hieroglyph ics: a thing easy to do, since the meanings of the translations are often not very clear. And in the other case, an extract concerning the Zulus had been broken off too soon: the copy ist not having, as it seems, perceived that a subsequent sen tence greatly qualified the sense. Unfortunately, when giv ing instructions for the verification of extracts, I did not point out the need for a study of the context in every case; and hence, the actual words quoted proving to be correctly given, the errors of meaning passed unrectified. IVyoud removal of these mis-statements, two changes of expression have been made for the purpose of excluding perverse misinterpretations. Bayswater, January 21, 1886. CONTENTS, PART IV.— CEREMONIAL INSTITUTIONS. CHAP. PAGE I. CEREMONY IN GENERAL . 3 II. TROPHIES ..... 36 III. MUTILATIONS ... 52 IV. PRESENTS . . ... S3 V. VISITS . .108 VI. OBEISANCES . . . . . . . .116 VII. FORMS OF ADDRESS ...... 144 VIII. TITLES . . . . . . . .159 IX. BADGES AND COSTUMES 179 X. FURTHER CLASS-DISTINCTIONS . . . .198 XI. FASHION . . . . . . .210 XII. CEREMONIAL RETROSPECT AND PROSPECT . .216 PART V.— POLITICAL INSTITUTIONS. I. PRELIMINARY . . 229 II. POLITICAL ORGANIZATION IN GENERAL . . . 244 III. POLITICAL INTEGRATION ..... 265 IV. POLITICAL DIFFERENTIATION .... 288 V. POLITICAL FORMS AND FORCES . . . .311 xi Xll CONTENTS. CM A I'. PAGE VI. POLITICAL HEADS— CIIIEES, KIN(;S, KTC. . .331 VII. COMPOUND POLITICAL IIKADS .... 306 VIII. CONSULTATIVE BODIES ...... 307 IX. REPRESENTATIVE BODIES PART IV. CEREMONIAL INSTITUTIONS. CHAPTEK I. CEKEMONY IN GENERAL. § 343. If, disregarding conduct that is entirely private, we consider only that species of conduct which involves direct relations with other persons ; and if under the name government we include all control of such conduct, however arising ; then we must say that the earliest kind of govern ment, the most general kind of government, and the govern ment which is ever spontaneously recommencing, is the government of ceremonial observance. More may be said. This kind of government, besides preceding other kinds, and besides having in all places and times approached nearer to universality of influence, has ever had, and continues to have, the largest share in regulating men's lives. Proof that the modifications of conduct called " man ners " and " behaviour," arise before those which political and religious restraints cause, is yielded by the fact that, be sides preceding social evolution, they precede human evolu tion : they are traceable among the higher animals. The dog afraid of being beaten, comes crawling up to his master; clearly manifesting the desire to show submission. E"or is it solely to human beings that dogs use such propitiatory ac tions. They do the like one to another. All have occasion ally seen how, on the approach of some formidable New foundland or mastiff, a small spaniel, in the extremity of its terror, throws itself on its back with legs in the air. Instead of threatening resistance by growls and showing of teeth, as it might have done had not resistance been hopeless, it spon- 3 4 CEREMONIAL INSTITUTIONS. taneously assumes the attitude that would result from defeat in battle; tacitly saying — u I am conquered, and at your mercy." Clearly then, besides certain modes of behaviour expressing affection, which are established still earlier in creatures lower than man, there are established certain modes of behaviour expressing subjection. After recognizing this fact, we shall be prepared to recognize the fact that daily intercourse among the lowest savages, whose small loose groups, scarcely to be called social, arc without political or religious regulation, is under a considerable amount of ceremonial regulation. Xo rul ing agency beyond that arising from personal superiority, characterizes a horde of Australians ; but every such horde has imperative observances. Strangers meeting must re main some time silent; a mile from an encampment ap proach has to be heralded by loud cooeys ; a green bough is used as an emblem of peace; and brotherly feeling is indi cated by exchange of names. Similarly the Tasmanians, equally devoid of government save that implied by pre dominance of a leader during war, had settled ways of indicating peace and defiance. The Esquimaux, too, though without social ranks or anything like chieftainship, have understood usages for the treatment of guests. Kindred evidence may be joined with this. Ceremonial control is highly developed in many places where other forms of control are but rudimentary. The wild Comanche " exacts the observance of his rules of eti quette from strangers," and " is greatly offended " by any breach of them. AVlien Araucanians meet, the inquiries, felicitations, and condolences which custom demands, are so elaborate that " the formality occupies ten or fifteen min utes." Of the ungoverned Bedouins we read that " their manners are sometimes dashed with a strange ceremonious- ness; " and the salutations of Arabs are such that the " compliments in a well-bred man never last less than ten minutes." " We were particularly struck," says Living- CEREMONY IN GENERAL. 5 stone, " with the punctiliousness of manners shown by the Balonda." " The Malagasy have many different forms of salutation, of which they make liberal use. . . . Hence in their general intercourse there is much that is stiff, formal, and precise." A Samoan orator, when speaking in Parlia ment, " is not contented with a mere word of salutation, such as ' gentlemen/ but he must, with great minuteness, go over the names and titles, and a host of ancestral refer ences, of which they are proud." That ceremonial restraint, preceding other forms of re straint, continues ever to be the most widely-diffused form of restraint, we are shown by such facts as that in all inter course between members of each society, the decisively gov ernmental actions are usually prefaced by this government of observances. The embassy may fail, negotiation may be brought to a close by war, coercion of one society by another may set up wider political rule with its peremptory com mands ; but there is habitually this more general and vague regulation of conduct preceding the more special and defi nite. So within a community, acts of relatively stringent control coming from ruling agencies, civil and religious, be gin with and are qualified by, this ceremonial control ; which not only initiates but, in a sense, envelops all other. Func tionaries, ecclesiastical and political, coercive as their pro ceedings may be, conform them in large measure to the re quirements of courtesy. The priest, however, arrogant his assumption, makes a civil salute; and the officer of the law performs his duty subject to certain propitiatory words and movements. Yet another indication of primordialism may be named. This species of control establishes itself anew with every fresh relation among individuals. Even between intimates greetings signifying continuance of respect, begin each renewal of intercourse. And in presence of a stranger, say in a railway-carriage, a certain self-restraint, joined with some small act like the offer of a newspaper, shows the spon- 59 6 CEREMONIAL INSTITUTIONS. taneous rise of a propitiatory behaviour such as even the rudest of mankind are not without. So that the modified forms of action caused in men by the presence of their fellows, constitute that comparatively vague control out of which other more definite.1 controls are evolved — the primitive undifferentiated kind of govern ment from which the political and religious governments are differentiated, and in which they ever continue im mersed. § 344. This proposition looks strange mainly because, when studying less-advanced societies, we carry with us our developed conceptions of law and religion. Swayed by them, we fail to perceive that what we think the essential parts of sacred and secular regulations were originally sub ordinate parts, and that the essential parts consisted of cere monial observances. It is clear, a priori, that this must be so if social phenom ena are evolved. A political system or a settled cult, cannot suddenly come into existence, but implies pre-established subordination. Before there are laws, there must be sub mission to some potentate enacting and enforcing them. Px-forc religious obligations are recognized, there must be acknowledged one or more supernatural powers. Evident ly, then, the behaviour expressing obedience to a ruler, visi- ble or invisible, must precede in time the civil or religious restraints lie imposes. And this inferable precedence of ceremonial government is a precedence we everywhere find. I Tow, in the political sphere, fulfilment of forms imply ing subordination is the primary thing, early European his tory shows us. During times when the question, who should be master, was in course of settlement, now in small areas and now in larger areas uniting them, there was scarce ly any of the regulation which developed civil government brings; but there was insistance on allegiance humbly ex- CEREMONY IN GENERAL. ? pressed. While each man was left to guard himself, and blood-feuds between families were unchecked by the central power — while the right of private vengeance was so well recognized that the Salic law made it penal to carry off ene mies' heads from the stakes on which they were exhibited near the dwellings of those who had killed them ; there was a rigorous demanding of oaths of fidelity to political supe riors and periodic manifestations of loyalty. Simple homage, growing presently into liege homage, was paid by smaller rulers to greater; and the vassal who, kneeling un- girt and swordless before his suzerain, professed his subjec tion and then entered on possession of his lands, was little interfered with so long as he continued to display his vas salage in court and in camp. Refusal to go through the re quired observances was tantamount to rebellion; as at the present time in China, where disregard of the forms of be haviour prescribed towards each grade of officers, a is con sidered to be nearly equivalent to a rejection of their author ity." Among peoples in lower stages this connexion of so cial traits is still better shown. The extreme ceremonious- ness of the Tahitians, " appears to have accompanied them to the temples, to have distinguished the homage and the service they rendered to their gods, to have marked their affairs of state, and the carriage of the people toward their rulers, to have pervaded the whole of their social inter course." Meanwhile, they were destitute " of even oral laws and institutes: " there was no public administration of justice. Again, if any one in Tonga neglected the proper salute in presence of a superior noble, some calamity from the gods was expected as a punishment for the omission; and Mariner's list of Tongan virtues commences with " pay ing respect to the gods, nobles, and aged persons." When to this we add his statement that many actions reprobated by the Tongans are not thought intrinsically wrong, but are wrong merely if done against gods or nobles, we get proof that along with high development of ceremonial control, 8 CEREMONIAL INSTITUTIONS. the sentiments and ideas out of which civil government comes were but feebly developed. Similarly in the ancient American States. The laws of the Mexican king, Monte- zuina I., mostly related to the intercourse of, and the dis tinctions between, classes. In Peru, a the most common punishment was death, for they said that a culprit was not punishod for the delinquencies he had committed, but for having broken the commandment of the Ynca." There had not been reached the stage in which the transgressions of man against man are the wrongs to be redressed, and in which there is consequently a proportioning of penalties to injuries; but the real crime was insubordination: implying that insistance on marks of subordination constituted the es sential part of government, In Japan, so elaborately cere monious in its life, the same theory led to the same result. And here we are reminded that even in societies so advanced as our own, there survive traces of a kindred early condition. " Indictment for felony," says Wharton, " is [for a trans gression] against the peace of our lord the King, his crown and dignity in general: " the injured individual being ignored. Evidently obedience was the primary require ment, and behaviour expressing it the first modification of conduct insisted on. Religious control, still better, perhaps, than political control, shows this general truth. Wlieii we find that rites performed at, graves, becoming afterwards religious rites performed at, altars in temples, were at first acts done for the benefit of the ghost, either as originally conceived or as ideally expanded into a deity— when we find that the sacri fices and libations, the immolations and blood-offerings and mutilations, all begun to profit or to please the double of the dead man, were continued on larger scales where the double of the dead man was especially feared — when we find that fasting as a funeral rite gave origin to religious fasting, that praises of the deceased and prayers to him grew into re ligious praises and prayers; we are shown why primitive CEREMONY IN GENERAL. 9 religion consisted almost wholly of propitiatory observances. Though, in certain rude societies now existing, one of the propitiations is the repetition of injunctions given by the departed father or chief, joined in some cases with expres sions of penitence for breach of them; and though we are shown by this that from the outset there exists the germ out of which grow the sanctified precepts eventually constitut ing important adjuncts to religion; yet, since the supposed supernatural beings are at first conceived as retaining after death the desires and passions that distinguished them dur ing life, this rudiment of a moral code is originally but an in significant part of the cult : due rendering of those offerings and praises and marks of subordination by which the goodwill of the ghost or god is to be obtained, forming the chief part. Everywhere proofs occur. We read of the Tahitians that " religious rites were connected with almost every act of their lives; " and it is so with the unciv ilized and semi-civilized in general. The Sandwich Island ers, along with little of that ethical element which the con ception of religion includes among ourselves, had a rigorous and elaborate ceremonial. Noting that tabu means liter ally, " sacred to the gods," I quote from Ellis the following account of its observance in Hawaii :— "During the season of strict tabu, every fire or light in the island or district must be extinguished ; no canoe must be launched on the water, no person must bathe ; and except those whose attendance was required at the temple, no individual must be seen out of doors ; no dog must bark, no pig must grunt, no cock must crow. ... On these occasions they tied up the mouths of the dogs and pigs, and put the fowls under a calabash, or fastened a piece of cloth over their eyes." And how completely the idea of transgression was associ ated in the mind of the Sandwich Islander with breach of ceremonial observance, is shown in the fact that " if any one made a noise on a tabu day ... he must die." Through stages considerably advanced, religion continues to be thus constituted. When questioning the Nicaraguans concern- 10 CEREMONIAL INSTITUTIONS. in»- their creed, Oviedo, eliciting the fact that they confessed their sins to an appointed old man, asks what sort of sins thev confessed; and the iirst clause of the answer is — " we tell him when we have broken our festivals and not kept them.'' Similarly among the Peruvians, tk the most nota ble sin was neglect in the service of the huacas " [spirits, cvc. ] ; and a large part of life was spent by them in pro pitiating1 the apotheosized dead. How elaborate the observ ances, how frequent the festivals, how lavish the expendi ture, by which the ancient Egyptians sought the goodwill of supernatural beings, the records everywhere prove; and that with them religious duty consisted in thus ministering to the desires of ancestral ghosts, deified in various degrees, is shown by the before-quoted prayer of Rameses to his father Ammon, in which he claims his help in battle because of the many bulls he has sacrificed to him. With the He brews in prc-]Mosaic times it was the same. As Kuenen re marks, the " great work and enduring merit " of Moses, was that he gave dominance to the moral element in religion. In his reformed creed, " Jahveh is distinguished from the rest of the gods in this, that he will be served, not merely by sacrifices and feasts, but also, nay, in the first place, by the observance of the moral commandments." That the piety of the (I reeks included diligent performance of rites at tombs, and that the Greek god was especially angered by non-ob servance of propitiatory ceremonies, are familiar facts; and credit wiih a god was claimed by the Trojan, as by the Egyptian, not on account of rectitude, but on account of ob lations made; as is shown by Chryses' prayer to Apollo. So too, Christianity, originally a renewed development of the ethical element at the expense of the ceremonial element, losing as it spread those early traits which distinguished it from lower creeds, displayed in mediaeval Europe, a relative ly large amount of ceremony and a relatively small amount of morality. In the "Rule of St. Benedict, nine chapters concern the moral and general duties of the brothers, while CEREMONY IN GENERAL. H thirteen concern the religious ordinances. And how crimi nality was ascribed to disregard of such ordinances, the following passage from the Ilule of St. Columbaiius shows : — "A year's penance for him who loses a consecrated wafer; six months for him who suffers it to be eaten by mites; twenty days for him who lets it turn red ; forty days for him who contemptuously flings it into water; twenty days for him who brings it up through weakness of stomach ; but, if through illness, ten days. He who neg lects his Amen to the Benedicite, who speaks when eating, who for gets to make the sign of the cross on his spoon, or on a lantern lighted by a younger brother, is to receive six or twelve stripes." That from the times when men condoned crimes by building chapels or going on pilgrimages, down to present times when barons no longer invade one another's territories or torture Jews, there has been a decrease of ceremony along with an increase of morality, is clear; though if we look at unad- vanced parts of Europe, such as Naples or Sicily, we see that even now observance of rites is in them a much larger component of religion than obedience to moral rules. And when we remember how modern is Protestantism, which, less elaborate and imperative in its forms, does not habitu ally compound for transgression by acts expressing subordi nation, and how recent is the spread of dissenting Prot estantism, in which this change is carried further, wre are shown that postponement of ceremony to morality charac terizes religion only in its later stages. Mark, then, what follows. If the two kinds of control which eventually grow into civil and religious governments, originally include scarcely anything beyond observance of ceremonies, the precedence of ceremonial control over other controls is a corollary. § 345. Divergent products of evolution betray their kinship by severally retaining certain traits which belonged to that from which they were evolved ; and the implication is that whatever traits they have in common, arose earlier in 12 CEREMONIAL INSTITUTIONS. time than did the traits which distinguish them from one another. If fish, reptiles, birds, and mammals, all possess vertebral columns, it follows, on the evolution-hypothesis, that the vertebral column became part of the organization at an earlier period than did the teeth in sockets and the mamirne which distinguish one of these groups, or than did the toothless beak and the feathers which distinguish an other of these groups; and so on. Applying this principle in the present case, it is inferable that if the controls classed as civil, religious, and social, have certain common charac ters, such characters, older than are these now differentiated controls, must have belonged to the primitive control out of which they developed. Ceremonies, then, have the highest antiquity ; for these differentiated controls all exhibit them. There is the making of presents: this is one of the acts showing subordination to a ruler in early stages; it is a re ligious rite, performed originally at the grave and later on at the altar; and from the beginning it has been a means of vertebral columns, it follows, on the evolution-hypothesis, propitiation in social intercourse. There are the obei sances: these, of their several kinds, serve to express rever ence in its various degrees, to gods, to rulers, and to private persons: here the prostration is habitually seen, now in the temple, now before the monarch, now to a powerful man; here there is genuflexion in presence of idols, rulers, and fel low-subjects; here the salaam is more or less common to the three cases; here uncovering of the head is a sign alike of worship, of loyalty, and of respect; and here the bow serves the same three purposes. Similarly with titles: father is a name of honour applied to a god, to a king, and to an hon oured individual; so too is lord; so are sundry other names. r\ lie same thing holds of humble speeches: professions of inferiority and obedience on the part of the speaker, are used to secure divine favour, the favour of a ruler, and the favour of a private person. Once more, it is thus with words of praise : telling a deity of his greatness constitutes a CEREMONY IN GENERAL. 13 large element of worship; despotic monarchs are addressed in terms of exaggerated eulogy; and where ceremony is dominant in social intercourse, extravagant compliments are addressed to private persons. In many of the less advanced societies, and also in the more advanced that have retained early types of organiza tion, we find other examples of observances expressing sub jection, which are common to the three kinds of control — political, religious, and social. Among Malayo-Polynesians the offering of the first fish and of first fruits, is a mark of respect alike to gods and to chiefs; and the Fijians make the same gifts to their gods as they do to their chiefs — food, turtles, whalers-teeth. In Tonga, " if a great chief takes an oath, he swears by the god; if an inferior chief takes an oath, he swears by his superior relation, who, of course, is a greater chief." In Fiji, " all are careful not to tread on the threshold of a place set apart for the gods: persons of rank stride over; others pass over on their hands and knees. The same form is observed in crossing the threshold of a chief's house." In Siam, " at the full moon of the fifth month the Talapoins [priests] wash the idol with perfumed water. . . . The people also wash -the Sancrats and other Talapoins; and then in the families children wash their parents." China affords good instances. " At his accession, the Emperor kneels thrice and bows nine times before the altar of his father, and goes through the same ceremony before the throne on which is seated the Em press Dowager. On his then ascending his throne, the great officers, marshalled according to their ranks, kneel and bow nine times." And the equally ceremonious Japanese furnish kindred evidence. " From the Emperor to the low est subject in the realm there is a constant succession of prostrations. The former, in want of a human being supe rior to himself in rank, bows humbly to some pagan idol; and every one of his subjects, from prince to peasant, has some person before whom he is bound to cringe and crouch 14 CEREMONIAL INSTITUTIONS. in the dirt: " religious, political, and social subordination are expressed by the same form of behaviour. These indications of a general truth which will be abun dantly exemplified when discussing each kind of ceremonial observance, I here give in brief, as further showing that the control of ceremony precedes in order of evolution the civil and religious controls, and must therefore be first dealt with. § 3-KJ. On passing to the less general aspects of ceremoni al government, we are met by the question — How do there arise1 those modifications of behaviour which constitute it? Commonly it is assumed that they are consciously chosen as symbolizing reverence or respect. After their usual man ner of speculating about primitive practices, men read back developed ideas into undeveloped minds. The supposition, is allied to that which originated the social-contract theory: a kind of conception that has become familiar to the civilized man, is assumed to have been familiar to man in his earliest state. But just as little basis as there is for the belief that savages deliberately made social contracts, is there for the belief that they deliberately adopted symbols. The error is best seen on turning to the most developed kind of symbol ization — that of language. An Australian or a Fue- gian does not sit down and knowingly coin a word; but the words he finds in use, and the new ones which come into use during his life, grow up unawares by onomatopoeia, or by vocal suggestions of qualities, or by metaphor which some observable likeness suggests. Among civilized peoples, however, who have learnt that words are symbolic, new words are frequently chosen to symbolize new ideas. So, too, is it with written language. The early Egyptian never thought of fixing on a sign to represent a sound, but his rec ords began, as those of Xorth American Indians begin now, with rude pictures of the transactions to be kept in memory; and as the process of recording extended, the pictures, abbre viated and generalized, lost more and more their likenesses CEREMONY IN GENERAL. 15 to objects and acts, until, under stress of the need for express ing proper names, some of them were used phonetically, and signs of sounds came into existence. But, in our days, there has been reached a stage at which, as shorthand shows us, special marks are consciously selected to signify special sounds. The lesson taught is obvious. As it would be an error to conclude that because we knowingly choose sounds to symbolize ideas, and marks to symbolize sounds, the like was originally done by savages and by barbarians ; so it is an error to conclude that because among the civilized certain ceremonies (say those of freemasons) are arbitrarily fixed upon, so ceremonies were arbitra rily fixed upon by the uncivilized. Already, in in dicating the primitiveness of ceremonial control, I have named some modes of behaviour expressing subordination which have a natural genesis; and here the inference to be drawn is, that until we have found a natural genesis for a ceremony, we have not discovered its origin. The truth of this inference will seem less improbable on observing sundry ways in which spontaneous manifestations of emotion initi ate formal observances. The ewe bleating after her lamb that has strayed, and smelling now one and now another of the larnbs near her, but at length, by its odour, identifying as her own one that comes running up, doubtless, thereupon, experiences a wave of gratified maternal feeling; and by repetition there is es tablished between this odour and this pleasure, such an asso ciation that the first habitually produces the last: the smell becomes, on all occasions, agreeable by serving to bring into consciousness more or less of the philoprogenitive emotion. That among some races of men individuals are similarly identified, the Bible yields proofs. Though Isaac, with senses dulled by age, fails thus to distinguish his sons from one another, yet the fact that, unable to see Jacob, and puz zled by the conflicting evidence his voice and his hands fur nished, " he smelled the smell of his raiment, and blessed 16 CEREMONIAL INSTITUTIONS. him," shows that different persons, even members of the same family, were perceived by the Hebrews to have their specific odours. And that perception of the odour possessed by one who is loved, yields pleasure, proof is given by an other Asiatic race. Of a Mongol father, Timkowski writes: — " Jle smelt from time to time the head of his youngest son, a mark of paternal tenderness usual among the Mon gols, instead of embracing." In the Philippine Islands k> the sense of smell is developed ... to so great a degree that they are able, by smelling at the pocket-handkerchiefs, to tell to which persons they belong; and lovers at parting exchange pieces of the linen they may be wearing, and dur ing their separation inhale the odour of the beloved being, besides smothering the relics with kisses." So, too, with the Chittagong-Hill people, the " manner of kissing is peculiar. Instead of pressing lip to lip, they place the mouth and nose upon the cheek, and inhale the breath strongly. Their form of speech is not ( Give me a kiss,' but ' smell me.' ' Similarly " the Burmese do not kiss each other in the west ern fashion, but apply the lips and nose to the cheek and make a strong inhalation." And now note a sequence. Inhalation of the odour given off by a loved person coming to be a mark of affection for him or for her, it happens that since men wish to be liked, and are pleased by display of liking, the performance of this act which signifies liking, initiates a complimentary observance, and gives rise to cer tain modes of showing respect The Samoans salute by " juxtaposition of noses, accompanied not by a rub, but a hearty smell. They shake and smell the hands also, espe cially of a superior." And there are like salutes among the Ks(jiiimaiix and the Xew Xcalanders. The alliance between smell and taste being close, we may naturally expect a class of acts which arise from tast ing, parallel to the class of acts which smelling originates; and the expectation is fulfilled. Obviously the billing of doves or pigeons and the like action of love-birds, indicates CEREMONY IN GENERAL. 17 an affection which is gratified by the gustatory sensation. No act of this kind on the part of an inferior creature, as of a cow licking her calf, can have any other origin than the direct prompting of a desire which gains by the act satis faction; and in such a case the satisfaction is that which vivid perception of offspring gives to the maternal yearning. In some animals like acts arise from other forms of affection. Licking the hand, or, where it is accessible, the face, is a common display of attachment on a dog's part; arid when we remember how keen must be the olfactory sense by which a dog traces his master, we cannot doubt that to his gustatory sense, too, there is yielded some impression — an impression associated with those pleasures of affection which his master's presence gives. The inference that kissing, as a mark of fondness in the human race, has a kindred origin, is sufficiently probable. Though kissing is not universal — though the Negro races do not understand it, and though, as we have seen, there are cases in which sniff ing replaces it — yet, being common to unlike and widely- dispersed peoples, we may conclude that it originated in the same manner as the analogous action among lower creatures. Here, however, we are chiefly concerned to observe the indirect result. From kissing as a natural sign of affection, there is derived the kissing which, as a means of simulating affection, gratifies those who are kissed; and, by gratifying them, propitiates them. Hence an obvious root for the kissing of feet, hands, garments, as a part of cere monial. Feeling, sensational or emotional, causes muscular con tractions, which are strong in proportion as it is intense; and, among other feelings, those of love and liking have an effect of this kind, which takes on its appropriate form. The most significant of the actions hence originating is not much displayed by inferior creatures, because their limbs are unfitted for prehension; but in the human race its natural genesis is sufficiently manifest. Mentioning a mother's IS CEREMONIAL INSTITUTIONS. embrace of her child, will remind all that the strength of the embrace (unless restrained to prevent mischief) measures the strength of the feeling; and while reminded that the feeling thus naturally vents itself in muscular actions, they may further see that these actions are directed in such wavs as to give satisfaction to the feeling by yield ing a vivid consciousness of possession. That between adults allied emotions originate like acts, scarcely needs add ing. It is not so much these facts, however, as the derived facts, which we have to take note of. Here is an other root for a ceremony: an embrace, too, serving to ex press liking, serves to propitiate in cases where it is not nega tived by those observances which subjection entails. It occurs where governmental subordination is but little devel oped. Of some Snake Indians we read, " the three men immediately leaped from their horses, came up to Captain Lc\vis, and embraced him with great cordiality." Marcy tells of a Comanche that, " seizing me in his brawny arms while we were yet in the saddle, and laying his greasy head upon my shoulder, lie inflicted upon me a most bruin-like squeeze." And Snow says, the Fuegiaii " friendly mode of salutation was anything but agreeable. The men came and hugged me, very much like the grip of a bear." Discharging itself in muscular actions which, in cases like the foregoing, are directed to an end, feeling in other cases discharges itself in undirected muscular actions. The resulting changes are habitually, rhythmical. Each con siderable movement of a limb brings it to a position at which a counter-movement is easy; both because the muscles pro ducing the counter-movement are then in the best positions lor contraction, and because they have had a brief rest. Hence the naturalness of striking the hands together or against other parts. We see this as a spontaneous manifesta tion of pleasure among children; and we find it giving ori gin to a ceremony among the uncivilized. Clapping of the hands is " the highest mark of respect " in Loango; and it CEREMONY IN GENERAL. 19 occurs with kindred meaning among the Coast Negroes, the East Africans, the Dahomans. Joined with other acts expressing welcome, the people of Batoka " slap the out- sides of their thighs; " the Balonda people, besides clapping their hands, sometimes " in saluting, drum their ribs with their elbows; " while in Dahomey, and some kingdoms on the Coast, snapping the fingers is one of the salutes. Rhythmical muscular motions of the arms and hands, thus expressing pleasure, real or pretended, in presence of an other person, are not the only motions of this class : the legs come into play. Children often "jump for joy;" and occasionally adults may be seen to do the like. Saltatory movements are therefore apt to grow into compliments. In Loango " many of the nobility salute the king by leaping with great strides backward and forward two or three times and swinging their arms." The Fuegians also, as the United States explorers tell us, show friendship " by jump ing up and down." * Feeling, discharging itself, contracts the muscles of the vocal organs, as well as other muscles. Here shouts, in dicating joy in general, indicate the joy produced by meet ing one who is beloved; and serve to give the appearance of joy before one whose goodwill is sought. Among the Fiji- ans, respect is " indicated by the tama* which is a shout of reverence uttered by inferiors when approaching a chief or chief town." In Australia, as we have seen, loud cooeys are made on coming within a mile of an encampment * In his Early History of Mankind (2nd cd. pp. 51-2), Mr. Tylor thus com ments on such observances : — " The lowest class of salutations, which merely aim at giving pleasant bodily sensations, merge into the civilities which we sec exchanged among the lower animals. Such are patting, stroking, kissing, pressing noses, blowing, sniffing, and so forth. . . . Natural expressions of joy, such as clapping hands in Africa, and jumping up and down in Tierra del Fuego, are made to do duty as signs of friendship or greeting." But, as in dicated above, to give " pleasant bodily sensations " is not the aim of " the lowest class of salutations." Mr. Tylor has missed the physio-psychological sources of the acts which initiate them. 20 CEREMONIAL INSTITUTIONS. —an act which, while primarily indicating pleasure at the coining reunion, further indicates those friendly intentions which a silent approach would render doubtful. One more example may be named. Tears result from strong feeling — mostly from painful feeling, but also from pleasurable feeling when extreme. Hence, as a sign of joy, weeping occasionally passes into a complimentary observ ance. The beginning of such an observance is shown us bv Hebrew traditions in the reception of Tobias by Kaguel, when he finds him to be his cousin's son: — " Then Raguel leaped up, and kissed him, and wept." And among some races there grows from this root a social rite. In Xew Zea land a meeting " led to a warm tang-i between the two par ties; but, after sitting opposite to each other for a quarter of an hour or more, crying bitterly, with a most piteous moaning and lamentation, the tangi was transformed into a liungi, and the two old ladies commenced pressing noses, giving occasional satisfactory grunts.'7 And then we find it becoming a public ceremony. On the arrival of a great chief, " the women stood upon a hill, and loud and long was the tangi to welcome his approach; occasionally, however, they would leave off, to have a chat or a laugh, and then mechanically resume their weeping." Other Malayo-Poly- ncsians have a like custom; as have also the Tupis of South America. To these examples of the ways in which natural mani festations of emotion originate ceremonies, may be added a few examples of the ways in which ceremonies not origi nating directly from spontaneous actions, nevertheless orig inate by natural sequence rather than by intentional sym- bolization. Brief indications must suffice. Blood-relationships are formed in Central South Africa between those who imbibe a little of each other's blood. A like way of establishing brotherhood is used in Madagascar, in Borneo, and in many places throughout the world; and it was used among our remote ancestors. This is assumed CEREMONY IN GENERAL. 21 to be a symbolic observance. On studying early ideas, however, and finding that the primitive man regards the nature of anything as inhering in all its parts, and therefore thinks he gets the courage of a brave enemy by eating his heart, or is inspired with the virtues of a deceased relative by grinding his bones and drinking them in water, we see that by absorbing each other's blood, men are supposed to establish actual community of nature. Similarly with the ceremony of exchanging names. "To bestow his name upon a friend is the highest compli ment that one man can offer another," among the Sho- shones. The Australians exchange names with Europeans, in proof of brotherly feeling. This, which is a widely-dif fused practice, arises from the belief that the name is vitally connected with its owner. Possessing a man's name is equivalent to possessing a portion of his being, and enables the possessor to work mischief to him; and hence among numerous peoples a reason for concealing names. To ex change names, therefore, is to establish some participation in one another's being; and at the same time to trust each with power over the other: implying great mutual confi dence. It is a usage among the people of ^ate, " when they wish to make peace, to kill one or more of their own people, and send the body to those with whom they have been fighting to eat; " and in Samoa, " it is the custom on the submission of one party to another, to bow down before their conquerors each with a piece of firewood and a bundle of leaves, such as are used in dressing a pig for the oven [bamboo-knives being sometimes added] ; as much as to say — ' Kill us and cook us, if you please.' ' These facts I name because they show a point of departure from which might arise an appar ently-artificial ceremony. Let the traditions of cannibalism among the Samoans disappear, and this surviving custom of presenting firewood, leaves, and knives, as a sign of sub mission, would, in pursuance of the ordinary method of in- 60 22 CEREMONIAL INSTITUTIONS. terpretation, be taken for an observance arbitrarily fixed upon. The facts that peace is signified among the Dacotahs by burying the tomahawk and among the Brazilians by a present of bows and arrows, may be cited as illustrating what is in a sense symbolization, but what is in origin a modi fication of the proceeding symbolized; for cessation of fight ing is necessitated by putting away weapons, or by giving weapons to an antagonist. If, as among the civilized, a conquered enemy delivers up his sword, the act of so mak ing himself defenceless is an act of personal submission; but eventually it conies to be, on the part of a general, a sign that his army surrenders. Similarly, when, as in parts of Africa, "' some of the free blacks become slaves volunta rily by going through the simple but significant ceremony of breaking a spear in the presence of their future master," we may properly say that the relation thus artificially estab lished, is as near an approach as may be to the relation es tablished when a foe whose weapon is broken is made a slave by his captor: the symbolic transaction simulates the actual transaction. An instructive example comes next. I refer to the bearing of green boughs as a sign of peace, as an act of pro pitiation, and as a religious ceremony. As indicating peace the custom occurs among the1 Araucanians, Australians, Tasmauians, 7s"cw Guinea People, Xew Caledonians, Sand wich Islanders, Tahitians, Samoans, Xew Zealanders; and brandies were used by the Hebrews also for propitiatory approach (II. Mace. xiv. 4). In some cases we find them employed to signify not peace only but submission. Speak ing of the Peruvians, Cieza says — " The men and boys came out with green boughs and palm-leaves to seek for mercy; " and among the Greeks, too, a suppliant carried an olive branch. Wall-paintings left by the ancient Egyptians show us palm-branches carried in funeral processions to pro pitiate the dead; and at the present time " a wreath of palm- CEREMONY IN GENERAL. 23 branches stuck in the grave " is common in a Moslem ceme tery in Egypt. A statement of Wallis respecting the Ta- hitians shows presentation of these parts of trees passing into a religions observance: a pendant left flying on the beach the natives regarded with fear, bringing green boughs and hogs, which they laid down at the foot of the staff. And that portion of a tree was anciently an appliance of worship in the East, is shown by the direction in Lev. xxiii. 40, to take the " boughs of goodly trees, branches of palm-trees," and " rejoice before the Lord: " a verification being furnished by the description of the chosen in heaven, who stand before the throne with " palms in their hands." The explanation, when we get the clue, is simple. Travellers' narratives illustrate the fact that laying down weapons on approaching strangers is taken to imply pacific intentions. Obviously the reason is that opposite intentions are thus negatived. Of the Kaffirs, for instance, Barrow says — u ' a messenger of peace ' is known by this people from his laying down his hassagai or spear on the ground at the distance of two hundred paces from those to whom lie is sent, and by advancing from thence with extended arms: " the extension of the arms evidently having the purpose of showing that he has no weapon secreted. But how is the absence of weapons to be shown when so far off that weapons, if carried, are invis ible? Simply by carrying other things which are visible; and boughs covered with leaves are the most convenient and generally available things for this purpose. Good evidence is at hand. The Tasmanians had a way of deceiv ing those who inferred from the green boughs in their hands that they were weaponless. They practised the art of hold ing their spears between their toes as they walked: "the black . . . approaching him in pretended amity, trailed between his toes the fatal spear." Arbitrary, then, as this usage seems when observed in its later forms only, we find it by no means arbitrary when traced back to its origin. 2± CEREMONIAL INSTITUTIONS. Taken as proof that the advancing stranger is without arms, the green bough is primarily a sign that he is not an enemy. It is thereafter joined with other marks of friendship. It survives when propitiation passes into submission. And so it becomes incorporated with various other actions which express reverence and worship. One more instance I must add, because it clearly shows how there grow up interpretations of ceremonies as arti ficially-devised actions, when their natural origins are un known. At Arab marriages, Baker says, " there is much feasting, and the unfortunate bridegroom undergoes the ordeal of whipping by the relations of his bride, in order to test his courage. ... If the happy husband wishes to be considered a man worth having, he must receive the chas tisement with an expression of enjoyment; in which case the crowds of women in admiration again raise their thrill ing cry." Here, instead of the primitive abduction violent ly resisted by the woman and her relatives — instead of the actual capture required to be achieved, as among the Kamt- schadales, spite of the blows and wounds inflicted by " all the women in the village " —instead of those modifications of the k form of capture ' in which, along with mock pur suit, there goes receipt by the abductor of more or less vio lence from the pursuers; we have a modification in which pursuit has disappeared, and the violence is passively re ceived. And then there arises the belief that this castiga- linn of the bridegroom is a deliberately-chosen way to u test his courage." These facts are not given as adequately proving that in all cases ceremonies are modifications of actions which had at iirst direct adaptations to desired ends, and that their apparently symbolic characters result from their survival under changed circumstances. Here I have aimed only to indicate, in the briefest way, the reasons for rejecting the current, hypothesis that ceremonies originate in conscious symbolization ; and for entertaining the belief that in every CEREMONY IN GENERAL. 25 case they originate by evolution. This belief we shall here after find abundantly justified. § 347. A chief reason why little attention has been paid to phenomena of this class, all-pervading and conspicuous though they are, is that while to most social functions there correspond structures too large to be overlooked, functions which make up ceremonial control have correlative struc tures so small as to seem of no significance. That the gov ernment of observances has its organization, just as the po litical and ecclesiastical governments have, is a fact habitu ally passed over, because, while the last two organizations have developed the first has dwindled: in those societies, at least, which have reached the stage at which social phenomena become subjects of speculation. Originally, however, the officials who direct the rites expressing politi cal subordination have an importance second only to that of the officials who direct religious rites; and the two officialisms are homologous. To whichever class belong ing, these functionaries conduct propitiatory acts: the visi ble ruler being the propitiated person in the one case, and the ruler no longer visible being the propitiated person in the other case. Both are performers and regulators of wor ship — worship of the living king and worship of the dead king. In our advanced stage the differentiation of the divine from the human has become so great that this propo sition looks scarcely credible. But on going back through stages in which the attributes of the conceived deity are less and less unlike those of the visible man, and eventually reaching the early stage in which the other-self of the dead man, considered indiscriminately as ghost and god, is not to be distinguished, when he appears, from the living man; we cannot fail to see the alliance in nature between the functions of those who minister to the ruler who has gone away and those who minister to the ruler who has taken his place. What remaining strangeness there may seem in 26 CEREMONIAL INSTITUTIONS. this assertion of limnology disappears on remembering that in sundry ancient societies living kings were literally wor shipped as dead kings were. Social organisms that are but little differentiated clearly show us several aspects of this kinship. The savage chief proclaims his own great deeds and the achievements of his ancestors; and that in some cases this habit of self-praise long persists, Egyptian and Assyrian inscriptions prove. Among the Patagonians we see a transition beginning. A ruler haranguing his subjects, " always extols his own prow ess and personal merit. When he is eloquent, he is greatly esteemed; and when a cacique is not endowed with that accomplishment, ho generally has an orator, who supplies his place." Permanent advance from the stage at which the head man lauds himself, to the stage at which laudation of him is done by deputy, is well typified in the contrast between the recent usage in Madagascar, where the king in public assembly was in the habit of relating " his origin, his descent from the line of former sovereigns, and his in contestable right to the kingdom," and the- usage that ex isted in past times among ourselves, when the like distinc tions and claims of the king were publicly asserted for him by an appointed officer. As the ruler, extending his domin ions and growing in power, gathers round him more numer ous agents, the utterance of propitiatory praises, at first by all of these, becomes eventually distinctive of certain among them: there arise official glorifiers. " In Samoa, a chief in travelling is attended by his principal orator." In Fiji each tribe has its " orator, to make orations on occasions of ceremony." The attendants of the chiefs in Ashantee eagerly vociferate the " strong names" of their masters; and a recent writer describes certain of the king's attendants whose duty it is to " give him names " — cry out his titles and high qualities. In kindred fashion a Yoruba king, when he goes abroad, is accompanied by his wives, who sing his praises. Xow when we meet with facts of this kind — when CEREMONY IN GENERAL. 27 we read that in Madagascar " the sovereign lias a large band of female singers, who attend in the courtyard, and who ac company their monarch whenever he takes an excursion, either for a short airing or distant journey; " when we are told that in China " his imperial majesty was preceded by persons loudly proclaiming his virtues and his power; " when we learn that among the ancient Chibchas the bogota was received with " songs in which they sung his deeds and victories; " we cannot deny that these assertors of greatness and singers of praises do for the living king exactly that which priests and priestesses do for the dead king, and for the god who evolves from the dead king. In societies that have their ceremonial governments largely developed, the homology is further shown. As such societies ordina rily have many gods of various powers, severally served by their official glorifiers; so they have various grades of living potentates, severally served by man who as sert their greatness and demand respect. In Samoa, " a herald runs a few paces before, calling out, as he meets any one, the name of the chief who is coming." "With a Madagascar chief in his palanquin, " one or two men with assagais, or spears, in their hands, ran along in front shouting out the name of the chief." In advance of an ambassador in Japan there " first walked four men with brooms such as always precede the retinue of a great lord, in order to admonish the people with cries of i Stay, stay! ' which means, l Sit, or bow you down.' ' In China a magistrate making a progress is preceded by men bearing "red boards having the rank of the officer painted on them, running and shouting to the street passengers, ' Retire, re tire! keep silence, and clear the way! ' Gong-strikers fol low, denoting at certain intervals by so many strokes their master's grade and office." And in ancient Rome men of rank had their anteambulones whose cry was " Give place * Mr. Ernest Satow, writing from Japan to suggest some corrections, says this cry should be "shita ni, shita ra, Down! Down! (i.e. on your knees)." 28 CEREMONIAL INSTITUTIONS. to my lord." Another parallelism exists between the official who proclaims the king's will and the official who proclaims the will of the deity. In many places where regal power is extreme, the monarch is either invisible or cannot be directly communicated with : the living ruler thus simulating the dead and divine ruler, and requiring kindred intermediators. It was thus among the ancient Assyrians. Their monarch could be spoken to only through the Vizier or the chief eunuch. It was thus in ancient Mexico. Of Montezuma II. it is said that " no commoner was to look him in the face, and if one did, he died for it; " and further, that he did not communicate with any one, " except by an interpreter." In Nicaragua the caciques " earned their exclusion so far as to receive messages from other chiefs only through officers delegated for that purpose." So of Peru, where some of the rulers " had the custom not to be seen by their subjects but on rare occasions/7 we read that at the first interview with the Spaniards, " Atahuallpa gave no answer, nor did he even raise his eyes to look at the cap tain (Ilernando de Soto). But a chief replied to what the captain had said." With the Chibchas " the first of the court officers was the crier, as they said that he was the medium by which the will of the prince was explained." Throughout Africa at the present time it is the same. " In conversation with the King of Uganda, the words must always be transmitted through one or more of his officers." In Dahomey, "the sovereign's words are spoken to the men, who informs the interpreter, who passes it on to the visitor, and the answer must trickle back through the same chan nels." And, concerning Abyssinia, where even the chiefs sit in their houses in darkness, so " that vulgar eyes may not gaze too plainly upon " them, we are told the king was not seen when sitting in council, but " sat in a darkened room," and " observed through a window what was going on in the chamber without; " and also that he had " an interpreter, who was the medium of communication between CEREMONY IN GENERAL. 29 the king and his people on state occasions; his name meant the voice or word of the king." I may add that this parallelism between the secular and sacred agents of communication is in some cases recognized by peoples whose institutions display it. The New Zealand priests are re garded as the " ambassadors of the gods;" and the title " messengers of the gods " is borne by the officers of the temple of Tensio dai Sin, the chief deity of the Japa nese. There is a further evidence of this homology. Where, along with social development considerably advanced, ancestor-worship has remained dominant, and where gods and men are consequently but little differentiated, the two organizations are but little differentiated. In ancient Egypt " it was the priesthood, directing the ceremonial of court-life, who exacted . . . that the king (belonging to their order) did not receive any one who failed to follow their laws of purity." China furnishes a good instance. " The Chinese emperors are in the habit of deifying . . . civil or military officers, whose life has been characterized by some memorable act, and the worship rendered to these constitute the official religion of the mandarins." Further, the emperor " confers various titles on officers who have left the world, and shown themselves worthy of the high trust reposed in them, creating them governors, presidents, overseers, &c., in Hades." And then we learn that one department of the Li pu, or Board of Kites, regulates the etiquette to be observed at court, the dresses, carriages and riding accoutrements, the followers and insignia; while another department superintends the rites to be observed in worshipping deities and spirits of departed monarchs, sages, and worthies, &c. : statements showing that the same board regulates both religious ceremonial and civil ceremonial. To which summarized account I may add this quotation :— " in Court, the master of ceremonies stands in a conspicuous place, and with a loud voice commands the courtiers to 30 CEREMONIAL INSTITUTIONS. rise and kneel, stand or march; " that is, he directs the worshippers of the monarch as a chief priest directs the wor shippers of the god. Equally marked were, until lately, the kindred relations in Japan. With the sac redness of the .'Mikado, and with his god-like inaccessibility, travellers have familiarized us; but the implied confusion between the divine and the human went to a much greater extent. " The Japanese generally are imbued with the idea that their land is a real i shin koku, a kami no kooni' — that is, the land of spiritual beings or kingdom of spirits. They are led to think that the emperor rules over all, and that, among other subordinate powers, he rules over the spirits of the country. He rules over men, and is to them the fountain of honour; and this is not confined to honours in this world, but is extended to the other, where they are advanced from rank to rank by the orders of the emperor." And then we read that under the Japanese cabinet, one of the eight administrative boards, the Ji Bu shio, u deals with the forms of society, manners, etiquette, worship, cere monies for the living and the dead." * Western peoples, among whom during the Christian era differentiation of the divine from the human has become very decided, exhibit in a less marked manner the homology between the ceremonial organization and the ecclesiastical organization. Still it is, or rather was once, clearly trace able. In feudal days, beyond the lord high chamberlains, grand masters of ceremonies, ushers, and so forth, belong ing to royal courts, and the kindred officers found in the households of subordinate rulers and nobles (officers who conducted propitiatory observances), there were the heralds. These formed a class of ceremonial functionaries, in various ways resembling a priesthood. Just, noting as significant the remark of Scott that " so intimate was the union be- * Concerning Dickson's statement, here quoted, Mr. Ernest Satow writes that this board (long since extinct) was double. 'The differentiation in the functions of its divisions was but partial however ; for while one regulated the propitiation of the gods, the other, beside regulating secular propitiations, per formed propitiations of the dead Mikados, who were gods. CEREMONY IN GENERAL. 31 twixt chivalry and religion esteemed to be, that the sev eral gradations of the former were seriously considered as parallel to those of the Church," I go on to point ont that these officers pertaining to the institution of chivalry, formed a body which, where it was highly organized, as in France, had five ranks — chevaucheur^poursuivantd'armes^ heraut cParmes, roi d'armes, and roi cTarmes de France. Into these ranks successively, its members were initiated by a species of baptism — wine being substituted for water. They held periodic chapters in the church of St. Antoiiie. When bearing mandates and messages, they were similarly dressed with their masters, royal or noble, and were simi larly honoured by those to whom they were sent: having thus a deputed dignity akin to the deputed sacredness of priests. By the chief king-at-arms and five others, local visitations were made for discipline, as ecclesiastical visita tions were made. Heralds verified the titles of those who aspired to the distinctions of chivalry, as priests decided on the fitness of applicants for the sanctions of the Church; and when going their circuits, they wrere to correct " things ill and dishonest," and to advise princes — duties allied to those of priests. Besides announcing the wills of earthly rulers as priests announced the wills of heavenly rulers, they were glorifiers of the first as priests were of the last: part of their duty to those they served being " to pub lish their praises in foreign lands." At the burials of kings and princes, where observances for honouring the liv ing and observances for honouring the dead, came in con tact, the kinship of a herald's function to the function of a priest was again shown; for besides putting in the tomb the insignia of rank of the deceased potentate, and in that manner sacrificing to him, the herald had to write, or get written, a eulogy — had to initiate that worship of the dead out of which grow higher forms of worship. Simi lar, if less elaborate, was the system in England. Heralds wore crowns, had royal dresses, and used the plural 32 CEREMONIAL INSTITUTIONS. " we." Anciently there were two heraldic provinces, with their respective chief heralds, like two dioceses. Fur ther development produced a garter king-at-arms, with pro vincial kings-at-arms presiding over minor heraldic officers; and, in 1-183, all were incorporated into the College of Heralds. As in France, visitations were made for the pur pose of verifying existing titles and honours, and authoriz ing others; and funeral rites were so far under heraldic control that, among the nobility, no one could be buried without the assent of the herald. "Why these structures which discharged ceremonial functions once conspicuous and important, dwindled, while civil and ecclesiastical structures developed, it is easy to see. Propitiation of the living has been, from the outset, neces sarily more localized than propitiation of the dead. The existing ruler can be worshipped only in his presence, or, at any rate, within his dwelling or in its neighbourhood. Though in Porn adoration was paid to images of the living Yncas; and though in Madagascar King Kadama, when absent, had his praises sung in the words — " God is gone to the west, Radama is a mighty bull; " yet, generally, the obeisances and laudations expressing subordination to the great man while alive1, are not made when they cannot be witnessed by him or his immediate dependants. But when the great man dies and there begins the fear of his ghost, conceived as able to reappear anywhere, propitiations are less narrowly localized; and in proportion as, with formation of larger societies, there comes development of deities greater in supposed power and range, dread of them and reverence for them are felt simultaneously over wide areas. Hence the official propitiators, multiplying and spreading, severally carry on their worships in many places at the same time — there arise large bodies of ecclesiastical officials. T^ot for these reasons alone, however, does the ceremonial organization fail to grow as the other or ganizations do. Development of the latter, causes decay of CEREMONY IN GENERAL. 33 the former. During early stages of social integration, local rulers have their local courts with appropriate officers of ceremony; but the process of consolidation and increasing subordination to a central government, results in decreasing dignity of the local rulers, and disappearance of the official upholders of their dignity.. Among ourselves in past times, " dukes, marquises, and earls were allowed a herald and a pursuivant; viscounts, and barons, and others not ennobled, even knights bannerets, might retain one of the latter; " but as the regal power grew, " the practice gradually ceased: there were none so late as Elizabeth's reign." Yet further, the structure carrying on ceremonial control slowly falls away, because its functions are gradually encroached upon. Political and ecclesiasti cal regulations, though at first insisting mainly on conduct expressing obedience to rulers, human and divine, develop more and more in the directions of equitable restraints on conduct between individuals, and ethical precepts for the guidance of such conduct; and in doing this they trench more and more on the sphere of the ceremonial organiza tion. In France, besides having the semi-priestly functions we have noted, the heralds were " judges of the crimes committed by the nobility; " and they were empowered to degrade a transgressing noble, confiscate his goods, raze his dwellings, lay waste his lands, and strip him of his arms. In England, too, certain civil duties were discharged by these officers of ceremony. Till 1G88, the provincial kings-at-arms had " visited their divisions, receiving com- ' missions for that purpose from the Sovereign, by which means the funeral certificates, the descents, and alliances of the nobility and gentry, had been properly registered in this college [of Heralds]. These became records in all the courts at law." Evidently the assumption of functions of these kinds by ecclesiastical and political agents, has joined in reducing the ceremonial structures to those rudiments which now remain in the almost-forgotten Herald's Col- 34 CEREMONIAL INSTITUTIONS. Icgc and in the Court officials who regulate intercourse with the Sovereign. § 348. Before passing to a detailed account of cere monial government under its various aspects, it will be well to sum up the results of this preliminary survey. They are these. That control of conduct which we distinguish as cere mony, precedes the civil and ecclesiastical controls. It begins with sub-human types of creatures; it occurs among otherwise ungoverned savages; it often becomes highly developed where the other kinds of rule are little devel oped; it is ever being spontaneously generated afresh be tween individuals in all societies; and it envelops the more definite restraints which State and Church exercise. The primitiveness of ceremonial regulation is further shown by the fact that at first, political and religious regulations arc little more than systems of ceremony, directed towards particular persons living and dead: the code of law joined with the one, and the moral code joined with the other, coming later. There is again the evidence derived from the possession of certain elements in common by the three controls, social, political, and religious; for the forms ob servable in social intercourse occur also in political and re ligious intercourse as forms of homage and forms of wor ship. ]\Iore significant still is the circumstance that cere monies may mostly be traced back to certain spontaneous acts which manifestly precede legislation, civil and ecclesias tical. Instead of arising by dictation or by agreement, which would imply the pre-established organization re quired for making and enforcing rules, they arise by modi fications of acts performed for personal ends; and so prove themselves to grow out of individual conduct before social arrangements exist to control it. Lastly we note that when Iliere arises a political head, who, demanding subordination, is at first his own master of the ceremonies, and who present- CEREMONY IN GENERAL. 35 ly collects round him attendants whose propitiatory acts are made definite and fixed by repetition, there arise ceremonial officials. Though, along with the growth of organizations which enforce civil laws and enunciate moral precepts, there has been such a decay of the ceremonial organization as to render it among ourselves inconspicuous ; yet in early stages the body of officials who conduct propitiation of living rulers, supreme and subordinate, homologous with the body of officials who conduct propitiation of dead apotheosized rulers, major and minor, is a considerable element of the so cial structure ; and it dwindles only as fast as the structures, political and ecclesiastical, which exercise controls more definite and detailed, usurp its functions. Carrying with us these general conceptions, let us now pass to the several components of ceremonial rule. We will deal with them under the heads — Trophies, Mutilations, Presents, Visits, Obeisances, Forms of Address, Titles, Badges and Costumes, Further Class Distinctions, Fashion, Past and Future of Ceremony. CHAPTER II. TROPHIES. § 349. Efficiency of every kind is a source of self- satisfaction; and proofs of it are prized as bringing applause. The sportsman, rial-rating his feats when opportunity serves, keeps such spoils of the chase as he con veniently can. Is he a fisherman? Then, occasionally, the notches cut on the butt of his rod, show the number and lengths of his salmon; or, in a glass case, there is pre served the great Thames-trout he once caught. Has he stalked deer? Then in his hall, or dining-room, are fixed up their heads; which he greatly esteems when the attached horns have " many points*" Still more, if a successful hun ter of tigers, does he value the skins demonstrating his prowess. Trophies of such kinds, even among ourselves, give to their owner some influence over those around him. .V traveller who has brought from Africa a pair of elephant's tusks, or the formidable horn of a rhinoceros, impresses those who come in contact with him as a man of courage and resource, and, therefore, as one not to be trifled with. A vague' kind of governing power accrues to him. Naturally, by primitive men, whose lives are predatory and whose respective values largely depend on their powers as hunters, animal-trophies are still more prized; and tend, in greater degrees, to bring honour and influence. Hence the fact that rank in Vate is indicated by the nuin- 3G TROPHIES. 37 ber of bones of all kinds suspended in the house. Of the Shoshone warrior we are told that, " killing a grizzly bear also entitles him to this honour, for it is considered a great feat to slay one of these formidable animals, and only he who has performed it is allowed to wear their highest insignia of glory, the feet or claws of the vic tim." " In the house of a powerful chief [of the Mishmis], several hundreds of skulls [of beasts], are hung up along the walls of the passage, and his wealth is always calcu lated according to the number of these trophies, which also form a kind of currency among the tribes." With the Santals " it is customary to hand these trophies [skulls of beasts, etc.] down from father to son." And when, with such facts to give us the clue, we read that the habi tation of the king of the Koossas " is no otherwise distinguished than by the tail of a lion or a panther hang ing from the top of the roof," we can scarcely doubt that this symbol of royalty was originally a trophy dis played by a chief whose prowess had gained him suprem acy. But as, among the uncivilized and semi-civilized, human enemies are more to be feared than beast-enemies, and conquests over men are therefore occasions of greater triumphs than conquests over animals, it results that proofs of such conquests are usually still more valued. A brave who returns from battle does not get honour if his boasts are unsupported by evidence; but if he proves that he has killed his man by bringing back some part of him — especially a part which the corpse could not yield in duplicate — he raises his character in the tribe and increases his power. Preservation of such tro phies with a view to display, and consequent strength ening of personal influence, therefore becomes an estab lished custom. In Ashantec " the smaller joints, bones, and teeth of the slain are worn by the victors about their persons." Among the Ceris and Opatas of North Mexico, 61 33 CEREMONIAL INSTITUTIONS. kk many cook and cat the flesh of their captives, reserving tlic bones as trophies.'7 And another Mexican race, " the Chichimecs, carried with them a bone on which, when they killed an enemy, they marked a notch, as a record of the number each had slain.'7 The meaning of trophy-taking and its social effects, be ing recognized, let us consider in groups the various forms of it. § '350. Of parts cut from the bodies of the slain, heads are among the commonest; probably as being the most unmistakable proofs of victory. AYe need not go far afield for examples of the practice and its motives. The most familiar of Looks contains them. In Judges vii. 25, AVC read — " And they took two princes of the Midianitcs, Oreb and Zeeb: and they slew Oreb upon the rock Orel), and Zeeb they slew at the wine-press of Zeeb, and pursued Midian, and brought the heads of Oreb and Zeeb to Gideon on the other side Jordan." Similarly, the decapitation of Goliath by David was followed by carrying his head to Jerusalem. The practice existed in Egypt too. At Abou Simbel, Rameses II., is represented as holding a bunch of a dozen heads. And if, by races so superior, heads were taken home as trophies, we shall not wonder at finding the cus tom of thus taking them among inferior races all over the globe. By the Ghichimecs in Xorth America " the heads of the slain were placed on poles and paraded through their villages in token of victory, the inhabitants meanwhile dancing round them." In South America, by the Abipones, heads arc brought back from battle " tied to their saddles;" and the Mundrucus " ornament their rude and miserable cabanas with these horrible trophies." Of Malayo-Polynesians having a like habit, may be named the "NTew Zealanders. Skulls of enemies are preserved as trophies by the natives on the Congo; and " the skull and TROPHIES. 39 thigh bones of the last monarch of Dinkira are still tro phies of the court of Ashantee." Among the Hill-tribes of India, the Kukis have this practice. In Persia, under the stimulus of money payments, " prisoners [of war] have been put to death in cold blood, in order that the heads, which are immediately dispatched to the king, . . might make a more considerable show." And that among other Asiatic races head-taking persists spite of semi-civilization, we are reminded by the recent doings of the Turks; who have, in some cases, exhumed the bodies of slain foes and decapitated them. The last instance draws attention to the fact that this barbarous custom has been, and is, carried to the greatest extremes along with militancy the most excessive. Among ancient examples there are the doings of Timour, with his exaction of ninety thousand heads from Bagdad. Of modern examples the most notable comes from Dahomey. " The sleeping apartment of a Dahoman king was paved with skulls of neighbouring princes and chiefs, placed there that the king might tread upon them." An.d the king's statement " that his house wanted thatch," was " used in giving orders to his generals to make war, and alludes to the custom of placing the heads of the enemies killed in battle, or those of the prisoners of distinction, on the roofs of the guard-houses at the gates of his palaces." But now, ending instances, let us observe how this tak ing of heads as trophies initiates a means of strengthening political power; how it becomes a factor in sacrificial cere monies; and how it enters into social intercourse as a con trolling influence. That the pyramids and towers of heads built by Timour at Bagdad and Aleppo, must have conduced to his supremacy by striking terror into the subjugated, as well as by exciting dread of vengeance for insubordina tion among his followers, cannot be doubted; and that living in a dwelling paved and decorated with skulls, 40 CEREMONIAL INSTITUTIONS. implies, in a Dahoman king, a character generating fear among enemies and obedience among subjects, is obvious. In Northern Celebes, where, before 1822, " human skulls were the great ornaments of the chiefs' houses," these proofs of victory in battle, used as symbols of authority, could not fail to exercise a governmental effect. And that they do this we have definite proof in the fact that among the Mundrucus, the possession of ten smoke-dried heads of enemies renders a man eligible to the rank of chief. That heads are offered in propitiation of the dead, and that the ceremony of offering them is thus made part of a quasi-worship, there are clear proofs. One is supplied by the Celebes people just named. '* When a chief died his tomb must be adorned with two fresh human heads, and if those of enemies could not be obtained, slaves were killed for the occasion." Among the Dyaks, who, though in many respects advanced, have retained this barbarous prac tice sanctified by tradition, it is the same: " the aged war rior could not rest in his grave till his relatives had taken a head in his name." By the TCukis of Northern India sacrificial head-taking is earned still further. Making raids into the plains to procure heads, they " have been known in one night to carry off fifty. These are used in certain ceremonies performed at the funerals of the chiefs, and it is always after the death of one of their Rajahs that these incursions occur." That the possession of these grisly tokens of success gives an influence in social intercourse, proof is yielded by the following passage from St. John: — "Head-hunting is not so much a religious ceremony among the Pakatans, Borneo, as merely to show their bravery and manliness. When they quarrel, it is a constant phrase — ' How many hojtds did your father or grandfather get?' If less than his own number — ' Well then, you have no occasion to be proud.' " TROPHIES. 41 § 351. The head of an enemy is of inconvenient bulk; and when the journey home is long there arises the question — cannot proof that an enemy has been killed be given by carrying back a part only? In some places the savage in fers that it can, and acts on the inference. This modification and its meaning are well shown in Ashantee, where " the general in command sends to the capi tal the jaw-bones of the slain enemies/' When first found, the Tahitians, too, displayed in triumph their dead foes' jaw-bones; and Cook saw fifteen of them fastened up at the end of a house. Similarly of Yate, where " the greater the chief, the greater the display of bones," we read that if a slain enemy was " one who spoke ill of the chief, his jaws are hung up in the chief's house as a trophy: " a tacit threat to others who vilified him. A recent account of another Papuan race inhabiting Boigu, on the coast of Kew Guinea, further illustrates the practice, and also its social effect. Mr. Stone writes : — " By nature these people are bloody and warlike among themselves, frequently making raids to the ' Big Land,' and returning in triumph with the heads and jaw bones of their slaughtered victims, the latter becoming the property of the murderer, and the former of him who de capitates the body. The jawbone is consequently held as the most valued trophy, and the more a man possesses, the greater he becomes in the eyes of his fellow-men." Add that in South America some tribes of Tupis, in honouring a victorious warrior, " hung the mouth [of his victim] upon his arm like a bracelet." With the display of jaws as trophies, there may be named a kindred use of teeth. America furnishes instances. The Caribs " strung together the teeth of such of their enemies as they had slain in battle, and wore them on their legs and arms." The Tupis, after devouring a captive, preserved " the teeth strung in necklaces." The Moxos women wore " a necklace made of the teeth of enemies killed by their husbands in battle." The Central Americans made an im- 42 CEREMONIAL INSTITUTIONS. age, " and in its mouth were inserted teeth taken from the Spaniards whom they had killed." Other parts of the head, easily detached and carried, also serve. AY here many enemies are slain, the collected ears yield in small bulk a means of counting; and probably Zengis Khan had this end in view when, in Poland, he " filled nine sacks with the right ears of the slain." J^oses, again, are in some cases chosen as easily enumerated tro phies. Anciently, by Constantino A7., " a plate of noses was accepted as a grateful offering; " and, at the present time, the noses they have taken are carried by soldiers to their leaders in Montenegro. That the slain Turks thus deprived of their noses, even to the extent of five hundred on one battle-field, were so treated in retaliation for the decapitations the Turks had been guilty of, is true; but this excuse does not alter the fact " that the Montenegrin chiefs could not be persuaded to give up the practice of pay ing their clansmen for the number of noses produced." § 352. The ancient Mexicans, having for gods their dei fied cannibal ancestors, in whose worship the most horrible rites were daily performed, in some cases took as trophies the entire skins of the vanquished. " The first prisoner made in a war was flayed alive. The soldier who had cap tured him dressed himself in his bleeding skin, and thus, for some days, served the god of battles. . . . He who was dressed in the skin walked from one temple to another; men and women followed him, shouting for joy." AAThile we here see that the trophy was taken primarily as a proof of the victor's prowess, we are also shown how there resulted a religious ceremony: the trophy was displayed for the sup posed gratification of deities delighting in bloodshed. There is further evidence that this was the intention. " At the festival of the goldsmiths' god Totec, one of the priests put on the skin of a captive, and being so dressed, he was the image of that god Totec." Xebel (pi. 3, fig. 1) gives TROPHIES. 43 the basalt figure of a priest (or idol) clothed in a human skin; and additional evidence is yielded by a custom in the neighbouring state of Yucatan, where " the bodies were thrown down the steps, flayed, the priest put on the skins, and danced, and the body was buried in the yard of the temple. " Usually, however, the skin-trophy is relatively small : the requirement being simply that it shall be one of which the body yields no duplicate. The origin of it is well shown by the following description of a practice among the Abipones. They preserve the heads of enemies, and 11 When apprehension of approaching hostilities obliges them to remove to places of greater security, they strip the heads of the skin, cutting it from ear to ear beneath the nose, and dexterously pulling it off along with the hair. . . . That Abipon who has most of these skins at home, excels the rest in military renown." Evidently, however, the whole skin is not needful to prove previous possession of a head. The part covering the crown, distinguished from other parts by the arrangement of its hairs, serves the purpose. Hence is suggested scalp ing. Tales of Indian life have so far familiarized us with this custom that examples are needless. But one piece of evidence, supplied by the Shoshones, may be named; be cause it clearly shows the use of the trophy as an accepted evidence of victory — a kind of legal proof regarded as alone conclusive. We read that "Taking an enemy's scalp is an honour quite independent of the act of vanquishing him. To kill your adversary is of no importance unless the scalp is brought from the field of battle, and were a war rior to slay any number of his enemies in action, and others were to obtain the scalps, or first touch the dead, they would have all the honours, since they have borne off the trophy." Though we usually think of scalp-taking in connexion with the North American Indians, yet it is not restricted to them. Herodotus describes the Scythians as scalping their con quered enemies; and at the present time the Nagas of the Indian hills take scalps and preserve them. 44 CEREMONIAL INSTITUTIONS. Preservation of hair alone, as a trophy, is less general; doubtless because the evidence of victory which it yields is inconclusive: one head might supply hair for two trophies. Still there are cases in which an enemy's hair is displayed in proof of success in war. Speaking of a Xaga, Grange says his shield " was covered over with the hair of the foes he had killed." The tunic of a Mandan chief is described as " fringed with locks of hair taken by his own hand from the heads of his enemies." And we read of the Cochimis that " at certain festivals their sorcerers . . . wore long robes of skin, ornamented with human hair." §353. Among easily-transported parts carried home to prove victory, may next be named hands and feet. By the Mexican tribes, Ceris and Opatas, " the slain are scalped, or a hand is cut off, and a dance performed round the trophies on the field of battle." So, too, of the California Indians, who also took scalps, we are told that " the yet more bar barous habit of cutting off the hands, feet, or head of a fallen enemy, as trophies of victory, prevailed more widely. They also plucked out and carefully preserved the eyes of the slain." Though this is not said, we may assume that either the right or the left foot or hand was the trophy; since, in the absence of any distinction, victory over two enemies in stead of one might be alleged. In one case, indeed, I find the distinction noted. " The right hands of the slain were hung up by both parties [of hostile Khonds] on the trees of the villages." Hands were trophies among ancient peo ples of the old world also. The inscription on a tomb at El Kab in Upper Egypt, tells how Aahmes, the son of Abuna, the chief of the steersmen, " when he had won a hand [in battle], he received the king's commendation, and the golden necklace in token of his bravery; " and a wall-paint ing in the temple of Medinet Abou at Thebes, shows the presentation of a heap of hands to the king. This last instance introduces us to vet another kind of TROPHIES. 45 trophy. Along with the heap of hands thus laid before the king, there is represented a phallic heap; and an accom panying inscription, narrating the victory of Meneptah I. over the Libyans, besides mentioning the " cut hands of all their auxiliaries/7 as being carried on donkeys following the returning army, mentions these other trophies as taken from men of the Libyan nation. And here a natural tran sition brings us to trophies of an allied kind, the taking of which, once common, has continued in the neighbourhood of Egypt down to modern times. The great significance of the account Bruce gives of a practice among the Abys- sinians, must be my excuse for quoting part of it. He says :— ' ' At the end of a day of battle, each chief is obliged to sit at the door of his tent, and each of his followers who has slain a man, pre sents himself in his turn, armed as in fight, with the bloody foreskin of the man he has slain. ... If he has killed more than one man, so many more times he returns. . . . After this ceremony is over, each man takes his bloody conquest, and retires to prepare it in the same manner the Indians do their scalps. . . . The whole army ... on a particular day of review, throws them before the king, and leaves them at the gate of the palace." Here it is noteworthy that the trophy, first serving to dem onstrate a victory gained by the individual warrior, is subsequently made an offering to the ruler, and further be comes a means of recording the number slain : facts verified by the more recent French traveller (THericourt. That like purposes were similarly served among the Hebrews, proof is yielded by the passage which narrates Saul's en deavour to betray David when offering him Michal to wife : — " And Saul said, Thus shall ye say to David, The king de- sireth not any dowry, but an hundred foreskins of the Philistines, to be avenged of the king's enemies; " and David " slew of the Philistines two hundred men; and David brought their foreskins, and gave them in full tale to the king." 46 CEREMONIAL INSTITUTIONS. § 354. Associated with the direct motive for taking trophies there is an indirect motive, which probably aids considerably in developing the custom. AVheii treating of primitive ideas, we saw that the imanalytical mind of the savage thinks the qualities of any object beside in all its parts; and that, among others, the qualities of human be ings are thus conceived by him. From this we found there arise such customs as swallowing parts of the bodies of dead relatives, or their ground bones in water, with the view of inheriting their virtues; devouring the heart of a slain brave to gain his courage, or his eyes in the expectation of seeing further; avoiding the flesh of certain timid ani mals, lest their timidity should be acquired. A further implication of this belief that the spirit of each per son is diffused throughout him, is, that possession of a part of his body gives possession of a part of his spirit, and, consequently, a power over his spirit: one corollary being that anything done to a preserved part of a corpse is done to the corresponding part of the ghost; and that thus a ghost may be coerced by maltreating a relic. Hence, as before pointed out (§ 133), the origin of sorcery; hence the rat tle of dead men's bones so prevalent with primitive medi cine-men; hence " the powder ground from the bones of the dead " used by the Peruvian necromancers; hence the por tions of corpses which our own traditions of witchcraft name as used in composing charms. Besides proving victory over an enemy, the trophy there fore serves for the subjugation of his ghost; and that pos session of it is, at any rate in some cases, supposed to make his ghost a slave, we have good evidence. The primitive belief everywhere found, that the doubles of men and animals slain at the grave, accompany the double of the deceased, to serve him in the other world — the belief which leads here to the immolation of wives, wdio are to manage the future household of the departed, there to the sacrifice of horses needed to carry him on his journey after death, TROPHIES. 47 and elsewhere to the killing of dogs as guides; is a belief which, in many places, initiates the kindred belief that, by placing portions of bodies on his tomb, the men and animals they belonged to are made subject to the deceased. We are shown this by the bones of cattle, &c., with which graves are in many cases decorated; by the placing on graves the heads of enemies or slaves, as above indicated; and by a like use of the scalp. Concerning the Osages, Mr. Tylor cites the fact that they sometimes " plant on the cairn raised over a corpse a pole with an enemy's scalp hanging to the top. Their notion was that by taking an enemy and sus pending his scalp over the grave of a deceased friend, the spirit of the victim became subjected to the spirit of the buried warrior in the land of spirits." The Ojibways have a like practice, of which a like idea is probably the cause. § 355. A collateral development of trophy-taking, which, eventually has a share in governmental regulation, must not be forgotten. I refer to the display of parts of the bod ies of criminals. In our more advanced minds the enemy, the criminal, and the slave, are well discriminated; but they are little discriminated by the primitive man. Almost or quite devoid as he is of the feelings and ideas we call moral — holding by force whatever he owns, wresting from a weaker man the woman or other object he has possession of, killing his own child without hesitation if it is an incum- brance, or his wife if she offends him, and sometimes proud of being a recognized killer of his fellow-tribesmen; the savage has no distinct ideas of right and wrong in the abstract. The immediate pleasures or pains they give are his sole reasons for classing things and acts as good or bad. Hence hostility, and the injuries he suffers from it, excite in him the same feeling whether the aggressor is without the tribe or within it: the enemy and the felon are undistinguished. This confusion, now seeming 48 CEREMONIAL INSTITUTIONS. strange to us, we shall understand better on remembering that even in early stages of civilized nations, the family- groups which formed the units of the national group, were in large measure independent communities, standing to one another on terms much like those on which the nation stood to other nations. They had their small blood-feuds as the nation had its great blood-feuds. Each family-group was responsible to other family-groups for the acts of its members, as each nation to other nations for the acts of its citizens. Vengeance was taken on innocent members of a sinning family, as vengeance was taken on innocent citizens of a sinning nation. And thus in various ways the inter-family aggressor (answering to the modern criminal), stood in a like relative position with the inter-national aggressor. Hence the naturalness of the fact that he was similarly treated. Already we have seen how, in medieval days, the heads of destroyed family-enemies (mur derers of its members or stealers of its property) were ex hibited as trophies. And since Strabo, writing of the Gauls and other northern peoples, says that the heads of foes slain in battle were brought back and sometimes nailed to the chief door of the house, while, up to the time of the Salic law, the heads of slain private foes were fixed on stakes in front of it ; we have evidence that identification of the pub lic and the private foe was associated with the practice of taking trophies from them both. A kindred alliance is traceable in the usages of the Jews. Along with the slain ISTicanor's head, Judas orders that his hand be cut off; and he brings both with him to Jerusalem as trophies: the hand being that which he had stretched out in blasphemous boasts. And this treatment of the transgressor who is an alien, is paralleled in the treatment of non-alien transgress ors by David, who, besides hanging up the corpses of the men who had slain Ishbosheth, " cut off their hands and their feet." It may, then, be reasonably inferred that display of TROPHIES. 49 executed felons on gibbets, or their heads on spikes, originates from the bringing back of trophies taken from slain enemies. Though usually a part only of the slain enemy is fixed up, yet sometimes the whole body is; as when the dead Saul, minus his head, was fastened by the Philistines to the wall of Bethshan. And that fixing up a felon's body is more frequent, probably arises from the fact that it has not to be brought from a great distance, as would usually have to be the body of an enemy. § 356. Though no direct connexion exists between trophy-taking and ceremonial government, the foregoing facts reveal such indirect connexions as to make it needful to note the custom. It enters as a factor into the three forms of control — social, political, and religious. If, in primitive states, men are honoured according to their prowess — if their prowess is estimated here by the number of heads they can show, there by the number of jaw-bones, and elsewhere by the number of scalps, — if such trophies are treasured up for generations, and the pride of families is proportioned to the number of them taken by ancestors — if of the Gauls in the time of Posidonius, we read that " the heads of their enemies that were the chief est persons of quality, they carefully deposit in chests, em balming them with the oil of cedars, showing them to strangers, glory and boast " that they or their forefathers had refused great sums of money for them ; then, obviously, a kind of class distinction is initiated by trophies. On reading that in some places a man's rank varies with the quantity of bones in or upon his dwelling, we cannot deny that the display of these proofs of personal superiority, originates a regulative influence in social intercourse. As political control evolves, trophy-taking becomes in several ways instrumental to the maintenance of authority. Beyond the awe felt for the chief whose many trophies show his powers of destruction, there conies the greater 50 CEREMONIAL INSTITUTIONS. awe which, on growing into a king with subordinate chiefs and dependent tribes, he excites by accumulating the tro phies others take on his behalf; rising into dread when he exhibits in numbers the relics of slain rulers. As the prac tice assumes this developed form, the receipt of such vicari ously-taken trophies passes into a political ceremony. The heap of hands laid before an ancient Egyptian king, served to propitiate; as now serves the mass of jawbones sent by an Ashantee captain to the court. When we read of Timour's soldiers that '" their cruelty was enforced by the peremptory command of producing an adequate number of heads," we are conclusively shown that the presentation of trophies hardens into a form expressing obedience. Xor is it thus only that a political effect results. There is the govern mental restraint produced by fixing up the bodies or heads of the insubordinate and the felonious. Though offering part of a slain enemy to propitiate a ghost, does not enter into what is commonly called religious ceremonial, yet it obviously so enters when the aim is to propitiate a god developed from an ancestral ghost. AVe are shown the transition by such a fact as that in a battle between two tribes of Khonds, the first man who " slew his opponent, struck off his right arm and rushed with it to the priest in the rear, who bore it off as an offering to Laha Pcnnoo in his grave: " Laha Pennoo being their " God of Arms." Joining with this such other facts as that before the Taliitian god Oro, human immolations were frequent, and the preserved relics were built into walls " formed entirely of human skulls," which were " principally, if not entirely the skulls of those slain in battle; " we are shown that gods arc worshipped by bringing to them, and accumulat ing round their shrines, these portions of enemies killed —killed, very often, in fulfilment of their supposed com mands. This inference is verified on seeing similar ly used other kinds of spoils. The Philistines, besides otherwise displaying relics of the dead Saul, put " his TROPHIES. 51 armour in the house of Ashtaroth." By the Greeks the trophy formed of arms, shields, and helmets taken from the defeated, was consecrated to some divinity ; and the Romans deposited the spoils of battle in the temple of Jupiter Capitolinus. Similarly among the Fijians, who are solicit ous in every way to propitiate their blood-thirsty deities, " when flags are taken they are always hung up as trophies in the mbure" or temple. That hundreds of gilt spurs of French knights vanquished by the Flemish in the battle of Courtrai, were deposited in the church of that place, and that in France flags taken from enemies were suspended from the vaults of cathedrals (a practice not unknown in Protestant England), are facts which might be joined with these, did not joining them imply the impossible supposition that Christians think to please " the God of love " by acts like those used to please the diabolical gods of cannibals. Because of inferences to be hereafter drawn, one remain ing general truth must be named, though it is so obvious as to seem scarcely worth mention. Trophy-taking is di rectly related to militancy. It begins during a primitive life that is wholly occupied in fighting men and animals; it develops with the growth of conquering societies in which perpetual wars generate the militant type of structure; it diminishes as growing industrialism more and more substi tutes productive activities for destructive activities; and complete industrialism necessitates entire cessation of it. The chief significance of trophy-taking, however, has yet to be pointed out. The reason for here dealing with it, though in itself scarcely to be classed as a ceremony, is that it furnishes us with the key to numerous ceremonies pre vailing all over the world among the uncivilized and semi- civilized. From the practice of cutting off and taking away portions of the dead body, there grows up the practice of cutting off portions of the living body. CHAPTER III. MUTILATIONS. § 357. Facility of exposition will be gained by ap proaching indirectly the facts and conclusions here to be set forth. The ancient ceremony of infeftment in Scotland was completed thus: — "He [superior's attorney] would stoop down, and, lifting a stone and a handful of earth, hand these over to the new vassal's attorney, thereby conferring upon him ' real, actual, and corporal ' possession of the fief." Among a distant slightly-civilized people, a parallel usage occurs. On selling his cultivated plot, a Khond. having invoked the village deity to bear witness to the sale, " then delivers a handful of soil to the purchaser." From cases where the transfer of lands for a consideration is thus expressed, we may pass to cases where lands are by a simi lar form surrendered to show political submission. When the Athenians applied for help against the Spartans, after the attack of Klcomenes, a confession of subordination was demanded in return for the protection asked; and the confession was made by sending earth and water. A like act has a like meaning in Fiji. " The soro with a basket of earth ... is generally connected with war, and is pre sented by the weaker party, indicating the yielding up of their land to the conquerors." And so is it in India. AVlien some ten years ago, Tu-wen-hsin sent his " Panthay " mis sion to England, " they carried with them pieces of rock 52 MUTILATIONS. 53 hewn from tlie four corners of the [Tali] mountain, as the most formal expression of his desire to become feudatory tc the British Crown. " This giving a part instead of giving the whole, where the whole cannot be mechanically handed over, will perhaps be instanced as a symbolic ceremony; though, even in the absence of any further interpretation, we may say that it approaches as nearly to actual transfer as the nature of the case permits. "We are not, however, obliged to regard this ceremony as artificially devised. We may affiliate it upon a simpler ceremony which at once elucidates it, and is elucidated by it. I refer to surrendering a part of the body as implying surrender of the whole. In Fiji, tribu taries approaching their masters were told by a messenger " that they must all cut off their tobe (locks of hair that are left like tails). . . They all docked their tails." Still, it may be replied that this act, too, is a symbolic act — an act artificially devised rather than naturally derived. If we carry our inquiry a step back, however, we shall find a clue to its natural derivation. First, let us remember the honour which accrues from accumulated trophies; so that, among the Shoshones for instance, " he who takes the most scalps gains the most glory.77 Let us join with this Bancroft's statement respecting the treatment of prisoners by the Chichimecs, that " often they were scalped while yet alive, and the bloody trophy placed upon the heads of their tormentors." And then let us ask what happens if the scalped enemy sur vives. The captor preserves the scalp as an addition to his other trophies; the vanquished enemy becomes his slave; and he is shown to be a slave by the loss of his scalp. Here, then, are the beginnings of a custom that may be come established when social conditions make it advanta geous to keep conquered foes as servants instead of eating them. The conservative savage changes as little as possi ble. While the new practice of enslaving the captured 62 54 CEREMONIAL INSTITUTIONS. arises, the old practice of cutting from their bodies such parts as servo for trophies continues; and the marks left become marks of subjugation. Gradually as the receipt of such marks comes to imply bondage, not only will those taken in war be marked, but also those born to them; until at length the bearing of the mark shows subordination in general. That submission to mutilation may eventually grow into the sealing of an agreement to be bondsmen, is shown us by Hebrew history. " Then Xahasli the Ammonite came up, and encamped against Jabesh-gilead : and all the men of Jabesh said unto Nahash, Make a covenant with us, and we will serve thee. And Xahash the Ammonite an swered them, On this condition will I make a covenant with you, that I may thrust out all your right eyes." They agreed to become subjects, and the mutilation (not in this case consented to, however) was to mark their subjection. And while mutilations thus serve, like the brands a farmer puts on his sheep, to show first private ownership and afterwards political ownership, they also serve as perpetual reminders of the ruler's power: so keeping alive the dread that brings obedience. This fact we see in the statement that when the second Basil deprived fifteen thousand Bul garian captives of sight, " the nation was awed by this terri ble example." Just adding that the bearing of a mutilation, thus be coming the mark of a subject race, survives as a token of submission when the trophy-taking which originated it has disappeared ; let us now note the different kinds of mutila tions, and the ways in which they severally enter into the three forms of control — political, religious, and social. § 358. When the Araucanians on going to war send messengers summoning confederate tribes, these messengers carry certain arrows as their credentials; .and, " if hostilities are actually commenced, the finger, or (as Algedo will have MUTILATIONS. 55 it) the hand of a slain enemy, is joined to the arrows "• another instance, added to those already given, in. which hands, or parts of them, are brought home to show victory. We have proof that in some cases living vanquished men, made Landless by this kind of trophy-taking, are brought back from battle. King Osymandyas reduced the revolted Bactrians; and as shown " on the second wall " of the monument to him " the prisoners are brought forward : they are without their hands and members." But though a conquered enemy may have one of his hands taken as a trophy without much endangering his life, loss of a hand so greatly diminishes his value as a slave, that some other trophy is naturally preferred. The like cannot, however, be said of a finger. That fingers are sometimes carried home as trophies we have just seen; and that conquered enemies, mutilated by loss of fin gers, are sometimes allowed to live as slaves, the Bible yields proof. In Judges i. G, 7, we read: — " Adoni-bezek [the Canaanite] fled; and they pursued after him, and caught him, and cut off his thumbs and his great toes. And Adoni-bezek said, Threescore and ten kings, having their thumbs and their great toes cut off, gathered their meat under my table: as I have done, so God hath requited me.7' Hence, then, the fact that fingers are, in various places, cut off and offered in propitiation of living rulers, in propitiation of dead rulers, and in propitiation of dead relatives. The sanguinary Fijians, extreme in their loyalty to cannibal despots, yield sundry illustrations. Describing the . se quence of an alleged insult, Williams says: — " A messenger was . . . sent to the chief of the offender to demand an explanation, which was forthwith given, together with the fingers of four persons, to appease the angry chieftain." On the occasion of a chief's death, " orders were issued that one hundred fingers should be cut off; but only sixty were amputated, one woman losing her life in consequence." Once more, a child's hand " was covered with blood, which 56 CEREMONIAL INSTITUTIONS. flowed from the stump where, shortly before, his little finger had been cut off, as a token of affection for his deceased fath er. " This propitiation of the dead by offering fingers, or parts of them, occurs elsewhere. When, among the Charruas, the head of the family died, " the daughters, widow, and married sisters were obliged to have, each one joint from the finger cut off; and this was repeated for every relation of the like character who died: the primary amputation being from the little finger." By the Mandans, the usual mode of expressing grief on the death of a relation " wras to lose two joints of the little fingers, or sometimes the other fingers." A like custom was found among the Dacotahs and various other American tribes. Sacrificed in this way to the ghost of the dead relative, or the dead chief, to express that subjection which would have pacified him while alive, the amputated finger becomes, in other cases, a sacrifice to the expanded ghost or god. During his initiation the Mandan warrior, " holding up the little finger of his left hand to the Great Spirit, he expresses to Him, in a speech of a few words, his willingness to give it as a sacri fice; when he lays it 011 the dried buffalo skull, where the other chops it off near the hand with a blow of the hatchet.'7 And the natives of Tonga cut off a portion of the little fin ger as a sacrifice to the gods, for the recovery of a superior sick relative. Originally expressing submission to powerful beings alive and dead, this mutilation in some cases becomes, appar ently, a mark of domestic subordination. The Australians have a custom of cutting off the last joint of the little finger of females; and a Hottentot " widow, who marries a second time, must have the top joint of a finger cut off, and loses another joint for the third, and so on for each time that she enters into wedlock." As showing the way in which these propitiatory mutila tions of the hands are made so as to interfere least with usefulness, it may be noted that habitually they begin with MUTILATIONS. 57 the last joint of the little finger, and affect the more impor tant parts of the hand only if they recur. And where, by amputating the hand, there is repeated in full the original mutilation of slain enemies, it is where the usefulness of the subject persons not a consideration, but where the treat ment of the external enemy is extended to the internal enemy — the criminal. The Hebrews made the loss of a hand a punishment for one kind of offence, as shown in Deuteronomy, xxv. 11, 12. In ancient Egypt, forgers and other falsifiers lost both hands. Of a Japanese political transgressor it is said — " His hands were ordered to be struck off, which in Japan is the very extremity of dishon our." In mediseval Europe hands were cut off for various offences. § 359. Recent accounts from the East prove that some of the vanquished deprived of their noses by their conquer ors, survive ; and those who do so, remain identifiable there after as conquered men. Consequently, lack of a nose may become the mark of a slave ; and in some cases it does this. Certain of the ancient Central Americans challenged neigh bouring peoples when " they wanted slaves; if the other party did not accept of the challenge, they ravaged their country and cut off the noses of the slaves." And, describ ing a war carried on during his captivity in Ashantee, Ram sey er says the Ashantees spared one prisoner, " whose head was shaved, nose and ears cut off, and himself made to carry the king's drum." Along with loss of nose occurs, in the last case, loss of ears. This is similarly interpretable as having originated from trophy-taking, and having in some cases survived, if not as a mark of ordinary slavery, still, as a mark of that other slavery which is a punishment for crime. In ancient Mexico " he who told a lie to the particular prejudice of another had a part of his lip cut off, and sometimes his ears." Among the Honduras people a thief had his goods 58 CEREMONIAL INSTITUTIONS. confiscated, " and, if the theft was very great, they cut off his ears and hands.'7 A law of an. adjacent people, the ]\liztecs, directed the " cutting off of an adulterer's ears, nose, or lips; " and by some of the Zapotecas, " women con victed of adultery had their ears and noses cut off." But though absence of ears seems more generally to have marked a criminal than a vanquished enemy who had sur vived the taking of his ears as trophies, we may suspect that originally it was a trait of an enslaved captive; and that by mitigation, it gave rise to the method of marking a slave that was used by the Hebrews, and still continues in the East with a modified meaning. In Exodus xxi. 5, 6, we read that if, after his six years' service, a purchased slave does not wish to be free, his master shall " bring him to the door, or unto the door-post, and his master shall bore his ear through with an awl, and he shall serve him for ever." Commenting on this ceremony Knobel says: — " In the mod ern East, the symbol of piercing the ears is mentioned as the mark of those who are dedicated. ... It expresses the belonging to somebody." And since where there grows up unqualified despotism, private slavery is joined with public slavery, and the accepted theory is that all subjects are the property of the ruler, we may suspect that there hence results in some cases the universality of this mutilation. " All the Burmese without exception have the custom of boring their ears. The day when the operation is per formed is kept as a festival ; for this custom holds, in their estimation, something of the rank that baptism has in ours." As indirect evidence, I may add the curious fact that the Gond holds " his ears in his hands in token of submission." A related usage must be noted : the insertion of a ring in the nose. Commenting on this as exemplified by some women of Astrachan, Bell says — " I was told that it was the consequence of a religious dedication of these persons to the service of God." Xow read the following passage from Isaiah about Sennacherib: — " This is the word that MUTILATIONS. 59 the Lord hath spoken concerning him. . . I will put my hook in thy nose, and my bridle in thy lips." And then add the fact that in Assyrian sculptures are represented prisoners being led by cords attached to rings through their noses. Do we not see a kindred filiation — conquest, inci dental marking of the captive, survival of the mark as distinguishing subject persons? § 360. Jaws can be taken only from those whose lives are taken. There are the teeth, however: some of these may be extracted as trophies without seriously decreasing the usefulness of the prisoner. Hence another form of mutilation. We have seen that teeth of slain foes are worn in Ashantee and in South America. Now if teeth are taken as trophies from captives who are preserved as slaves, loss of them must -become a mark of subjection. Of facts directly showing that a. propitiatory ceremony hence arises I can name but one. Among mutilations undergone when a king or chief dies in the Sandwich Islands, Ellis names knocking out one of the front teeth: an alternative being cutting the ears. When we further read in Cook that the Sandwich Islanders knock out from one to four of the front teeth, showing that the whole population becomes marked by these repeated mutilations suffered to propitiate the ghosts of dead rulers — when we infer that in propitiation of a much-dreaded ruler deified after death, not only those who knew him may submit to this loss, but also their chil dren subsequently born ; we see how the practice, becoming established, may survive as a sacred custom when its mean ing is lost. For concluding that the practice has this sacramental nature, there are the further reasons derived from the fixing of the age for the operation, and from the character of the operator. In New South Wales it is the Koradger men, or priests, who perform the ceremony; and of a semi-domesticated Australian, Haygarth writes that he 60 CEREMONIAL INSTITUTIONS. said one day, " with a look of importance, that he must go away for a few days, as he had grown up to man's estate, and ( it was high time that he should have his teeth knocked out.' ' Various African races, as the Batoka, the Dor, similarly loso two or more of their front teeth; and habitually the loss of them is an obligatory rite. But the best evidence is furnished by the ancient Peruvians. A tradition among certain of them was that the conqueror Iluayna Ccapac, finding them disobedient, " made a law that they and their descendants should have three of their front teeth pulled out in each jaw." Another tradition, naturally derivable from the last, was that this extraction of teeth by fathers from their children was a " service very acceptable to their gods." And then, as happens with other mutilations of which the meaning has dropped out of memory, the improvement of the appearance was in some parts the assigned motive. § 361. As the transition from eating conquered enemies to making slaves of them, mitigates trophy-taking so as to avoid causing death; and as the tendency is to modify the injury inflicted so that it shall in the least degree diminish the slave's usefulness; and as, with the rise of a class born in slavery, the mark which the slave bears, no longer show ing that he was taken in war, does not imply a victory achieved by his owner; there eventually remains no rea son for a mark which involves serious mutilation. Hence it is inferable that mutilations of the least injurious kinds will become the commonest. Such, at any rate, seems a reasonable explanation of the fact that cutting off of hair is the most prevalent mutilation. Already we have seen the probable origin of the custom in Fiji, where tributaries had to sacrifice their locks on approaching their great chiefs; and there is evidence that a kindred sacrifice was demanded of old in Britain. In the Arthurian legends, which, unhistoric as they may be, yield MUTILATIONS. 61 good evidence respecting the manners of the times from which they descend, we read, " Then went Arthur to Caer- leon; and thither came messengers from King Ryons, who said, * Eleven kings have done me homage, and with their beards I have trimmed a mantle. Send me now thy beard, for there lacks yet one to the finishing of my mantle.' ' Reasons exist for the belief that taking an enslaved captive's hair, began with the smallest practicable diver gence from taking the dead enemy's scalp; for the part of the hair in some cases given in propitiation, and in other cases worn subject to a master's ownership, answers in posi tion to the scalp-lock. The tobe yielded up by the tributary Fijians was a kind of pigtail: the implication being that this could be demanded by, and therefore belonged to, the superior. Moreover, among the Kalmucks, "When one pulls another by the pigtail, or actually tears it out, this is regarded as a punishable offence, because the pigtail is thought to belong to the chief, or to be a sign of subjection to him. If it is the short hair on the top of the head that has been subjected to such treatment, it does not constitute a punishable offence, because this is considered the man's own hair and not that of the chief." And then I may add the statement of Williams, that the Tartar conquerors of China ordered the Chinese " to adopt the national Tartar mode of shaving the front of the head, and braiding the hair in a long queue, as a sign of sub mission." Another fact presently to be given joins with these in suggesting that a vanquished man, not killed but kept as a slave, wore his scalp-lock on sufferance. Be this as it may, however, the widely-prevalent custom of taking the hair of the conquered, either with or without part of the skin, has nearly everywhere resulted in the asso ciation between short hair and slavery. This association existed among both Greeks and Romans: "the slaves had their hair cut short as a mark of servitude." We find it the same throughout America. " Socially the slave is despised, his hair is cut short," says Bancroft of the 62 CEREMONIAL INSTITUTIONS. Xootkas; and " tlie privilege of wearing long hair was rig orously denied " to Carib slaves and captives. Tlic slavery tliat punished criminality was similarly marked. In. Nica ragua, u a chief had his hair cut off and became a slave to the person that had been robbed till he was satisfied." Naturally, infliction of the slave-badge grew into a punish ment. By the Central Americans a suspected adulterer " was stripped and his hair was cut.'7 One ancient Mexican penalty " was to have the hair cut at some public place." And during mediaeval times in Europe cutting e^ hair was a punishment. Of course, by contrast, long hair became a distinction. If among the Chibchas " the greatest affront that could be put 011 a man or a woman was to have their hair cropped," the assimilation to slaves in appearance was the reason: the honourableness of long hair being an implication. " The Itzaex Indians," says Fancourt, " wore their hair as long as it would grow; in deed, it is a most difficult thing to bring the Indians to cut their hair." Long hair shows rank among the Tongans: none are permitted to wear it but the principal people. Similarly with the New Caledonians and various others of the uncivilized; and similarly with semi-civilized Orien tals: " the Ottoman princes have their beard shaved off to show that they are dependent on the favour of the reigning emperor." By the Greeks, " in manhood, . . . hair was worn longer," and " a certain political significancy was attached to the hair." In Northern Europe, too, " among the Franks . . . the serfs wore the hair less long and less carefully dressed than freemen," and the freemen less long than the nobles. " The hair of the Frank kings is sacred. ... It is for them a mark and honourable prerogative of the royal race." Clothair and Childebert, wishing to divide their brother's kingdom, consulted re specting their nephews, " whether to cut off their hair so as to reduce them to the rank of subjects, or to kill them." I may add the extreme case of the Japanese Mikado. MUTILATIONS. 63 " Neither his hair, beard, nor nails are ever [avowedly] cut, so that his sacred person may not be mutilated: " such cutting as occurs being done while he is supposed to sleep. A parallel marking of divine rank may be noted in pass ing. Length of hair being significant of terrestrial dignity becomes significant, too, of celestial dignity. The gods of various peoples, and especially the great gods, are distin guished by their flowing beards and long locks. Domestic subordination also, in many cases goes along with short hair. Under low social conditions, females com monly bear this badge of slavery. In Samoa the women wear the hair short while the men wear it long; and among other Malayo-Polynesians, as the Tahitians and Jsrew Zea- landers, the like contrast occurs. Similarly with the 'Ne grito races. " In New Caledonia the chiefs and influential men wear their hair long. . . . The women all crop theirs close to the very ears." Cropped heads in like manner dis tinguish the women of Tanna, of Lifu, of Yate, and those of Tasmania. A kindred mode of signifying filial subjection has existed. Sacrifice of hair once formed part of the ceremony of adoption in Europe. " Charles Martel sent Pepin, his son, to Luithprand, king of the Lombards, that he might cut his first locks, and by this ceremony hold for the future the place of his father; " and Clovis, to make peace with Alaric, proposed to become his adopted son, by offering his beard to be cut by him. This mutilation simultaneously came to imply subjec tion to dead persons. How yielding up hair to the dead is originally akin to yielding up a trophy, is- well shown by the Dacotahs. " The men shave the hair off their heads, except a small tuft on the top [the scalp-lock], which they suffer to grow and wear in plaits over the shoulders: the loss of it is the usual sacrifice at the death of near relations." That is, they go as near as may be to surrendering their scalps to the dead. The meaning is again seen in the account given of the Caribs. " As their hair thus constituted their 64: CEREMONIAL INSTITUTIONS. chief pride, it was an unequivocal proof of the sincerity of their sorrow, when, on the death of a relation or friend, they cut it short like their slaves and captives." Every where the uncivilized have kindred forms. ~Nor was it otherwise with the ancient historic races. By the Hebrews making " baldness upon their heads " was practised as a funeral rite, as was also shaving off u the corner of their beard." Among Greeks and Romans, " the hair was cut close in mourning." In Greece the meaning of this mutila tion was recognized. Potter remarks, — " we find Electra in Euripides finding fault with Helena for sparing her locks, and thereby defrauding the dead; " and he cites the statement that this sacrifice of hair (sometimes laid upon the grave) was " partly to render the ghost of the deceased person propitious." A significant addition must be made. " Eor a recent death, the mourner's head was shaved ; for an offering to the long dead, a single lock was cut off." Naturally if, from propitiation of the dead, some of whom become deities, there grows up religious propitiation, the offering of hair may be expected to re-appear as a re ligious ceremony ; and we find that it does so. Already, in the just-named fact that besides the hair sacrificed at a Greek funeral, smaller sacrifices of hair were made after wards, we see the rise of that recurring propitiation charac terizing worship of a deity. And when we further read that among the Greeks " on the death of any very popular personage, as a general, it sometimes happened that all the army cut off their hair," we are shown a step towards that propitiation by unrelated members of the community at large, which, when it becomes established, is a trait of re ligious worship. Hence certain Greek ceremonies. " The cutting off of the hair, which was always done when a boy became an e<£?^3o9, was a solemn act, atttended with religious ceremonies . . . and the hair after being cut off was dedicated to some deity, usually a river-god." So, too, at the first shaving among the Romans: " the hair cut off on MUTILATIONS. 65 such occasions was consecrated to some god." Sacrifice of hair was an act of worship with the Hebrews also. We are told of " fourscore men, having their beards shaven, and their clothes rent, and having cut themselves, with offerings and incense in their hand, to bring them to the house of the Lord; " and Krehl gives sundry kindred facts concerning the Arabians. Curious modifications of the practice oc curred in ancient Peru. Small sacrifices of hair were con tinual. " Another offering," writes d'Acosta, is " pulling out the eye-lashes or eye-brows and presenting them to the sun, the hills, the combles, the winds, or whatever they are in fear of." " On entering the temples, or when they were already within them, they put their hands to their eyebrows as if they would pull out the hairs, and then made a motion as if they were blowing them towards the idol ; " a good in stance of the abridgment which ceremonies habitually un dergo. One further development remains. This kind of sacri fice becomes in some cases a social propitiation. Wreaths of their own hair plaited, were bestowed upon others as marks of consideration by the Tahitians. In France in the fifth and sixth centuries, it was usual to pluck out a few hairs from the beard on approaching a superior, and present them; and this usage was occasionally adopted as a mark of condescension by a ruler, as when Clovis, gratified by the visit of the Bishop of Toulouse, gave him a hair from his beard, and was imitated in so doing by his followers. Afterwards the usage had its meaning obscured by abridg ment. In the times of chivalry one mode of showing re spect was to tug at the moustache. § 362. Already, when treating of trophies, and when finding that those of the phallic class, major and minor, had the same meanings as the rest, the way was opened to explain the mutilations next to be dealt with. We have seen that when the vanquished wrere not killed but enslaved, 66 CEREMONIAL INSTITUTIONS. it became imperative that the taking of trophies from them should neither endanger life nor Le highly injurious; and that hence instead of jaws, teeth were taken; instead of hands, fingers ; instead of scalps, hair. Similarly in this case, the fatal or dangerous mutilation disappearing, left only such allied mutilation as did not seriously or at all de crease the value of the enemy as a servant. That castration was initiated by trophy-taking I find no direct proof; but there is direct proof that prisoners are sometimes treated in a way which trophy-taking of the implied kind would entail. The ancient Persians used to castrate the young men and boys of their vanquished enemies. Of Theobald, Marquis of Spoleto, we read in Gibbon that " his captives . . . were castrated without mercy." For thinking that there was once an enforced sacrifice of the nature indicated, made to a conqueror, there is the further reason that we find a parallel sacrifice made to a deity. At the annual festivals of the Phrygian goddess Amina [Agdistis], " it was the custom for young men to make themselves eunuchs with a sharp shell, crying out at the same time, ' Take this, Agdistis.' 7 There was a like practice among the Phoenicians; and Brinton names a severe self-mutilation of the ancient Mexican priests, which seems to have included this. Coming in the way shown to imply subordination, this usage, like many ceremonial usages, has in some cases survived where its meaning is lost. The Hottentots enforce semi-castration at about eight or nine years of age; and a kindred custom exists among the Australians. Naturally, of this class of mutilations, the less serious is the more prevalent. Circumcision occurs among unallied races in all parts of the world — among the Malayo-Poly- nesians in Tahiti, in Tonga, in Madagascar; among the Negritos of New Caledonia and Fiji; among African peoples, both of the coast and the interior, from northern* Abyssinia to southern Kaffir-land ; in America, among some MUTILATIONS. 67 Mexican peoples, the Yucatanese, and the people of San Salvador; and we meet with it again in Australia. Even apart from the fact that their monuments show the Egyptians practiced it from early times, and even apart from the evidence that it prevailed among Arab peoples at large, these proofs that circumcision is not limited to region or race, sufficiently dispose of the current theological interpretation. They sufficiently dispose, too, of another interpretation not uncommonly given; for a general sur vey of the facts shows us that while the usage does not pre vail among the most cleanly races in the world, it is common among the most uncleanly races. Contrariwise, the facts taken in the mass are congruous with the general theory thus far verified. It was shown that among the Abyssinians the trophy taken by circumcision from an enemy's dead body, is presented by each warrior to his chief; and that all such trophies taken after a battle are eventually presented to the king. If the vanquished enemies instead of being killed are made slaves; and if the warriors who have vanquished them continue to present the usual proofs of their prowress; there must arise the circumcision of living captives, who thereby become marked as subjugated persons. A further result is obvious. As the chief and the king are propitiated by bringing them these trophies taken from their foes; and as the primitive belief is that a dead man's ghost is pleased by whatever pleased the man when alive; there will naturally follow a presentation of such trophies to the ghost of the departed ruler. And then in a highly militant society governed by a divinely- descended despot, who requires all his subjects to bear this badge of servitude, and who, dying, has his dreaded ghost anxiously propitiated ; we may expect that the presentation to the king of these trophies taken from enslaved enemies, will develop into the offering to the god of like trophies taken from each generation of male citizens in acknowledg- 68 CEREMONIAL INSTITUTIONS. ment of tlieir slavery to him. Hence, when Movers says that among the Phoenicians circumcision was " a sign of consecration to Saturn/7 and when proof is given that of old the people of San Salvador circumcised " in the Jewish manner, offering the blood to an idol," we are shown just the result to be anticipated as eventually arising. That this interpretation applies to the custom as made known in the Bible, is clear. We have already seen that the ancient Hebrews, like the modern Abyssinians, prac tised the form of trophy-taking which necessitates this mu tilation of the dead enemy; and as in the one case, so in the other, it follows that the vanquished enemy not slain but made prisoner, will by this mutilation be marked as a subject person. That circumcision was among the Hebrews the stamp of subjection, all the evidence proves. On learning that among existing Bedouins, the only conception of God is that of a powerful living ruler, the sealing by circumcision of the covenant between God and Abraham becomes a comprehensible ceremony. There is furnished an explana tion of the fact that in consideration of a territory to be re ceived, this mutilation, undergone by Abraham, implied that " the Lord " was " to be a god unto " him; as also of the fact that the mark was to be borne not by him and his descendants only, as favoured individuals, but also by slaves not of his blood. And on remembering that by primitive peoples the returning double of the dead potentate is believed to be indistinguishable from the living potentate, we get an interpretation of the strange tradition concerning God's anger with Moses for not circumcising his son:— " And it came to pass by the way in the inn, that the Lord met Moses, and sought to kill him. Then Zipporah took a sharp stone, and cut off the foreskin of her son, and cast it at his feet." There are further proofs that circumcision among the Jews was a mark of subordination to Jahveh. Under the foreign ruler Antiochus, who brought in foreign gods, circumcision was forbidden ; and those who, persever- MUTILATIONS, 69 ing in it, refused obedience to these foreign gods, were slain. On the other hand, Mattathias and his friends, rebelling against foreign rule and worship, are said to have gone " round about, and pulled down the altars : and what chil dren soever they found within the coast of Israel uncircum- cised, those they circumcised valiantly." Moreover Hyr- canus, having subdued the Idumeans, made them submit to circumcision; and Aristobulus similarly imposed the mark on the conquered people of Iturea. Quite congruous are certain converse facts. Tooitonga (the great divine chief of Tonga) is not circumcised, as all the other men are; being unsubordinated, he does not bear the badge of subordination. And with this I may join a case in which whole tribes belonging to a race ordinarily practising circumcision, are uncircumcised where they are unsubordinated. Naming some wild Berbers in Morocco as thus distinguished, Rohlfs says, " these uncircumcised tribes inhabit the Kif mountains. . . . All the Rif moun taineers eat wTild boar, in spite of the Koran law." § 3G3. Besides mutilations entailing some loss of flesh, bone, skin, or hair, there are mutilations which do not imply a deduction; at least — not a permanent one. Of these we may take first, one which sacrifices a liquid part of the body though not a solid part. Bleeding as a mutilation has an origin akin to the origins of other mutilations. Did we not find that some uncivil ized tribes, as the Samoyedes, drink the warm blood of animals — did we not find among existing cannibals, such as the Fijians, proofs that savages drink the blood of still- living human victims; it would seem incredible that from taking the blood of a vanquished enemy was derived the ceremony of offering blood to a ghost and to a god. But when to accounts of horrors like these we join accounts of kindred ones which savages commit, such as that among the Amaponda Kaffirs " it is usual for the ruling chief, on C3 70 CEREMONIAL INSTITUTIONS. his accession to the government, to he washed in the hlood of a near relative, generally a brother, who is put to death on the occasion; " and when we infer that before civilization arose the sanguinary tastes and usages now exceptional were probably general; we may suspect that from the drinking of blood by conquering cannibals there arose some kinds of blood-offerings — at any rate, offerings of blood taken from immolated victims. Possibly some offerings of blood from the bodies of living persons are to be thus ac counted for. But those which are not, are explicable as arising from the practice of establishing a sacred bond be tween living persons by partaking of each other's blood : the derived conception being that those who give some of their blood to the ghost of a man just dead and lingering near, effect with it a union which on the one side implies sub mission, and on the other side friendliness. On this hypothesis we have a reason for the prevalence of self -bleeding as a funeral rite, not among existing savages only, but among ancient and partially-civilized peoples — the Jews, the Greeks, the Huns, the Turks. We are shown how there arise kindred rites as permanent pro pitiations of those more dreaded ghosts which become gods — such offerings of blood, now from their own bodies and now from their infants' bodies, as those which the Mexicans gave their idols; such offerings as were implied by the self-gashings of the priests of Baal; and such as were sometimes made even in propitiating Jahveh, as by the fourscore men who came from Shechem, Shiloh, and Samaria. Moreover, the instances of blood-letting as a complimentary act in social intercourse, become explicable. During a Samoan marriage ceremony the friends of the bride, to testify their respect, " took up stones and beat themselves until their heads were bruised and bleed ing." " When the Indians of Potonchan (Central Amer ica) receive new friends ... as a proof of friendship, they, in the sight of the friend, draw some blood . . . from the MUTILATIONS. 71 tongue, hand, or arm, or from some other part." And "Mr. W. Foster, Agent General for oSTew South Wales, writes to me that he has seen an Australian mother on meeting her son after an interval of six months, gash her face with a pointed stick " until the blood streamed." § 364. Cuts leave scars. If the blood-offerings which entail them are made by relatives to the departed spirit of an ordinary person, these scars are not likely to have any permanent significance ; but if they are made in propitia tion of a deceased chief, not by his relatives alone but by unrelated members of the tribe who stood in awe of him and fear his ghost, then, like other mutilations, they become signs of subjection. The Huns who " at the burial of Attila, cut their faces with hollow wounds," in common with the Turks who did the like at royal funerals, thus inflicted on themselves marks which thereafter distin guished them as servants of their respective rulers. So, too, did the Lacedaemonians who, " when their king died, had a barbarous custom of meeting in vast numbers, where men, women, and slaves, all mixed together, tore the flesh from their foreheads with pins and needles ... to gratify the ghosts of the dead." Such customs are likely sometimes to have further results. With the apotheosis of a notable king whose conquests gave him the character of founder of the nation, marks of this kind, borne not by his con temporary followers only but imposed by them on their children, may become national marks. That the scars caused by blood-lettings at funerals are recognized as binding to the dead those who bear them, and do develop in the way alleged, we have good evidence. The command in Leviticus, " ye shall not make any cuttings in your flesh for the dead, nor print any marks upon you," shows us the usage in that stage at which the scar left by sacrifice of blood is still a sign partly of family subordination and partly of other subordination. And Scandinavian tra- 7^ CEREMONIAL INSTITUTIONS. ditions show us a stage at which the scar betokens allegiance either to an unspecified supernatural being, or to a deceased ruler who has become a god. Odin, " when he was near his death, made himself be marked with the point of a spear; " and .Xiort " before he died made himself be marked for Odin with the spear-point." It is probable that scars on the surface of the body, thus coming to express loyalty to a deceased father, or a deceased ruler, or a god derived from him, initiate among other dis figurements those we class as tattooing. Lacerations, and the traces they leave, are certain to take different forms in different places. The Andaman Islanders u tattoo by incising the skin . . . without inserting colouring matter, the cicatrix being whiter than the sound skin." Some natives of Australia have ridges raised on this or that part of the body; while others brand themselves. In Tanna the people make elevated scars on their arms and chests. And Burton, in his Abeokuta, says — " the skin patterns were of every variety, from the diminutive prick to the great gash and the large boil-like lumps . . . In this country every tribe, sub-tribe, and even family, has its blazon, whose infinite diversifications may be compared with the lines and ordinaries of European heraldry." Naturally, among the various skin-mutilations originating in the way alleged, many will, under the promptings of vanity, take on a character more or less ornamental; and the use of them for decoration will often survive when their meaning has been lost. Hypothesis apart, we have proof that these marks are in many cases tribal marks; as they would of course become if they were originally made when men bound themselves by blood to the dead founder of the tribe. Among the Cuebas of Central America, " if the son of a chief declined to use the distinctive badge of his house, he could, when he became chief, choose any new device he might fancy; " but " a son who did not adopt his father's totem was always MUTILATIONS. 73 hateful to him." And if refusal to adopt the family-mark where it is painted on the body, is thus regarded as a kind of disloyalty, equally will it be so when the mark is one that has arisen from modified lacerations; and such refusal will be tantamount to rebellion where the mark signifies descent from, and submission to, some great father of the race. Hence such facts as the following: — " All these In- " dians " says Cieza of the ancient Peruvians, " wear certain " marks by which they are known, and which were used by " their ancestors." " Both "sexes of the Sandwich Isl anders have a particular mark (tattooed) which seems to indicate the district in which, or the chief under whom, they lived."* That a special form of tattooing becomes a tribal mark in the way suggested, we have, indeed, some direct evidence. Among the Sandwich Islanders, funeral rites at the death of a chief, such as knocking out teeth, cutting the ears, &c., one is tattooing a spot on the tongue. Here we see this mutilation becoming a sign of allegiance to a ruler who has died; and then, when the deceased ruler, unusually distinguished, is apotheosized, the tattoo mark becomes the sign of obedience to him as a deity. " "With several Eastern nations," says Grimm, " it was a custom to mark oneself by a burnt or incised sign as adherent to a certain worship." It was thus with the Hebrews. Remembering that they were forbidden to mark themselves for the dead, we shall see the meaning of the passage in Deuteronomy — " They have corrupted themselves, the spot is not the spot of his children: they are a perverse and crooked genera tion." And that such contrasted spots were understood in * While this chapter is standing in type, I have come upon a passage in Bancroft, concerning the Indians of the Isthmus of Darien fully verifying the general interpretation given. He says : — " Every principal man retained a number of prisoners as bondsmen ; they . . . were branded or tattooed with the particular mark of the owner on the face or arm, or had one of their front teeth extracted." 74 CEREMONIAL INSTITUTIONS. later times to imply the service of different deities, is sug gested by passages in Revelations, where an angel is de scribed as ordering delay " till we have sealed the servants of our God in their foreheads/' and where " an hundred and forty and four thousand, having his Father's name written in their foreheads," are described as standing on Mount Sion while an angel proclaims that, " If any man worship the beast and his image, and receive his mark in his forehead, or in his hand, the same shall drink of the wine of the wrath of God." Even now " this practice of marking religious to kens upon the hands and arms is almost universal among the Arabs, of all sects and classes." Moreover " Christians in some parts of the East, and European sailors, were long in the habit of marking, by means of punctures and a black dye, their arms and other members of the body with the sign of the crucifix, or the image of the Virgin ; the Mahomme- dans mark them with the name of Allah." So that among advanced races, these skin-mutilations still have meanings like those given to them in ancient Mexico, where, when a child was dedicated to Quetzalcohuatl " the priest made a slight cut with a knife on its breast, as a sign that it belonged to the cult and service of the god," and like those now given to them in parts of Angola, where a child as soon as born is tattooed on the belly, in order thereby to dedicate it to a cer tain fetich. A significant group of evidences remains. "We have seen that where cropped hair implies servitude, long hair be comes an honourable distinction; and that, occasionally, in opposition to circumcision as associated with subjection, there is absence of it along with the highest power. Here we have a parallel antithesis. The great divine chief of the Tongans is unlike all other men in Tonga, not only as being uncircumcised, but also as being untattooed. Elsewhere whole classes are thus distinguished. iSTot, however, that such distinctions are at all regular: we here meet with anomalies. Though in some places showing social inferior- MUTILATIONS. 75 ity, tattooing in other places is a trait of the superior. But the occurrence of anomalies is not surprising. During the perpetual overrunnings of race by race, it must sometimes have happened that an untattooed race having been con quered by one which practised tattooing, the presence of these markings became associated with social supremacy. A further cause exists for this conflict of meanings. There remains to be named a species of skin-mutilation having another origin and different implication. § 365. Besides scars resulting from lacerations made in propitiating dead relatives, dead chiefs, and deities, there are scars resulting from wounds received in battle. All the world over, these are held in honour and displayed with pride. The sentiment associated with them among our selves in past times, is indicated in Shakespeare by sundry references to " such as boasting shew their scars." Lafeu says — " a scar nobly got, or a noble scar, is a good livery of honour; " and Henry V. foretells of an old soldier that ' then will he strip his sleeve and shew his scars." Animated as are savages in still higher degrees than civilized by the feelings thus indicated, what may be expected to result? Will not anxiety to get honour some times lead to the making of scars artificially? We have evidence that it does. A Bechuana priest makes a long cut in the skin from the thigh to the knee of each warrior who has slain a man in battle. The Bachapin Kaffirs have a kindred usage. Among the Damaras, " for every wild animal that a young man destroys, his father makes four small incisions on the front of the son's body as marks of honour and distinction." And then Tuckey, speaking of certain Congo people who make scars, says that this is " principally done with the idea of rendering themselves agreeable to the women: " a motive which is intelligible if such scars originally passed for scars got in war, and imply ing bravery. Again, we read that " the Itzaex Indians [in 76 CEREMONIAL INSTITUTIONS. Yucatan] have handsome faces, though some of them were marked with lines as a sign of courage." Facts furnished by other American tribes, suggest that the inflic tion of torture on reaching maturity, originated from the habit of making scars artificially in imitation of scars be queathed by battle. If self -in jury to avoid service in war has been not infrequent among the cowardly, we may infer that among the courageous who had received no wounds, self -in jury might be not infrequent, where there was gained by it that character desired above everything. The reputa tion achieved might make the practice, at first secret and ex ceptional, gradually more common and at length general; until, finally, public opinion, vented against those who did not follow it, made the usage peremptory. And on reading that among the Abiponcs, " boys of seven years old pierce their little arms in imitation of their parents, and display plenty of wounds," we are shown the rise of a feeling, and a consequent practice, which, growing, may end in a system of initiatory tortures at manhood. Though when the scars, being borne by all, are no longer distinctive, discipline in endurance comes to be the reason given for inflicting them, this cannot have been the original reason. Primitive men, improvident in all ways, never devised and instituted a usage with a view to a foreseen distant benefit: they do not make laws, they fall into customs. Here, then, we find an additional reason why markings on the skin, though generally badges of subordination, be come in some cases honourable distinctions and occasionally signs of rank. § 360. Something must be added concerning a second ary motive for mutilating prisoners and slaves, parallel to, or sequent upon, a secondary motive for taking trophies. Tn the last chapter we inferred that, prompted by his belief that the spirit pervades the corpse, the savage pre serves relics of dead enemies partly in the expectation that MUTILATIONS. 77 lie will be enabled thereby to coerce their ghosts — if not himself, still by the help of the medicine-man. He has a parallel reason for preserving a part cut from one whom he has enslaved : both he and the slave think that he so obtains a power to inflict injury. Remembering that the sorcerer's first step is to procure some hair or nail-parings of his victim, or else some piece of his dress pervaded by that odour which is identified with his spirit; it appears to be a necessary corollary that the master who keeps by him a slave's tooth, a joint from his little finger, or even a lock of his hair, thereby retains a power of delivering him over to the sorcerer, who may bring on him one or other fearful evil — torture by demons, disease, death. The subjugated man is consequently made obedient by a dread akin to that which Caliban expresses of Prospero's magically-inflicted torments. § 367. The evidence that mutilation of the living has been a sequence of trophy-taking from the slain, is thus abundant and varied. Taking the trophy implies victory carried to the death; and the derived practice of cutting off a part from a prisoner implies subjugation of him. Eventually the voluntary surrender of such a part expresses submission; and becomes a propitiatory ceremony because it does this. Hands are cut off from dead enemies; and, answering to this, besides some identical mutilations of criminals, we have the cutting off of fingers or portions of fingers, to pacify living chiefs, deceased persons, and gods. Noses are among the trophies taken from slain foes; and we have loss of noses inflicted on captives, on slaves, on transgressors of certain kinds. Ears are brought back from the battle-field; and occasionally they are cut off from prisoners, felons, or slaves; while there are peoples among whom pierced ears mark the servant or the subject. Jaws and teeth, too, are trophies; and teeth, in some cases knocked out in 78 CEREMONIAL INSTITUTIONS. propitiation of a dead chief, arc, in various other cases, knocked out by a priest as a quasi-religious ceremony. Scalps are taken from killed enemies, and sometimes their hair is used to decorate a victor's dress; and then come various sequences. Here the enslaved have their heads cropped; here scalp-locks are worn subject to a chief's ownership, and occasionally demanded in sign of submis sion; while, elsewhere, men sacrifice their beards to their rulers: unshorn hair being thus rendered a mark of rank. Among numerous peoples, hair is sacrificed to propitiate the ghosts of relatives; whole tribes cut it off on the deaths of their chiefs or kings; and it is yielded up to express subjection to deities. Occasionally it is offered to a living superior in token of respect; and this complimen tary offering is extended to others. Similarly with genital mutilations: there is a like taking of certain parts from slain enemies and from living prisoners; and there is a presentation of them to kings and to gods. Self -bleed ing, initiated partly, perhaps, by cannibalism, but more exten sively by the mutual giving of blood in pledge of loyalty, enters into several ceremonies expressing subordination: \ve find it occurring in propitiation of ghosts and of gods, and occasionally as a compliment to living persons. Xatu- rally it is the same with the resulting marks. Originally indefinite in form and place but rendered definite by custom, and at length often decorative, these healed wounds, at first entailed only on relatives of deceased per sons, then on all of the followers of a man much feared while alive, so become marks expressive of subjection to a dead ruler, and eventually to a god: growing thus into tribal and national marks. If, as we have seen, trophy-taking as a sequence of con quest enters as a factor into those governmental restraints which conquest initiates, it is to be inferred that the mutila tions originated by trophy-taking will do the like. The eAridence justifies this inference. Beginning as marks of MUTILATIONS. 79 personal slavery and becoming marks of political and religious subordination, they play a part like that of oaths of fealty and pious self-dedications. Moreover, being acknowledgments of submission to a ruler, visible or in visible, they enforce authority by making conspicuous the extent of his sway. And where they signify class-subjec tion, as well as where they show the subjugation of crimi nals, they further strengthen the regulative agency. If mutilations originate as alleged, some connexion must exist between the extent to which they are carried and the social type. On grouping the facts as presented by fifty-two peoples, the connexion emerges with as much clearness as can be expected. In the first place, since mutilation originates with conquest and resulting aggre gation, it is inferable that simple societies, however savage, will be less characterized by it than the larger savage socie ties compounded out of such, and less than even semi-civil ized societies. This proves to be true. Of peoples who form simple societies that practice mutilation either not at all or in slight forms, I find eleven — Fuegians, Yeddahs, Andamanese, Dyaks, Todas, Gonds, Santals, Bodo and Dhimals, Mishmis, Kamstchadales, Snake Indians; and these are characterized throughout either by absence of chieftainship, or by chieftainship of an unsettled kind. Meanwhile, of peoples who mutilate little or not at all, I find but two in the class of uncivilized compound societies; of which one, the Kirghiz, is characterized by a wandering life that makes subordination difficult; and the other, the Iroquois, had a republican form of government. Of socie ties practising mutilations that are moderate, the simple bear a decreased ratio to the compound: of the one class there are ten — Tasmanians, Tannese, ^N"ew Guinea people, Karens, Nagas, Ostyaks, Esquimaux, Chinooks, Comanches, Chippewayans ; while of the other class there are five — New Zealanders, East Africans, Khonds, Kukis, Kalmucks. And of these it is to be remarked, that in the one class the 80 CEREMONIAL INSTITUTIONS. simple headship, and in the other class the compound head ship, is unstable. On coming- to the societies distinguished by severer mutilations, we find these relations reversed. Among the simple I can name but three — the Xew Cale donians (among whom, however, the severer mutilation is not general), the Bushmen (who arc believed to have lapsed from a higher social state), and the Australians (who have, I believe, similarly lapsed); while, among the compound, twenty-one may be named — Fijians, Sandwich Islanders, Tahitians, Tongans, Samoans, Javans, Sumatrans, Mala gasy, Hottentots, Damaras, Eechuanas, Kaffirs, Congo peo ple, Coast Negroes, Inland Negroes, Dahomans, Ashantees, Fulahs, Abyssinians, Arabs, Dacotahs. In the second place, social consolidation being habitually effected by conquest, and compound and doubly-compound societies being therefore, during early stages, militant in their activi ties and types of structure, it follows that the connexion of the custom of mutilation with the size of the society is indirect, while that with its type is direct. And this the facts show us. If we put side by side those societies which are most unlike in respect of the practice of mutilation, we find them to be those which are most unlike as being wholly unmilitant in organization, and wholly militant in organiza tion. At the one extreme we have the Yedda^, Todas, Bodo and Dhimals; while, at the other extreme, we have the Fijians, Abyssinians, and ancient Mexicans. Derived from trophy-taking, and developing with the development of the militant type, mutilations must, by implication, decrease as fast as the societies consolidated by militancy become less militant, and must disappear as the industrial type of structure evolves. That they do so, European history at large may be assigned in proof. And it is significant that in our own society, now predominant ly industrial, such slight mutilations as continue are con nected with that regulative part of the organization which militancy has bequeathed: there survive only the now- MUTILATIONS. 81 meaningless tattooings of sailors, the branding of deserters (until recently), and the cropping of the heads of felons. NOTE TO CHAPTER III. At the Royal Institution, in April, 1882, Dr. E. B. Tylor deliv ered a lecture on "The Study of Customs " (afterwards published in Macmittan's Magazine for May, 1882), which was primarily an attack on this work. One of the objections he made concerns the interpretation of scars and tatooings as having originated in offerings of blood to the dead ; and as becoming, by consequence, marks of subordination to them, and afterwards of other subordination. He says : — "Now the question here is not to determine whether all this 5s imaginable or possible, but what the evidence is of its having actually happened. The Levitical law is quoted, ' Ye shall not make any cuttings in your flesh for the dead, nor print any marks upon you.' This Mr. Spencer takes as good evidence that the cutting of the flesh at the funeral develops into a mark of subjection." But Dr. Tylor ignores the fact that I have referred to the Huns, the Turks, the Lacedaemonians, as following customs such as Leviti cus interdicts (besides eight cases of like lacerations, leaving marks, in § 89). Nor does he hint that there are uncited cases of like mean ing: instance the ancient Scythians, among whom, according to He rodotus (iv. 71), each man in presence of a king's corpse, "makes a cut all round his arm, lacerates his forehead and his nose, and thrusts an arrow through his left hand;" or instance some modern Australians, who, says Grey, on the authority of Bussel, "placed the corpse beside the grave and gashed their thighs, and at the flowing of the blood they all said — ' I have brought blood ' " (p. 882). Not only does Dr. Tylor lead readers to suppose that the evidence I have taken from Leviticus is unsupported by like evidence elsewhere de rived, but he passes over the fact that this form of bodily mutilation is associated by me with other forms, similarly originating and having similar sequences. He omits to say that I have named four peoples among whom amputated fingers are offered in propitiation of the dead ; two among whom they are given in propitiation of a god ; and one — the ferocious Fijians — among whom living persons also are pro pitiated by sacrificed ringers; and that I have joined this last with the usage of the Canaanites, among whom amputated thumbs and toes marked conquered men, and hence became signs of subordina tion. He did not tell his hearers that, as mutilations entailed by trophy-taking, I have named the losses of hands, feet, parts of the ears and nose, and parts of the genital organs ; and have shown that habitually, the resulting marks have come to signify subjection to powerful persons, living or dead. Concerning all this direct and in direct support of my inference he is silent ; and he thus produces the suppression that it is almost baseless. Moreover, in contesting the conclusion that tatooing was derived from lacerations at funerals, he leaves it to be supposed that this is a mere guess : saying nothing of my quotation from Burton to the effect that these skin-mutilations 82 CEREMONIAL INSTITUTIONS. show all gradations from large gashes to diminutive pricks, and say ing nothing of the instances I have given in which a tatoo-mark sig nifies subjection to a ruler, human or divine. And then, after assert ing that of "cogent proof there is simply none,'' he inadvertently furnishes a proof of considerable cogency — the fact that by lines of tatooing joined to it, the U branded on deserters was often changed by them into the handle of a sword : a decorative skin-mark was de rived from a skin mark that was not decorative. My inference that the cropping of the hair of felons is a survival, is supported by more evidence than that given in the text. Dr. Tylor, however, prefers to regard it as an entirely modern regulation to in sure cleanliness: ignoring the truth, illustrated by himself, that usages often survive after their original purpose has been forgotten, and are then misinterpreted. The remaining three errors alleged (which arc all incidental, and, if substantiated, would leave the main propositions unshaken) con cern chapters that follow. One only of them is, I think, estab lished. Good reason is given for dissenting from my interpretation of the colours used in different countries for mourning (an inter pretation not embodied in the argument of Chapter VI, but merely appended as a note, which, in this edition, I have changed). The other two, concerning the wearing of two swords by upper-class Jap anese, and the origin of shaking hands, I leave standing as they did ; partly because I see further reasons for thinking them true, and part ly because Dr. Tylor's explanations fail to account for the origin of the one as a mark of rank, and of the other as a mark of friendship. Dr. Tylor's avowed purpose is to show that my method " vitiates the whole argument: " having previously asserted that my method is to extract "from laws of nature the reasons how and why men do all thing;." It is amusing to place by the side of this the assertion of The Times' reviewer (March llth, 1880), who says that my method is "to state the facts as simply as possible, with just a word or two on their mutual bearings and their place in his |my| 'system ;'" and who hints that I have not sufficiently connected the facts with " prin ciples " ! The one says I proceed exclusively by deduction ; the other says that I proceed almost exclusively by induction ! But the reader needs not depend on authority: the evidence is before him. In it he will, I think, fail to recognize the truth of Dr. Tylor's statement; and, having thus tested one of his statements, will see that others of his statements are not to be taken as valid simply because I do not occupy time and space in contesting them. CHAPTER IV. PRESENTS. § 368. Travellers, coming in contact with strange peo ples, habitually propitiate them by gifts. Two results are achieved. Gratification caused by the worth of the thing given, tends to beget a friendly mood in the person ap proached; and there is a tacit expression of the donor's de sire to please, which has a like effect. It is from the last of these that gift-making as a ceremony proceeds. The alliance between mntilations and presents — be tween offering a part of the body and offering something else — is well shown by a statement respecting the ancient Peru vians; which also shows how present-making becomes a propitiatory act, apart from the value of the thing presented. Describing people who carry burdens over the high passes, Garcilasso says they unload themselves on the top, and then severally say to the god Pachacamac,— '"I give thanks that this has been carried,' and in making an offering they pulled a hair out of their eyebrows, or took the herb called cuca from their mouths, as a gift of the most precious things they had. Or if there was nothing better, they offered a small stick or piece of straw, or even a piece of stone or earth. There were great heaps of these offerings at the summits of passes over the mountains." Though, coming in this unfamiliar form, these offerings of parts of themselves, or of things they prized, or of worthless things, seems strange, they will seem less strange on remem bering that at the foot of a wayside crucifix in France, may 84 CEREMONIAL INSTITUTIONS. any day be seen a heap of small crosses, severally made of two bits of lath nailed together. Intrinsically of no more value than these straws, sticks, and stones the Peruvians offered, they similarly force on our attention the truth that the act of presentation passes into a ceremony expressing the wish to conciliate. How natural is this substitution of a nominal giving for a real giving, where a real giving is impracticable, we arc shown even by intelligent animals. A retriever, accustomed to please his master by fetching killed birds, &c., will fall into the habit at other times of fetching things to show his desire to please. On first seeing in the morning some one he is friendly with, he will add to his demonstrations of joy, the seeking and bringing in his mouth a dead leaf, a twig, or any small available object lying near. And, while serving to show the natural genesis of this propitiatory ceremony, his behaviour serves also to show how deep down there begins the process of symboliza- tion; and how, at the outset, the symbolic act is as near a repetition of the act symbolized as circumstances allow. Prepared as we thus are to trace the development of gift-making into a ceremony, let us now observe its several varieties, and the social arrangements eventually derived from them. § 3G9. In headless tribes, and in tribes of which the headship is unsettled, and in tribes of which the headship though settled is feeble, making presents does not become an established usage. Australians, Tasmanians, Fuegians are instances; and on reading through accounts of wild American races that are little organized, like the Esqui maux, Chinooks, Snakes, Comanches, Chippewas, or are organized in a democratic manner, like the Iroquois and the Creeks, we find, along with absence of strong personal rule, scarcely any mention of gift-making as a political ob servance. In apt contrast come accounts of usages among those PRESENTS. 85 American races which in past times reached, under despotic governments, considerable degrees of civilization. Torque- mada writes that in Mexico, " when any one goes to salute the lord or king, he takes with him flowers and gifts." Of the Chibchas we read that " when they brought a present in order to negotiate or speak with the cazique (for no one went to visit him without bringing a gift), they entered with the head and body bent downwards.'7 Among the Yucatanese, " when there was hunting or fishing or salt- carrying, they always gave a part to the lord." Peoples of other types, as the Malayo-Polynesians, living in kindred stages of social progress under the undisputed sway of chiefs, exemplify this same custom. Speaking of things bartered to the Tahitian populace for food, native cloth, &c., Forster says — " However, we found that after some time all this acquired wealth flowed as presents, or voluntary ac knowledgments, into the treasure of the various chiefs." In Fiji, again, " whoever asks a favour of a chief, or seeks civil intercourse with him, is expected to bring a present." These last cases show us how making presents passes from a voluntary propitiation into a compulsory propitia tion; for on reading that " the Tahitian chiefs plundered the plantations of their subjects at will," and that in Fiji, " chiefs take the property and persons of others by force; " it becomes manifest that present-making develops into the giving of a part to prevent loss of the whole. It is the policy at once to satisfy cupidity and to express submission. ' The Malagasy, slaves as well as others, occasionally make presents of provisions to their chiefs, as an acknowledgment of homage." And it is inferable that in proportion to the power of chiefs, will be the anxiety to please them; both by forestalling their greedy desires and by displaying loyalty. In few if any cases, however, does the carrying of gifts to a chief become so developed a usage in a simple tribe. At first the head man, not much differentiated from the rest, 64 86 CEREMONIAL INSTITUTIONS. fails to impress them witji a fear great enough to make present-giving an habitual ceremony. It is only in a com pound society, resulting from the over-running of many tribes by a conquering tribe, that there comes a governing class, formed of head-chief and sub-chiefs, sufficiently dis tinguished from the rest, and sufficiently powerful to inspire the required awe. The above examples are all taken from societies in which kingship has been reached. § 370. A more extended form is simultaneously as sumed by this ceremony. For where along with subordi nate rulers there exists a chief ruler, he has to be propitiated alike by the people at large and by the subordinate rulers. We must here observe the growth of both kinds of gift- making that hence arise. A place in which the usage has retained its primitive character is Timbuctoo. Here " the king does not levy any tribute on his subjects or on foreign merchants, but he receives presents." But Caillie adds — " There is no regular government. The king is like a father ruling his children." AVhen disputes arise, he " assembles a council of the elders." That is to say, present-giving remains voluntary where the kingly power is not great. Among the Kaffirs, we see gifts losing their voluntary character. u The revenue of the king consists of an annual contribution of cattle, first-fruits," etc.; and u when a Koossa [Kaffir] opens his granary he must send a little of the grain to his neighbours, and a larger portion to the king." In Abyssinia there is a like mixture of exactions and spontaneous gifts: besides settled contribu tions, the prince of Tigre receives annual presents. Evi dently when presents that have become customary have ceased in so far to be propitiatory, there is a tendency to make other presents that are propitiatory because unex pected. If an offering made by a private person implies submis sion, still more does an offering made by a subordinate ruler PRESENTS. 87 to a supreme ruler. Hence the making of presents grows into a formal recognition of supremacy. In ancient Yera Pas, " as soon as some one was elected king ... all the lords of the tribes appeared or sent relations of theirs . . . with presents." Among the Cliibclias, when a new king- came to the throne, " the chief men then took an oath that they would be obedient and loyal vassals, and as a proof of their loyalty each one gave him a jewel and a number of rabbits, &c." Of the Mexicans, Toribio says — " Each year, at certain festivals, those Indians who did not pay taxes, even the chiefs . . . made gifts to the sovereigns ... in token of their submission." And so in Peru, " no one ap proached Atahuallpa without bringing a present in token of submission." This significance of gift-making is shown in the records of the Hebrews. In proof of Solomon's supremacy it is said that " all the kings of the earth sought the presence of Solomon . . . and they brought every man his present ... a rate year by year." Con versely, when Saul was chosen king " the children of Belial said, How shall this man save us? And they despised him, and brought him no presents." Throughout the remote East the bringing of presents to the chief ruler has still the same meaning. I have before me illustrative facts from Japan, from China, from Burmah. Nor does early European history fail to exemplify pres ent-giving and its implications. During the Merovingian period " on a fixed day, once a-year, in the field of March, according to ancient custom, gifts were offered to the kings by the people; " and this custom continued into the Carolin- gian period. Such gifts were made alike by individuals and communities. From the time of Gontram, who was over whelmed with gifts by the inhabitants of Orleans on his en try, it long continued the habit with towns thus to seek the goodwill of monarchs who visited them. In ancient Eng land, too, when the monarchs visited a town, present-mak ing entailed so heavy a loss that in some cases " the passing 88 CEREMONIAL INSTITUTIONS. of the royal family and court was viewed as a great misfor tune." § 371. Grouped as above, the evidence implies that from propitiatory presents, voluntary and exceptional to be gin with but becoming as political power strengthens less voluntary and more general, there eventually grow up universal and involuntary contributions — established trib ute; and that with the rise of a currency this passes into taxation. How this transformation takes place, is well shown in Persia. Speaking of the " irregular and oppres sive taxes to which they [the Persians] are continually ex posed/' Malcolm says — " The first of these extra taxes may be termed usual and extraordinary presents. The usual presents to the king are those made annually by all govern ors of provinces and districts, chiefs of tribes, ministers, and all other officers in high charge, at the feast of Xourouze, or vernal equinox. . . . The amount presented on this occasion is generally regulated by usage ; to fall short is loss of office, and to exceed is increase of favour." The passing of present-making into payment of tribute as it becomes periodic, is clearly exemplified in some com paratively small societies where govern mntal power is well established. In Tonga " the higher class of chiefs generally make a present to the king, of hogs and yams, about once a fortnight : these chiefs at the same time receive presents from those below them, and these last from others, and so on, down to the common people." Ancient Mexico, formed of provinces dependent in various degrees, exhibited several stages of the transition. " The provinces . . . made these contributions . . . since they were conquered, that the gallant Mexicans might . . . cease to destroy them: " clearly showing that the presents were at first pro pitiatory. Again, " in Meztitlan the tribute was not paid at fixed times . . . but when the lord wanted it." Then of the tributes throughout the country of Montezuma, we are PRESENTS. §9 told that " some of these were paid annually, others every six months, and others every eighty days." And further of the gifts made at festivals by some " in token of their submission/' Toribio says — " In this way it seems manifest that the chiefs, the merchants, and the landed proprietors, were not obliged to pay taxes, but did so voluntarily." A like transition is traceable in early European history. Among the sources of revenue of the Merovingian kings, Waitz enumerates the freewill gifts of the people on various occasions, besides the yearly presents made originally at the March gatherings. And then, speaking of these yearly presents in the Carolingian period, the same writer says they had long lost their voluntary character, and are even described as a tax by Hincmar. They included horses, gold, silver, and jewels, and (from nunneries) garments, and requisitions for the royal palaces; and he adds that these dues, or trib uta, were all of a more or less private character : though compulsory they had not yet become taxes in the literal sense. So, too, with the things presented to minor rulers by their feudal dependants. " The dona, after hav ing been, as the name sufficiently indicates, voluntary gifts, were in the twelfth century become territorial dues received by the lords." In proportion as values became more definite and pay ments in coin easier, commutation resulted. Instance, in the Carolingian period, " the so-called mferenda — a due originally paid in cattle, now in money; " instance the oublies, consisting of bread " presented on certain days by vassals to their lords," which " were often replaced by a small annual due in money; " instance, in our own history, the giving of money instead of goods by towns to a king and his suite making a progress through them. The evi dence may fitly be closed with the following passage from Stubbs : — " The ordinary revenue of the English king had been derived solely from the royal estates and the produce of what had been the 90 CEREMONIAL INSTITUTIONS. folkland, with such commuted payments of feormfultum, or provision in kind, as represented either the reserved rents from ancient posses sions of the crown, or the quasi-voluntary tribute paid by the nation to its chosen head." In which passage are simultaneously implied the transition from voluntary gifts to involuntary tribute, and the commu tation of tribute into taxes. § 372. If voluntary gifts to the supreme man by-and-by become tribute, and eventually form a settled revenue, may we not expect that gifts made to his subordinates, when their aid is wished, will similarly become customary, and at length yield them maintenance? Will not the process above indicated in relation to the major State-functionary, repeat itself with the minor State-functionaries? We find that it does so. First it is to be noted that, besides ordinary presents, the ruling man in early stages commonly has special presents made to him when called on to use his power in aid of an aggrieved subject. Among the Chibchas, " no one could appear in the presence of a king, cazique, or superior, with out bringing a gift, which was to be delivered before the petition was made." In Sumatra, a chief " levies no taxes, nor has any revenue, ... or other emolument from his subjects, than what accrues to him from the deter mination of causes." Of Gulab Singh, a late ruler of Jummoo, Mr. Drew says — " With the customary offering of a rupee as nazar [present] any one could get his ear; even in a crowd one could catch his eye by holding up a rupee and crying out. . . . ' Maharajah, a petition.' lie would pounce down like a hawk on the money, and, having appropriated it, would patiently hear out the petitioner." There is evidence that among ourselves in ancient days a kindred usage existed. " We may readily believe," says Broom, referring to a statement of Lingard, " that few princes in those [Anglo-Saxon] days, declined to exercise PRESENTS. 91 judicial functions when solicited by favourites, tempted by bribery, or stimulated by cupidity and avarice/7 And on reading that in early Norman times " the first step in the process of obtaining redress was to sue out, or purchase, by paying the stated fees," the king's original writ, re quiring the defendant to appear before him, we may suspect that the amount paid for this document represented what had originally been the present to the king for giving his judicial aid. There is support for this inference. Black- stone says: — " Now, indeed, even the royal writs are held to be demandable of common right, on paying the usual fees: " implying a preceding time in which the granting of them was a matter of royal favour obtained by propitiation. Naturally, then, when judicial and other functions come to be deputed, gifts will similarly be made to obtain the services of the functionaries; and these, originally vol untary, will become compulsory. Ancient records yield evidence. Amos ii. 6, implies that judges received presents; as are said to do the Turkish magistrates in the same regions down to our day ; and on finding that habitually among the Kirghis, " the judge takes presents from both sides," we see that the assumption of the prophet, and of the modern ob server, that this usage arose by a corruption, adds one to those many cases in which survival of a lower state is mis taken for degradation of a higher. In France, the king in 1256 imposed on his judicial officials, " high and subal terns, an oath to make or receive no present, to administer justice without regard to persons." Nevertheless gifts con tinued. Judges received " spices " as a mark of gratitude from those who had won a cause. By 1369, if not before, these were converted into money; and in 1402 they were recognized as dues. In our own history the case of Bacon exemplifies not a special and late practice, but an old and usual one. Local records show the habitual making of gifts to officers of justice and their attendants; and " no approach to a great man, a magistrate, or courtier, was ever made 92 CEREMONIAL INSTITUTIONS. without tlie oriental accompaniment — a gift." " Damage cleer," a gratuity to prothonotaries, had become in the seventeenth century, a fixed assessment. That the pres ents to State-functionaries formed, in some cases, their entire revenues, is inferable from the fact that in the twelfth century the great offices of the royal household were bought: the value of the presents received was great enough to make the places worth buying. Good evidence comes from Russia. Karamsin ".repeats the observations of the travel lers who visited Muscovy in the sixteenth century: — ' Is it surprising,' says these strangers, ' that the Grand Prince is rich ? He neither gives money to his troops nor his ambassa dors; he even takes from these last all the costly things they bring back from foreign lands. . . . Nevertheless these men do not complain.' ' Whence we must infer that, lacking payments from above, they lived on gifts from be low. Whence, further, it becomes manifest that what we call the bribes, which the miserably-salaried officials in Rus sia now require before performing their duties, represent the presents which formed their sole maintenance in times when they had no salaries. And the like may be inferred respect ing Spain, of which Rose says: — " From judge down to constable, bribery and corruption prevail. . . . There is this excuse, however, for the poor Spanish official. His gov ernment gives him no remuneration, and expects every thing of him." So natural has habit now made to us the payment of fixed sums for specified services, that we assume this relation to have existed from the beginning. But when we read how, in slightly-organized societies, such as that of the Bechuanas, the chiefs allow their attendants " a scanty portion of food or milk, and leave them to make up the deficiency by hunting or by digging up wild roots; " and how, in societies considerably more advanced, as Dahomey, " no officer under government is paid; " we are shown that originally the subordinates of the chief man, not officially PRESENTS. 93 supported, have to support themselves. And as their positions enable them to injure or to benefit subject persons — as, indeed, it is often only by their aid that the chief man can be invoked; there arises the same motive to propitiate them by presents that there does to propitiate by presents the chief man himself. Whence the parallel growth of an income. Here, from the East, is an illustration come upon since the foregoing sentences were first published: — " Xone of these [servants or slaves] receive any wages, but the master presents each with a suit of clothes at the great yearly festival, and gifts are also bestowed upon them, mostly in money (bakshish), from such visitors as have business with their master, and desire a good word spoken to him at the opportune moment." § 373. Since, at first, the double of the dead man, like him in all other respects, is conceived as being no less liable to pain, cold, hunger, thirst; he is supposed to be similarly propitiated by providing for him food, drink, clothing, etc. At the outset, then, presents to the dead differ from presents to the living neither in meaning nor motive. Lower forms of society all over the world furnish proofs. Food and drink are left with the unburied corpse by Papuans, Tahitians, Sandwich Islanders, Malanans, Ba- dagas, Karens, ancient Peruvians, Brazilians, &c. Food and drink are afterward carried to the grave in Africa by the Sherbro people, the Loango people, the inland Xegroes, the Dahomans, and others; throughout the Indian hills by Bhils, Santals, Kukis; in America by Caribs, Chibchas, Mexicans; and the like usage was general among ancient races in the East. Clothes are periodically taken as pres ents to the dead by the Esquimaux. In Patagonia they an nually open the sepulchral chambers and re-clothe the dead ; as did, too, the ancient Peruvians. When a potentate dies among the Congo people, the quantity of clothes given from time to time is so great " that the first hut in which the body 94 CEREMONIAL INSTITUTIONS. is deposited becoming too small, a second, a third, even to a sixth, increasing in dimensions, is placed over it." And, occasionally, the gifts made by subordinate rulers to the ghost of a supreme dead ruler, simulate the tribute paid to him when living. Concerning a royal funeral in Toiiquin, Tavernier writes:— "There proceeds afterwards Six Princesses who carry Meat and Drink for the deceased King. . . . Four Governours of the four chief provinces of the Kingdom, each bearing a stick on his shoulder, on which hangs a bag full of Gold and several Perfumes, and these bags contain the Presents which the several Provinces make unto the deceased King, for to be buried with his corps, that he may make use of the same in the other World." Nor can there be any doubt about the likeness of intention. When we read that a chief among the New Caledonians says to the ghost of his ancestor — " Compassionate father, here is some food for you; eat it; be kind to us on account of it; " or when the Yeddah, calling by name a deceased rela tive, says — " Come and partake of this. Give us mainte nance, as you did when living; " we see it to be undeniable that present-giving to the dead is like present-giving to the living, with the difference that the receiver is invisible. Noting only that there is a like motive for a like propitia tion of the undistinguished supernatural beings which primitive men suppose to be all around them — noting that whether it be in the fragments of bread and cake left for elves by our Scandinavian ancestors, or in the eatables which Dyaks place on the tops of their houses to feed the spirits, or in the portions of food cast aside and of drink poured out for the ghosts before beginning their meals, by various races throughout the world; let us go on to observe the developed present-making to the developed supernatural being. The things given and the motives for giving them remain the same; though the sameness is disguised by the use of different words — oblations to a deity and presents to a living person. The original identity is well shown in the PRESENTS. 95 statement concerning the Greeks — " Gifts, as an old prov erb says, determine the acts of gods and kings; " and it is equally well shown by a verse in the Psalms (Ixxvi. 11)— " Vow, and pay nnto the Lord your God: let all that be round about him bring presents unto him that ought to be feared." Observe the parallelism in detail. Food and drink, which constitute the earliest kind of propitiatory gift to a living person, and also the earliest kind of propitiatory gift to a ghost, remain everywhere the essential components of an oblation to a deity. As, where political power is evolving, the presents sent to the chief at first consist mainly of sustenance; so, where ancestor- worship, developing, has expanded a ghost into a god, the offerings have as elements common to them in all places and times, things serving for nutrition. That this is so in low societies no proof is needed; and that it is so in higher societies is also a conspicuous fact; though a fact ignored where its significance is most worthy to be remarked. If a Zulu slays an ox to secure the goodwill of his dead relative's ghost, who complains to him in a dream that lie has not been fed — if among the Zulus this private act develops into a public act when a bullock is periodically killed as " a pro pitiatory Offering to the Spirit of the King's immediate Ancestor; " we may, without impropriety, ask whether there do not thus arise such acts as those of an Egyptian king, who by hecatombs of oxen hopes to please the ghost of his deified father; but it is not supposable that there w7as any kindred origin for the sacrifices of cattle to Jahveh, con cerning which such elaborate directions are given in Leviti cus. AVhen we read that among the Greeks " it was cus tomary to pay the same offices to the gods which men stand in need of: the temples were their houses, sacrifices their food, altars their tables; " it is permissible to observe the analogy between these presents of eatables made to gods, and. the presents of eatables made at graves to the dead, as being both derived from similar presents made to the 96 CEREMONIAL INSTITUTIONS. living ; but that the presentation of meat, bread, fruits, and liquors to Jahveh had a kindred derivation, is a thought not to be entertained — not even though we have a complete parallel between the cakes which Abraham bakes to refresh the Lord Avheii he conies to visit him in his tent on the plains of Mamre, and the shew-bread kept on the altar and from time to time replaced by other bread fresh and hot (1 Sain, xxi, 6). Here, however, recognizing these paral lelisms, it may be added that though in later Hebrew times the original and gross interpretation of sacrifices became obscured, and though the primitive theory has since under gone gradual dissipation, yet the form survives. The offer tory of our Church still retains the words — " accept our alms and oblations; " and at her coronation, Queen Victoria offered on the altar, by the hands of the archbishop, " an altar-cloth of gold and an ingot of gold," a sword, then " bread and wine for the communion," then " a purse of gold," followed by a prayer " to receive these oblations." Evidence from all parts of the world thus proves that oblations are at first literally presents. Animals are given to kings, slain on graves, sacrificed in temples ; cooked food is furnished to chiefs, laid on tombs, placed on altars; first- fruits are presented to living rulers, to dead rulers, to gods; here beer, here wine, here c/tica, is sent to a potentate, offered to a ghost, and poured out as libation to a deity; incense, burnt before ancient kings, and in some places burnt before distinguished persons, is burnt before gods in various places; and besides such consumable things, valua bles of every kind, given to secure goodwill, are accumu lated in royal treasuries and in sacred temples. There is one further remark of moment. We sawr that the present to the visible ruler was at first propitiatory because of its intrinsic worth, but came afterwards to have an extrinsic propitiatory effect as implying loyalty. Similarly, the presents to the invisible ruler, primarily considered as directly useful, secondarily come to signify obedience; and PRESENTS. 97 their secondary meaning gives that ceremonial character to sacrifice which still survives. § 374. And now we come upon a remarkable sequence. As the present to the ruler eventually develops into political revenue, so the present to the god eventually develops into ecclesiastical revenue. Let us set out with that earliest stage in which no eccle siastical organization exists. At this stage the present to the supernatural being is often shared between him and those who worship him. While the supernatural being is propitiated by the gift of food, there is, by eating together, established between him and his propitiators a bond of union: implying protection on the one side and allegiance on the other. The primitive notion that the nature of a thing, inhering in all its parts, is acquired by those who consume it, and that therefore those who consume two parts of one thing, acquire from it some nature in common — that same notion which initiates the practice of forming a broth erhood by partaking of one another's blood, which instigates the funeral rite of blood-offering, and which gives strength to the claims established by joining in the same meal, originates this prevalent usage of eating part of that which is presented to the ghost or to the god. In some places the people at large participate in the offering; in some places the medicine-men or priests only; and in some places the last practice is habitual while the first is occasional, as in ancient Mexico, where communicants " who had partaken of the sacred food were engaged to serve the god during the subsequent year." Here the fact which concerns us is that from the presents thus used, there arises a maintenance for the sacerdotal class. Among the Kukis the priest, to pacify the angry deity who has made some one ill, takes, it may be a fowl, which he says the god Tequires, and pouring its blood as an offering on the ground while muttering praises, " then 98 CEREMONIAL INSTITUTIONS. deliberately sits down, roasts and eats the fowl, throws the refuse into the jungle and returns home." The Battas of Sumatra sacrifice to their gods, horses, buffaloes, goats, dogs, fowls, u or whatever animal the wizard happens on that day to be most inclined to eat." And by the Bustar tribes in India, Kodo Pen " is worshipped at a small heap of stones by every new-comer, through the oldest resident, with fowls, eggs, grains, and a few copper coins, which become the property of the officiating priest." Africa has more developed societies which show us a kindred arrange ment. In Dahomey, " those who have the ' cure of souls ' receive no regular pay, but live well upon the benevolences of votaries: " in their temples, " small offerings are daily given by devotees, and removed by the priests." Similarly in Ashantee, " the revenue of the fetishmen is derived from the liberality of the people. A moiety of the offerings which are presented to the fetish belongs to the priests." It is the same in Polynesia. Describing the Tahitian doc tor as almost invariably a priest, Ellis states that he received a fee, part of which was supposed to belong to the gods, be fore commencing operations. So, too, was it in the an cient states of Central America. A cross-examination narrated by Oviedo, contains the passage: — " FT. Do you offer anything else in your temples ? u Ind. Every one brings from his house what he wishes to offer — as fowls, fish, or maize, or other things — and the boys take it and put it inside the temple. it pr who eats the things thus offered ? • ' Ind. The father of the temple eats them, and what remains is eaten by the boys." And then in Peru, where worship of the dead was a main occupation of the living, the accumulated gifts to ghosts and gods had resulted in sacred estates, numerous and rich, out of which the priests of all kinds were maintained. A parallel genesis is shown us by ancient historic peopl es. Among the Greeks " the remains of the sacrifice are the PRESENTS. 90 priests' fees/' and " all that served the gods were main tained by the sacrifices and other holy offerings." ~Nor was it otherwise with the Hebrews. In Leviticus ii. 10, we read — -" And that which is left of the meat offering shall be Aaron's and his sons' " (the appointed priests) ; while other passages entitle the priest to the skin of the offering, and to the whole of the baked and fried offering. Neither does the history of early Christianity fail to exhibit the like development. " In the first ages of the Church, those deposited pietatis which are mentioned by Tertullian were all voluntary oblations." Afterwards " a more fixed main tenance was necessary for the clergy; but still oblations were made by the people. . . . These oblations [defined as i whatever religious Christians offered to God and the Church'], which were at first voluntary, became after wards, by continual payment, due by custom." In medi aeval times a further stage in the transition is shown us:— " Besides what was necessary for the communion of priests and laymen, and that which was intended for eulogies, it was at first the usage to offer all sorts of presents, which at a later date were taken to the bishop's house and ceased to be brought to the church." And then by continuation and enlargement of such donations, growing into bequests, nom inally to God and practically to the Church, there grew up ecclesiastical revenues. § 375. The foregoing statements represent all presents as made by inferiors to propitiate superiors; ignoring the presents made by superiors to inferiors. The contrast be tween the two in meaning, is well recognized where pres ent-making is much elaborated, as in China. " At or after the customary visits between superiors and inferiors, an interchange of presents takes place; but those from the former are bestowed as donations, while the latter are received as offerings : these being the Chinese terms for such presents as pass between the emperor and foreign 100 CEREMONIAL INSTITUTIONS. princes." Concerning donations something must here be said, though their ceremonial character is not marked. As the power of the political head develops, until at length he assumes universal ownership, there results a state in which he finds it needful to give back part of that which he has monopolized; and having been originally subordinated by giving, his dependants are now, to a cer tain extent, further subordinated by receiving. People of Avhom it can be said, as of the Kukis, that " all the prop erty they possess is by simple sufferance of the rajah," or people who, like the Dahomans, are owned in body and estate by their king, are obviously so conditioned that property having flowed in excess to the political centre must flow down again from lack of other use. Hence, in Dahomey, though no State-functionary is paid, the king gives his ministers and officers royal bounty. Without travelling further afield for illustrations, it will suffice if we note these relations of causes and effects in early European times. Of the ancient Germans, Tacitus says — " The chief must show his liberality, and the follower expects it. He demands at one time this war-horse; at another, that victorious lance imbrued with the enemy's blood. The prince's table, however inelegant, must always be plentiful; it is the only pay of his followers." That is, a monopolizing supremacy had, as its sequence, gratuities to dependants. Mediaeval days in France were characterized by modified forms of the same system. In the thirteenth century, " in order that the princes of the blood, the whole royal house, the great officers of the crown, and those ... of the king's household, should appear with distinction, the king gave them dresses according to the rank they held and suitably to the season at which these solemn courts were celebrated. These dresses were called liveries (livr^es) because they were delivered," as the king's free gifts: a statement showing how acceptance of such gifts went along with subordination. It needs scarcely be added that PRESENTS. 101 throughout the same stages of progress in Europe, the scattering of largesse to the people by the kings, dukes, and nobles, was similarly a concomitant of that servile position in which such return as they got for their labour in addi tion to daily sustenance, was in the shape of presents rather than in the shape of wages. Moreover, we still have in vails and Christmas-boxes to servants, y their chief, Kalmucks and Mongols desert him and go over to other chiefs. Of the Abipones Dobrizhoffer says : — " With out leave asked on their part, or displeasure evinced on his, they remove with their families whithersoever it suits them, and join some other cacique ; and when tired of the second, return with impunity to the horde of the first." Similarly in South Africa, " the frequent instances which occur [among the Balonda] of people changing from one part of the country to another, show that the great chiefs possess only a limited power." And how, through this process, some tribes grow while others dwindle, we are shown by M'Culloch's remark respecting the Kukis, that " a village, having around it plenty of land suited for cultivation and a popular chief, is sure soon, by accessions from less favoured ones, to become large." With the need which the individual has for protection, is joined the desire of the tribe to strengthen itself; and the practice of adoption, hence resulting, constitutes another mode of integration. Where, as in tribes of North American Indians, "adoption or the torture were the alternative chances of a captive" (adoption being the fate of one admired for his bravery), we see re-illustrated the tendency which each society has to grow at the expense of other societies. That desire for many actual children whereby the family may be strengthened, which Hebrew traditions show us, readily passes into the desire for factitious children — here made one with the brotherhood by exchange of blood, and there by mock birth. As was implied in § 319, it is probable that the practice of adoption into families among Greeks and Romans, arose during those early times when the wandering POLITICAL INTEGRATION. 283 patriarchal group constituted the tribe, and when the wish of the tribe to strengthen itself was dominant ; though it was doubtless afterwards maintained chiefly by the wish to have someone to continue the sacrifices to ancestors. And, indeed, on remembering that, long after larger societies were formed by unions of patriarchal groups, there continued to be feuds between the component families and clans, we may see that there had never ceased to operate on such families and clans, the primitive motive for strengthening themselves by increas ing their numbers. Kindred motives produced kindred results within more modern societies, during times when their parts were so im perfectly integrated that there remained antagonisms among them. Thus we have the fact that in mediaeval England, while local rule was incompletely subordinated to general rule, every free man had to attach himself to a lord, a burgh, or a guild : being otherwise " a friendless man," and in a danger like that which the savage is in when not belonging to a tribe. And then, on the other hand, in the law that " if a bondsman continued a year and a day within a free, burgh or municipality, no lord could reclaim him," we may recognize an effect of a desire on the part of industrial groups to strengthen themselves against the feudal groups around — • an effect analogous to that of adoption, here into the savage tribe and there into the family as it existed in more anciont societies. Naturally, as a whole nation becomes more in tegrated, local integrations lose their separateness, and their divisions fade ; though they long leave their traces, as among ourselves in the law of settlement, and as, up to 1824, in the laws affecting the freedom of travelling of artisans. These last illustrations introduce us to the truth that while at first there is little cohesion and great mobility of the units forming a group, advance in integration is habitually accom panied not only by decreasing ability to go from group to group, but also by decreasing ability to go from place to place within the group. Of course the transition from the 284 POLITICAL INSTITUTIONS. nomadic to the settled state partially implies this ; since each person becomes in a considerable degree tied by his material interests. Slavery, too, effects in another way this binding of individuals to locally-placed members of the society, and therefore to particular parts to it; and, where serfdom exists, the same thing is shown with a difference. But in highly-integrated societies, not simply those in bondage, but others also, are tied to their localities. Of the ancient Mexicans, Zurita says : — " The Indians never changed their village nor even their quarter. This custom was observed as a law." In ancient Peru, " it was not lawful for any one to remove from one province, or village, to another ; " and " any who travelled without just cause were punished as vagabonds." Elsewhere, along with that development of the militant type accompanying aggregation, there have been imposed restraints on transit under other forms. Ancient Egypt had a system of registration ; and all citizens periodi cally reported themselves to local officers. " Every Japanese is registered, and whenever he removes his residence, the ISTanushl or head man of the temple gives a certificate." And then in despotically-governed European countries we have passports-systems, hindering the journeys of citizens from place to place, and in some cases preventing them from going abroad. In these, as in other respects, however, the restraints which the social aggregate exercises over its units, decrease as the industrial type begins greatly to qualify the militant type ; partly because the (societies characterized by industralism are amply populous, and have superfluous members to fill the places of those who leave them, and partly because, in the al.uence of the oppressions accompanying a militant regime, a sufficient cohesion results from pecuniary interests, family bonds, and love of country. § 453. Thus, saying nothing for the present of that political evolution manifested by increase of structure, and restricting POLITICAL INTEGRATION. 285 ourselves to that political evolution manifested by increase of mass, here distinguished as political integration, we find that this has the following traits. "While the aggregates are small, the incorporation of materials for growth is carried on at one another's expense in feeble ways — by taking one another's game, by robbing one another of women, and, occasionally by adopting one another's men. As larger aggregates are formed, incorporations pro ceed in more wholesale ways ; first by enslaving the separate members of conquered tribes, and presently by the bodily annexation of such tribes, with their territory. And as com pound aggregates pass into doubly and trebly compound ones, there arise increasing desires to absorb adjacent smaller societies, and so to form still larger aggregates. Conditions of several kinds further or hinder social growth and consolidation. The habitat may be fitted or unfitted for supporting a large population ; or it may, by great or small facilities for intercourse within its area, favour or impede co operation ; or it may, by presence or absence of natural barriers, make easy or difficult the keeping together of the individuals under that coercion which is at first needful. And, as the antecedents of the race determine, the indi viduals may have in greater or less degrees the physical, the emotional, and the intellectual natures fitting them for combined action. While the extent to which social integration can in each case be carried, depends ii: part on these conditions, it also depends in part upon the degree of likeness among the units. At first while the nature is so little moulded to social life that cohesion is small, aggregation is largely dependent on ties of blood : implying greaf- degrees of likeness. Groups in which such ties, and the resulting congruity, are most marked, and which, having family traditions in common, a common male ancestor, and a joint worship of him, are in these further ways made alike in ideas and sentiments, are groups in which the greatest social cohesion and power of co- 286 POLITICAL INSTITUTIONS. operation arise. For a long time the clans and tribes de scending from such primitive patriarchal groups, have their political concert facilitated by this bond of relationship and the likeness it involves. Only after adaptation to social life has made considerable progress, does harmonious cooperation among those who are not of the same stock become practi cable ; and even then their unlikenesses of nature must be small. Where their unlikenesses of nature are great, the society, held together only by force, tends to disintegrate when the force fails. Likeness in the units forming a social group being one condition to their integration, a further condition is their joint reaction against external action : cooperation in war is the chief cause of social integration. The temporary unions of savages for offence aud defence, show us the initiatory step. When many tribes unite against a common enemy, long continuance of their combined action makes them coherent under some common control. And so it is subse quently with still larger aggregates. Progress in social integration is both a cause and a con sequence of a decreasing separableness among the units. Primitive wandering hordes exercise no such restraints over their members as prevent them individually from leaving one horde and joining another at will. Where tribes are more developed, desertion of one and admission into another are less easy — the assemblages are not so loose in composition. And throughout those long stages during which societies are being enlarged and consolidated by militancy, the mobility of the units becomes more and more restricted. Only with that substitution of voluntary cooperation for compulsory co operation which characterizes developing industrialism, do the restrictions on movement disappear : enforced union being in such societies adequately replaced by spontaneous union. A remaining truth to be named is that political integration, as it advances, obliterates the original divisions among the POLITICAL INTEGRATION. 287 united parts. In the first place there is the slow disappear ance of those non- topographical divisions arising from rela tionship, as seen in separate gentes and tribes : gradual inter mingling destroys them. In the second place, the smaller local societies united into a larger one, which at first retain their separate organizations, lose them by long cooperation : a common organization begins to ramify through them. And in the third place, there simultaneously results a fading of their topographical bounds, and a replacing of these by the new administrative bounds of the common organiza tion. Hence naturally results the converse truth, that in the course of social dissolution the great groups separate first, and afterwards, if dissolution continues, these separate into their component smaller groups. Instance the ancient empires successively formed in the East, the united kingdoms of which severally resumed their autonomies when the coercion keeping them together ceased. Instance, again, the Carolingian empire, which, first parting into its large divisions, became in course of time further disintegrated by subdivision of these. And where, as in this last case, the process of dissolution goes very far, there is a return to some thing like the primitive condition, under which small preda tory societies are engaged in continuous warfare with like small societies around them. CHAPTER IV. POLITICAL DIFFERENTIATION. § 454. As was pointed out in First Principles, § 154, it is true of a social aggregate, as of every other aggregate, that the state of homogeneity is an unstable state; and that where there is already some heterogeneity, the tendency is towards greater heterogeneity. Lapse from homogeneity, however, or rather, the increase of such heterogeneity as usually exists, requires that the parts shall be heterogeneously conditioned ; and whatever prevents the rise of contrasts among the conditions, prevents increase of heterogeneity. One of the implications is that there must not be continual changes in the distribution of the parts. If now one part and now another, occupies the same position in relation to the whole, permanent structural differences cannot be produced. There must be such cohesion among the parts as prevents easy transposition. We see this truth exemplified in the simplest individual organisms. A low Blrizopod, of which the substance has a mobility approaching to that of a liquid, remains almost homogeneous ; because each part is from moment to moment assuming new relations to other parts and to the environ ment. And the like holds with the simplest societies. Concerning the members of the small unsettled groups of Fuegians, Cook remarks that " none was more respected than another." The Yeddahs, the Andamanese, the Australians, the Tasmanians, may aLo be instanced as loose assemblages POLITICAL DIFFERENTIATION. 289 which present no permanent unlikenesses of social position ; or if iinlikeness exist, as some travellers allege, they are so vague that they are denied by others. And in such \\ ander- iuff hordes as the Coroados of South America, formed of 0 individuals held together so feebly that they severally join one or other horde at will, the distinctions of parts are but nominal. Conversely, it is to be anticipated that where the several parts of a social aggregate are heterogeneously conditioned in a permanent way, they will become proportionately hetero geneous. We shall see this more clearly on changing the point of view. § 455. The general law that like units exposed to like forces tend to integrate, was in the last chapter exemplified by the formation of social groups. Here the correlative general law, that in proportion as the like units of an aggregate are exposed to unlike forces they tend to form differentiated parts of the aggregate, has to be observed in its application to such groups, as the second step in social evolution. The primary political differentiation originates from the primary family differentiation. Men and women being by the unlikenesses of their functions in life, exposed to unlike influences, begin from the first to assume unlike positions in the community as they do in the family : very early they respectively form the two political classes of rulers and ruled. And how truly such dissimilarity of social positions as arises between them, is caused by dissimilarity in their relations to surrounding actions, we shall see on observing that the one is small or great according as the other is small or great. When treating of the status of women, it was pointed out that to a considerable degree among the Chippe- wayans, and to a still greater degree among the Clatsops and Chinooks, "who live upon fish and roots, which the women are equally expert with the men in procuring, the former have a rank and influence very rarely found among Indians." We 290 POLITICAL INSTITUTIONS. saw also that in Cueba, where the women join the men in war, " fighting by their side/' their position is much higher than usual among rude peoples ; and, similarly, that in Dahomey, where the women are as much warriors as the men, they are so regarded that, in the political organization, " the woman is officially superior." On contrasting these excep tional cases with the ordinary cases, in which the men, solely occupied in war and the chase, have unlimited authority, while the women, occupied in gathering miscellaneous small food and carrying burdens, are abject slaves, it becomes clear that diversity of relations to surrounding actions initiates diversity of social relations. And, as we saw in § 327, this truth is further illustrated by those few uncivilized societies which are habitually peaceful, such as the Bodo and the Dhimals of the Indian hills, and the ancient Pueblos of North America — societies in which the occupations are not, or were not, broadly divided into fighting and working, and severally assigned to the two sexes ; and in which, along with a com paratively small difference between the activities of the sexes, there goes, or went, small difference of social status. So is it when we pass from the greater or less political differentiation which accompanies difference of sex, to that which is independent of sex — to that which arises among men. Where the life is permanently peaceful, definite class- divisions do not exist. One of the Indian Hill-tribes to which I have already referred as exhibiting the honesty, truthfulness, and amiability, accompanying a purely indus trial life, may be instanced. Hodgson says, "all Bodo and all Dhinuils are equal — absolutely so in right or law — wonderfully so in fact." The like is said of another uu war like and amiable hill tribe: "the Lepchas have no caste dis tinctions." And among a different race, the Papuans, may be named the peaceful Arafuras as displaying "brotherly love with one another," and as having no divisions of rank. §456. As, at first, the domestic relation between the sexes POLITICAL DIFFERENTIATION. 291 passe? into a political relation, such that men and women become, in militant groups, the ruling class and the subject class ; so does the relation between master and slave, origin ally a domestic one, pass into a political one as fast as, by habitual war, the making of slaves becomes general. It is with the formation of a slave-class, that there begins that political differentiation between the regulating structures and the sustaining structures, which continues throughout all higher forms of social evolution. Kane remarks that " slavery in its most cruel form exists among the Indians of the whole coast from California to Behring's Straits, the stronger tribes making slaves of all the others they can conquer. In the interior, where there is but little warfare, slavery does not exist." And this statement does but exhibit, in a distinct form, the truth everywhere obvious. Evidence suggests that the practice of enslavement diverged by small steps from the practice of cannibalism. Concerning the ISTootkas, we read that " slaves are occasion ally sacrificed and feasted upon;" and if we contrast this usage with the usage common elsewhere, of killing and devouring captives as soon as they are taken, we may infer that the keeping of captives too numerous to be immediately eaten, with the view of eating them subsequently, leading, as it would, to the employment of them in the meantime, caused the discovery that their services might be of more value than their flesh, and so initiated the habit of preserving them as slaves. Be this as it may, however, we find that very generally among tribes to which habitual militancy has given some slight degree of the appropriate structure, the enslavement of prisoners becomes an established habit. That women and children taken in war, and such men as have not 1>een slain, naturally fall into unqualified servitude, is mani fest. They belong absolutely to their captors, who might have killed them, and who retain the right afterwards to kill them if they please. They become property, of which any use whatever may be made. 202 POLITICAL INSTITUTIONS. The acquirement of slaves, which is at first an incident of war, becomes presently an object of war. Of the Nootkas we read that "some of the smaller tribes at the north of the island are practically regarded as slave-breeding tribes, and are attacked periodically by stronger tribes ;" and the like happens among the Chinooks. It was thus in ancient Vera Paz, where periodically they made "an inroad into the enemy's territory . . . and captured as many as they wanted ;" and it was so in Honduras, where, in declaring war, they gave their enemies notice " that they wanted slaves." Similarly with various existing peoples. St. John says that " many of the Dyaks are more desirous to obtain slaves than heads ; and in attacking a village kill only those who resist or attempt to escape." And that in Africa slave-making wars are common needs no proof. The class-division thus initiated by war, afterwards main tains and strengthens itself in sundry ways. Very soon there begins the custom of purchase. The Chinooks, besides slaves who have been captured, have slaves who were bought as children from their neighbours ; and, as we saw when dealing with the domestic relations, the selling of their children into slavery is by no means uncommon with savages. Then the slave-class, thus early enlarged by purchase, comes afterwards to be otherwise enlarged. There is voluntary acceptance of slavery for the sake of protection ; there is enslavement for debt ; there is enslavement for crime. Leaving details, we need here note only that this political differentiation which war begins, is effected, not by the bodily incorporation of other societies, or whole classes belonging to other societies, but by the incorporation of single members of other societies, and by like individual accretions. Com posed of units who are detached from their original social relations and from one another, and absolutely attached tu their owners, the slave-class is, at first, but indistinctly separated as a social stratum. It acquires separateness only as fast as there arise some restrictions on the powers of tho POLITICAL DIFFERENTIATION. 293 owners. Ceasing to stand in the position of domestic cattle, slaves begin to form a division of tlie body politic when their personal claims begin to be distinguished as limiting the claims of their masters. § 457. It is commonly supposed that serfdom arises by mitigation of slavery ; but examination of the facts shows that it arises in a different way. While, during the early struggles for existence between them, primitive tribes, growing at one another's expense by incorporating separately the individuals they capture, thus form a class of absolute slaves, the formation of a servile class considerably higher, and having a distinct social status, accompanies that later and larger process of growth under which one society incorporates other societies bodily. Serfdom originates along with conquest and annexa tion. Tor whereas the one implies that the captured people are detached from their homes, the other implies that the subju gated people continue in their homes. Thomson remarks that, " among the New Zealanders whole tribes sometimes became nominally slaves when conquered, although permitted to live at their usual places of residence, on condition of paying tribute, in food, &c." — a statement which shows the origin of kindred arrangements in allied societies. Of the Sandwich Islands government when first known, described as consisting of a king with turbulent chiefs, who had been sub jected in comparatively recent times, Ellis writes: — "The common people are generally considered as attached to the soil, and are transferred with the land from one chief to another." Before the late changes in Fiji, there were enslaved districts ; and of their inhabitants we read that they had to supply the chiefs' houses "with daily food, and build and keep them in repair." Though conquered peoples thus placed, differ widely in the degrees of their subjection (being at the one extreme, as in Fiji, liable to be eaten when wanted. and at the other extreme called on only to give specified pro 294 POLITICAL INSTITUTIONS. portions of produce or labour) ; yet they remain alike as being undetached from their original places of residence. That serfdom in Europe originated in an analogous way, there is good reason to believe. In Greece we have the case of Crete, where, under the conquering Dorians, there existed a vassal population, formed, it would seem, partly of the aborigines and partly of preceding conquerors ; of which the first were serfs attached to lands of the State and of individuals, and the others had become tributary landowners. In Sparta the like relations were established by like causes. There were the helots, who lived on, and cultivated, the lands of their Spartan masters, and the periceci, who had probably been, before the Dorian invasion, the superior class. So was it also in the Greek colonies afterwards founded, such as Syracuse, where the aborigines became serfs. Similarly in later times and nearer regions. When Gaul was overrun by the Romans, and again when Romanized Gaul was overrun by the Franks, there was little displacement of the actual cultivators of the soil, but these simply fell into lower positions : certainly lower political positions, and M. Guizot thinks lower indus trial positions. Our own country yields illustrations. " Among the Scottish Highlanders some entire septs or clans aro stated to have been enslaved to others ; and on the very threshold of Irish history we meet with a distinction between free and rent-paying tribes, which may possibly imply the same kind of superiority and sub ordination." In ancient British times, writes Pearson, " it is probable that, in parts at least, there were servile villages, occupied by a kindred but conquered race, the first occupants of the soil." More trustworthy is the evidence which comes to us from old English days and Norman days. Professor Stubbs says — " The ceorl had his right in the common land of his township ; his Latin name, villaiius, had been a symbol of freedom, but his privileges were bound to the land, and when the Norman lord took the land he took the villein with it. Still the villein retained his customary rights, his house and land and rights of wood and hay ; his lord's demesne depended for cultivation on his services, and he had in his lord's sense of self- interest the sort of protection that was shared by the horse and the ox." POLITICAL DIFFERENTIATION. 295 And of kindred import is the following passage from Innes: — • " I have said that of the inhabitants of the Grange, the lowest in the scale was the ceorl, bond, serf, or villein, who was transferred like the land on which he laboured, and who might be caught and brought back if he attempted to escape, like a stray ox or sheep. Their legal name of nativus, or neyf, which 1 have not found but in Britain, seems to point to their origin in the native race, the original possessors of the soil. ... In the register of Dunfermline are numerous ' genealogies,' or stud-books, for enabling the lord to trace and reclaim his stock of serf a by descent. It is observable that most of them are of Celtic names." Clearly, a subjugated territory, useless without cultivators, was left in the hands of the original cultivators, because nothing was to be gained by putting others in their places ; even could an adequate number of others be had. Hence, while it became the conqueror's interest to tie each original cultivator to the soil, it also became his interest to let him have such an amount of produce as to maintain him and enable him to rear offspring, and it further became his interest to protect him against injuries which would incapacitate him for work. To show how fundamental is the distinction between bondage of the primitive type and the bondage of serfdom, it needs but to add that while the one can, arid does, exist among savages and pastoral tribes, the other becomes possible only after the agricultural stage is reached ; for only then can there occur the bodily annexation of one society by another, and only then can there be any tying to the soil. § 458. Associated men who live by hunting, and to whom the area occupied is of value only as a habitat for game, can not well have anything more than a common participation in the use of this occupied area : such ownership of it as they have, must be joint ownership. Naturally, then, at the outset all the adult males, who are at once hunters and warriors, are the common possessors of the undivided land, encroach ment on which by other tribes they resist. Though, in tho earlier pastoral state, especially where the barrenness of the 2 Of) POLITICAL INSTITUTIONS. region involves wide dispersion, there is no definite pro prietorship of the tract wandered over ; yet, as is shown us in the strife between the herdsmen of Abraham and those of Lot respecting feeding grounds, some claims to exclusive use tend to arise; and at a later half-pastoral stage, as among the ancient Germans, the wanderings of each division fall within prescribed limits. I refer to these facts by way of showing the identity esta blished at the outset between the militant class and the land owning class. For whether the group is one which lives by hunting or one which lives by feeding cattle, any slaves its members possess are excluded from land-ownership : the free men, who are all fighting men, become, as a matter of course, the proprietors of their territory. This connexion in variously modified forms, long continues ; and could scarcely do other wise. Land being, in early settled communities, the almost exclusive source of wealth, it happens inevitably that during times in which the principle that might is right remains unqualified, personal power and ownership of the soil go together. Hence the fact that where, instead of being held by the whole society, land comes to be parcelled out among component village-communities, or among families, or among individuals, possession of it habitually goes along with the bearing of arms. In ancient Egypt " every soldier was a land owner " — " had an allotment of land of about six acres." In Greece the invading Hellenes, wresting the country from its original holders, joined military service with territorial endow ment. In Rome, too, " every freeholder from the seventeenth to the sixtieth year of his age, was under obligation of service ... so that even the emancipated slave had to serve who, in an exceptional case, had come into possession of landed property." The like happened in the early Teutonic community. Joined with professional warriors, its army included " the mass of freemen arranged in families fighting for their homesteads and hearths :" such freemen, or markmen, owning land partly in common and partly as individual pro- POLITICAL DIFFERENTIATION. 297 prietors. Or as is said of this same arrangement among the ancient English, " their occupation of the land as coynatio-ncs resulted from their enrolment in the field, where each kindred was drawn up under an officer of its own lineage and appoint ment ;" and so close was this dependence that " a thane for feited his hereditary freehold by misconduct in battle." Beyond the original connexion between militancy and land owning, which naturally arises from the joint interest which those who own the land and occupy it, either individually or collectively, have in resisting aggressors, there arises later a further connexion. As, along with successful militancy, there progresses a social evolution which gives to a dominant ruler increased power, it becomes his custom to reward his leading soldiers by grants of land. Early Egyptian kings " bestowed on distinguished military officers" portions of the crown domains. When the barbarians were enrolled as Roman soldiers, " they were paid also by assignments of land, accord ing to a custom which prevailed in the Imperial armies. The possession of these lands was given to them on condition of the son becoming a soldier like his father." And that kindred usages were general throughout the feudal period, is a familiar truth : feudal tenancy being, indeed, thus constituted ; and inability to bear arms being a reason for excluding women from succession. To exemplify the nature of the relation established, it will suffice to name the fact that " William the Conqueror . . . distributed this kingdom into about 60,000 parcels, of nearly equal value [partly left in the hands of those who previously held it, and partly made over to his followers as either owners or suzerains], from each of which the service of a soldier was due ;" and the further fact that one of his laws requires all owners of land to "swear that they become vassals or tenants," and will " defend their lord's territories and title as well as his person " by " knight- service on horseback." That this original relation between landowning and mili tancy long survived, we are shown by the armorial bearings 298 POLITICAL INSTITUTIONS. of county families, as well as by the portraits of family ances tors, who are mostly represented in military costume. § 459. Setting out with the class of warriors, or men bear ing arms, who in primitive communities are owners of the land, collectively or individually, or partly one and partly the other, there arises the question — How does this class dif ferentiate into nobles and freemen ? The most general reply is, of course, that since the state of homogeneity is by necessity unstable, time inevitably brings about inequalities of positions among those whose positions were at first equal. Before the semi-civilized state is reached, the differentiation cannot become decided ; because there cau be no large accumulations of wealth, and because the laws of descent do not favour maintenance of such accumulations as are possible. But in the pastoral, and still more in the agri cultural, community, especially where descent through males has been established, several causes of differentiation come into play. There is, first, unlikeness of kinship to the head man. Obviously, in course of generations, the younger descendants of the younger become more and more remotely related to the eldest descendant of the eldest ; and social inferiority arises. As the obligation to execute blood-revenge for a mur dered member of the family does not extend beyond a certain degree of relations] lip (in ancient France not beyond the seventh), so neither does the accompanying distinction. From the same cause comes inferiority in point of possessions. Inheritance by the eldest male from generation to genera tion, works the effect that those who are the most distantly connected in blood with the head of the group, are also the poorest. Then there cooperates with these factors a consequent factor; namely, the extra power which greater wealth gives. For when there arise disputes within the tribe, the richer are those who, by their better appliances for defence and their greater ability to purchase aid, naturally have the advantage over the poorer. Proof that this is a POLITICAL DIFFERENTIATION. 299 potent cause is found in a fact named by Sir Henry Maine. " The founders of a part of our modern European aristocracy, the Danish, are known to have been originally peasants who fortified their houses during deadly village struggles and then used their advantage." Such superiorities of position, once initiated, are increased in another way. Already in the last chapter we have seen that communities are to a certain extent increased by the addition of fugitives from other com munities — sometimes criminals, sometimes those who are oppressed. While, in places where such fugitives belong to races of superior types, they often become rulers (as among many Indian hill-tribes, whose rajahs are of Hindoo extrac tion), in places where they are of the same race and cannot do this, they attach themselves to those of chief power in their adopted tribe. Sometimes they yield up their freedom for the sake of protection : a man makes himself a slave by breaking a spear in the presence of his wished-for master, as among the East Africans, or by inflicting some small bodily injury upon him, as among the Fulahs. In ancient Eome the semi-slave class distinguished as clients, originated by this voluntary acceptance of servitude with safety. But where his aid promises to be of value in war, the fugitive offers himself as a warrior in exchange for maintenance and refuge. Other things equal, he chooses for master some one marked by superiority of power and property ; and thus enables the man already dominant to become more dominant. Such armed dependents, having as aliens no claims to the lands of the group, and bound to its head only by fealty, answer in position to the comites as found in the early German commu nities, and as exemplified in old English times by the *' Huscarlas" (Housecarls), with whom nobles surrounded themselves. Evidently, too, followers of this kind, having certain interests in common with their protector and no inte rests in common with the rest of the community, become, in his hands, the means of usurping communal rights and ele vating himself while depressing the rest. 300 POLITICAL INSTITUTIONS. Step by step the contrast strengthens. Beyond such us have voluntarily made themselves slaves to a head man, others have become enslaved by capture in the wars mean while going on, others by staking themselves in gaming, others by purchase, others by crime, others by debt. And of necessity the possession of many slaves, habitually accom panying wealth and power, tends further to increase that wealth and power, and to mark off still more the higher rank from the lower. And then, finally, the inferior freeman finds himself so much at the mercy of the superior freeman, or noble, and his armed followers of alien origin, that it becomes needful for safety's sake to be also a follower ; and, at first voluntary, the relation of dependence grows more and more compulsory. " The freeman might choose his Lord, he might determine to whom, in technical phrase, he should commend himself; but a Lord he must have, a Lord to act at once as his pro tector ai7e named as a definite manifestation of the force with which this transmitted opinion acts. In one of the rudest tribes of the Indian hills, the Juangs, less clothed than even Adam and Eve are said to have been, the women long adhered to their bunches of leaves in the belief that change was wrong. Of the Koranna Hottentots we read that " when ancient usages are not in the way, every man seems to act as is right in his own eyes." Though the Damara chiefs "have the power of governing arbitrarily, yet they venerate the tradi tions and customs of their ancestors." Smith says, "laws the Araucanians can scarcely be said to have, though there are many ancient usages which they hold sacred and strictly observe." According to Brooke, among the Dyaks custom simply seems to have become law, and breaking the custom leads to a fine. In the minds of some clans of the Malagasy, " innovation and injury are .... inseparable, and the idea of improvement altogether inadmissible." This control by inherited usages is not simply as strong in groups of men who are politically unorganized, or but little organized, as it is in advanced tribes and nations, but it is stronger. As Sir John Lubbock remarks — "Iso savage is free. All over the world his daily life is regulated by a complicated and apparently most inconvenient set of customs (as forcible as laws), of quaint prohibitions and privileges." Though one of these rude societies appears structureless, yet its ideas and usages form a kind of invisible framework for it, serving rigorously to restrain certain classes of its actions. And this invisible framework has been slowly and unconsciously shaped, during daily activities impelled by pre- POLITICAL FORMS AND FOLCES. 323 vailing feelings and guided by prevailing thoughts, through generations stretching back into the far past. In brief, then, before any definite agency for social control is developed, there exists a control arising partly from the public opinion of the living, and more largely from the public opinion of the dead. § 468 But now let us note definitely a truth implied in some of the illustrations above given — the truth that when a political agency has been evolved, its power, largely de pendent on present public opinion, is otherwise almost wholly dependent on past public opinion. The ruler, in part the organ of the wills of those around, is in a still greater degree the organ of the wills of those who have passed away ; and his own will, much restrained by the first, is still more restrained by the last. For his function as regulator is mainly that of enforcing the inherited rules of conduct which embody ancestral senti ments and ideas. Everywhere we are shown this. Among the Arafuras such decisions as are given by their elders, are "according to the customs of their forefathers, which are held in the highest regard." So is it with the Khirgiz : " the judg ments of the Bis, or esteemed elders, are based on the known and universally-recognized customs." And in Sumatra " they are governed, in their various disputes, by a set of long- established customs (adaf), handed down to them from their ancestors. . . . The chiefs, in pronouncing their decisions, are not heard to say, ' so the law directs/ but 'such is the custom.' " As fast as custom passes into law, the political head be comes still more clearly an agent through whom the feelings of the dead control the actions of the living, That the power he exercises is mainly a power which acts through him, we see on noting how little ability he has to resist it if he wishes to do so. His individual will is practically in operative save where the overt or tacit injunctions of departed 324 POLITICAL INSTITUTIONS. generations leave him free. Thus in Madagascar, " in case3 where there is no law, custom, or precedent, the word of the sovereign is sufficient." Among the East Africans, " the only limit to the despot's power is the Ada or precedent." Of the Javans, Raffles writes — " the only restraint upon the will of the head of the government is the custom of the country, and the regard which he has for his character among his sub jects." In Sumatra the people " do not acknowledge a right in the chiefs to constitute wThat laws they think proper, or to repeal or alter their ancient usages, of which they are extremely tenacious and jealous." And how imperative is con formity to the beliefs and sentiments of progenitors, is shown by the fatal results apt to occur from disregarding them. " ' The King of Ashantee, although represented as a despotic monarch . . . . is not in all respects beyond control.' He is under an ' obliga tion to observe the national customs which have been hand&d down to the people from remote antiquity ; and a practical disregard of this obligation, in the attempt to change some of the customs of their fore fathers, cost Osai Quiimina his throne.5 " Which instance reminds us how commonly, as now among the Hottentots, as in the past among the ancient Mexicans, and as throughout the histories of civilized peoples, rulers have engaged, on succeeding to power, not to change the esta blished order. § 469. Doubtless the proposition that a government is in the main but an agency through which works the force of public feeling, present and past, seems at variance with the many facts showing how great may be the power of a ruling man himself. Saying nothing of a tyrant's ability to take lives for nominal reasons or none at all, to make groundless confiscations, to transfer subjects bodily from one place to another, to exact contributions of money and labour without stint, we are apparently shown by his ability to begin and carry on wars which sacrifice his subjects wholesale, that his single will may over-ride the united wills of all others. In what way, then, must the original statement be qualified ? POLITICAL FORMS AND FORCES. 325 While holding that, in unorganized groups of men, the feeling manifested as public opinion controls political con duct, just as it controls the conduct distinguished as cere monial and religious ; and while holding that governing agencies, during their early stages, are at once the products of aggregate feeling, derive their powers from it, and are restrained by it ; we must admit that these primitive re lations become complicated when, by war, small groups are compounded and re-compounded into great ones. Where the society is largely composed of subjugated people held down by superior force, the normal relation above described no longer exists. We must not expect to find in a rule coercively established by an invader, the same traits as in a rule that has grown up from within. Societies formed by conquest may be, and frequently are, composed of two societies, which are in large measure, if not entirely, alien ; and in them there cannot arise a political force from the aggregate will. Under such conditions the political head either derives his power exclusively from the feeling of the dominant class, or else, setting the diverse feelings originated in the upper and lower classes, one against the other, is enabled so to make his indi vidual will the chief factor. After making which qualifications, however, it may still be contended that ordinarily, nearly all the force exercised by the governing agency originates from the feeling, if not of the whole community, yet of the part which is able to manifest its feeling. Though the opinion of the subjugated and un armed lower society becomes of little account as a political Ike tor, yet the opinion of the dominant and armed upper society continues to be the main cause of political action. What we are told of the Congo people, that " the king, who reigns as a despot over the people, is often disturbed in the exercise of his power by the princes his vassals," — what we are told of the despotically-governed Dahomans, that " the ministers, war-captains, and feetishers may be, and often are, individually punished by the king : collectively they are too 62(5 POLITICAL INSTITUTIONS. strong for him, and without their cordial cooperation he would soon cease to reign ;" is what we recognize as having heen true, and as "being si ill true, in various better-known societies where the supreme head is nominally absolute. From the time when the Roman emperors were chosen by the soldiers and slain when they did not please them, to the present time when, as we are told of Russia, the desire of the army often determines the will of the Czar, there have been many illustrations of the truth that an autocrat is politically strong or weak according as many or few of the influential classes give him their support ; and that even the sentiments of those who are politically prostrate occasionally affect political action; as instance the influence of -Turkish fanaticism over the decisions of the Sultan. A number of facts must be remembered if we are rightly to estimate the power of the aggregate will in comparison with the power of the autocrat's will. There is the fact that the autocrat is obliged to respect and maintain the great mass of institutions and laws produced by past bentiments and ideas, which have acquired a religious sanction; so that, as in ancient Egypt, dynasties of despots live and die leaving the social order essentially unchanged. There is the fact that a serious change of the social order, at variance with general feeling, is likely afterwards to be reversed ; as when, in Egypt, Amenhotep IV., spite of a rebellion, succeeded in establishing a new religion, which was abolished in a succeeding reign ; and there is the allied fact that laws much at variance with the general will prove abortive, as, for instance, the sumptuary laws made by mediaeval kings, which, continually re-enacted, continually failed. There is the fact that, supreme as he may be, and divine as the nature ascribed to him, the all-powerful monarch is often shackled by usages which make his daily life a slavery : the opinions of the living oblige him to fulfil the dictates of the dead. There is the i'act that if he does not conform, or if he otherwise produces by his acts much adverse feeling, his servants, civil and military, refuse to act, POLITICAL FORMS AND FORCES. 327 or turn against him ; and in extreme cases there comes an example of " despotism tempered by assassination." And there is the final fact that habitually in societies where an offending autocrat is from time to time removed, another autocrat is set up : the implication being that the average sentiment is of a kind which not only tolerates but desires autocracy. That which some call loyalty and others call servility, both creates the absolute ruler and gives him the power he exercises, But the cardinal truth, difficult adequately to appreciate, is that while the forms and laws of each society are the consoli dated products of the emotions and ideas of those who lived throughout the past, they are made operative by the subordi nation of existing emotions and ideas to them. We are familiar with the thought of " the dead hand " as controlling the doings of the living in the uses made of property ; but the effect of " the dead hand " in ordering life at large through the established political system, is iinmeasureably greater. That which, from hour to hour in every country, governed despotically or otherwise, produces the obedience making political action possible, is the accumulated and organized sentiment felt towards inherited institutions made sacred by tradition. Hence it is undeniable that, taken in its widest acceptation, the feeling of the community is the sole source of political power : in those communities, at least, which are not under foreign domination. It was so at the outset of social life, and it still continues substantially so. § 470. It has come to be a maxim of science that in the causes still at work, are to be identified the causes which, similarly at work during past times, have produced the state of things now existing. Acceptance of this maxim, and pur- suit of the inquiries suggested by it, lead to verifications of the foregoing conclusions. For day after day, every public meeting illustrates afresh this same differentiation characterizing the primitive political 328 POLITICAL INSTITUTIONS. agency, and illustrates afresh the actions of its respective parts. There is habitually the great body of the less distin guished, forming the audience, whose share in the proceed ings consists in expressing approval or disapproval, and say ing aye or no to the resolutions proposed. There is the smaller part, occupying the platform — the men whose wealth, rank, or capacity, give them influence — the local chiefs, by whom the discussions are carried on. And there is the chosen head, commonly the man of greatest mark to be obtained, who exercises a recognized power over speakers and audience — the temporary king. Even an informally-summoned assemblage soon resolves itself into these divisions more or less distinctly ; and when the assemblage becomes a perma nent body, as of the men composing a commercial company, or a philanthropic society, or a club, defmiteness is quickly given to the three divisions — president or chairman, board or committee, proprietors or members. To which add that, though at first, like the meeting of the primitive horde or the modern public meeting, one of these permanent associations voluntarily formed, exhibits a distribution of powers such that the select few and their head are subordinate to the mass ; yet, as circumstances determine, the proportions of the respective powers usually change more or less decidedly. Where the members of the mass besides being much interested in the transactions, are so placed that they can easily co operate, they hold in check the select few and their head ; but where wide distribution, as of railway-shareholders, hinders joint action, the select few become, in large measure, an oligarchy, and out of the oligarchy there not unfrecjuently grows an autocrat : the constitution becomes a despotism tempered by revolution. In saying that from hour to hour proofs occur that the force possessed by a political agency is derived from aggregate feeling, partly embodied in the consolidated system which has come down from the past, and partly excited by immediate circumstances, I do not refer only to the proofs that among POLITICAL FORMS AND FORCES. 329 ourselves governmental actions are habitually thus determined, and that the actions of all minor bodies, temporarily or per manently incorporated, are thus determined. I refer, rather, to illustrations of the irresistible control exercised by popular sentiment over conduct at large. Such facts as that, while general opinion is in favour of duelling law does not prevent it, and that sacred injunctions backed by threats of damnation, fail to check iniquitous aggressions on foreign peoples when the prevailing passions prompt them, alone suffice to show that legal codes and religious creeds, with the agencies en forcing them, are impotent in face of an adverse state of mind, On remembering the eagerness for public applause and the dread of public disgrace which stimulate and restrain men, we cannot question that the diffused manifestations of feeling habitually dictate their careers, when their immediate neces sities have been satisfied. It requires only to contemplate the social code which regulates life, down even to the colour of an evening neck-tie, and to note how those who dare not break this code have no hesitation in smuggling, to see that an unwritten law enforced by opinion is more peremptory than a written law not so enforced. And still more on ob serving that men disregard the just claims of creditors, who for goods given cannot get the money, while they are anxious to discharge so-called debts of honour to those who have rendered neither goods nor services, we are shown that the control of prevailing sentiment, unenforced by law and reli gion, may be more potent than law and religion together when they are backed by sentiment less strongly manifested. Looking at the total activities of men, we are obliged to admit that they are still, as they were at the outset of social life, guided by the aggregate feeling, past and present ; and that the political agency, itself a gradually-developed product of such feeling, continues still to be in the main the vehicle for a specialized portion of it, regulating actions of certain kinds. Partly, of course, I am obliged here to set forth this general truth as an essential element of political theory. My excuse 330 POLITICAL INSTITUTIONS. for insisting at some length on what appears to be a trite con clusion, must be that, however far nominally recognized, it is actually recognized to a very small extent. Even in our own country, where non- political agencies spontaneously produced and worked are many and large, and still more in most other countries less characterized by them, there is no due con sciousness of the truth that the combined impulses which work through political agencies, can, in the absence of such agencies, produce others through which to work. Politicians reason as though State-instrumentalities have intrinsic power, which they have not, and as though the feeling which creates them has not intrinsic power, which it has. Evidently their actions must be greatly affected by reversal of these ideas. CHAPTER VL POLITICAL HEADS— CHIEFS, KIXG3, ETC. § 471. Of the three components of the tri-une political struc ture traceable at the outset, we have now to follow the develop ment of the first. Already in the last two chapters something has been said, and more has been implied, respecting that most important differentiation which results in the establish ment of a headship. What was there indicated under its general aspects has here to be elaborated under its special aspects. " When Pdnk asked the Mcobarians who among them was the chief, they replied laughing, how could he believe that one could have power against so many ?" I quote this as a reminder that there is, at first, resistance to the assumption of supremacy by one member of a group — resistance which, though in some types of men small, is in most considerable, and in a few very great. To instances already given of tribes practically chief less may be added, from America, the Haidahs, among whom " the people seemed all equal ;" the Californian tribes, among whom " each individual does as he likes ;" the Navajos, among whom "each is sovereign in his own right as a warrior;" and from Asia the Angamies, who "have no recognized head or chief, although they elect a spokesman, who, to all intents and purposes, is powerless and irrespon sible." Such small subordination as rude groups show, occurs only POLITICAL INSTITUTIONS. when the need for joint action is imperative, and control ig required to make it efficient. Instead of recalling before- named examples of temporary chieftainship, I may here give some others. Of the Lower Californians we read — " In hunt ing and war they have one or more chiefs to lead them, who are selected only for the occasion." Of the Elatheads' chiefs it is said that " with the war their power ceases.'* Among the Sound Indians the chief "has no authority, and only directs the movements of his band in warlike incursions." As observed under another head, this primitive insubordi nation has greater or less play according as the environment and the habits of life hinder or favour coercion. The Lower Californians, above instanced as chiefless, Baegert says resemble " herds of wild swine, which run about according to their own liking, being together to-day and scattered to morrow, till they meet again by accident at some future time." " The chiefs among the Chipewyans are now totally without power," says Franklin; and these people exist as small migratory bands. Of the Abipones, who are " impatient of agriculture and a fixed home," and " are continually moving from place to place," Dobrizhoffer writes — "they neither revere their cacique as a master, nor pay him tribute or attendance as is usual with other nations." The like holds under like conditions with other races remote in type. Of the Bedouins Burckhardt remarks " the sheikh lias no fixed authority ;" and according to another writer " a chief, who has drawn the bond of allegiance too tight, is deposed or abandoned, and becomes a mere member of a tribe or remains without one." And now, having noted the original absence of political control, the resistance it meets with, and the circumstances which facilitate evasion of it, we may ask what causes aid its growth. There are several ; and chieftainship becomes settled in proportion as they cooperate. § 472. Among the members of the primitive group, slightly unlike in various ways and degrees, there is sure to be some POLITICAL HEADS — CHIEFS, KINGS, ETC. 333 one who lias a recognized superiority. This superiority may be of several kinds which we will briefly glance at. Though in a sense abnormal, the cases must be recognized in which the superiority is that of an alien immigrant. The headmen of the Khonds " are usually descended from some daring adventurer" of Hindoo blood. Foisyth. remarks the like of " most of the chiefs " in the highlands of Central Asia. And the traditions of Bochica among the Chibchas, Amalivaca among the Tamanacs, and Quetzalcoatl among the Mexicans, imply kindred origins of chieftainships. Here, however, we at 13 mainly concerned with superiorities arising within the tribe. The first to be named is that which goes with seniority. Though age, when it brings incapacity, is often among rude peoples treated with such disregard that the old are killed or left to die, yet, so long as capacity remains, the greater expe rience accompanying age generally insures influence. The chief less Esquimaux show " deference to seniors and strong men." Burchell says that over the Bushmen, old men seem to exercise the authority of chiefs to some extent ; and the like holds true with the natives of Australia. Among the Fuegians " the word of an old man is accepted as law by the young people." Each party of Rock Yeddahs " has a head man, the most energetic senior of the tribe," who divides the honey, &c. Even with sundry peoples more advanced the like holds. The Dyaks in North Borneo " have no established chiefs, but follow the counsels of the old man to whom they are related;" and Edwards says of the ungoverned Caribs that " to their old men, indeed, they allowed some kind of authority." Naturally, in rude societies, the strong hand gives predomi nance, Apart from the influence of age, "bodily strength alone procures distinction among" the Bushmen. The leaders of the Tasmanians were tall and powerful men : '•' instead of an elective or hereditary chieftancy, the place of command •was yielded up to the bully of the tribe." A remark of 334 POLITICAL INSTITUTIONS. Sturt's implies a like origin of supremacy among the Austra lians. Similarly in South America. Of people on the Tapajos, Bates tells us that " the footmarks of the chief could be distinguished from the rest by their great size and the length of -the stride." And in Bedouin tribes " the fiercest, the strongest, and the craftiest obtains complete mastery over his fellows." During higher stages physical vigour long con tinues to be an all-important qualification; as in Homeric Greece, where even age did not compensate for decline of strength : " an old chief, such as Peleus and Laertes, cannot retain his position." Everyone knows that throughout Mediaeval Europe, maintenance of headship largely depended on bodily prowess. And even but two centuries ago in the Western Isles of Scotland, " every Heir, or young Chieftain of a Tribe, was oblig'd in Honour to give a publick Specimen of his Valour, before he was own'd and cleclar'd Governor." Mental superiority, alone or joined with other attributes, is a common cause of predominance. With the Snake Indians, the chief is no more than "the most confidential person among the warriors." Schoolcraft says of the chief acknow ledged by the Creeks that "he is eminent with the people only for his superior talents and political abilities ;" and that over the Comanches " the position of a chief is not hereditary, but the result of his own superior cunning, knowledge, or success in war." A chief of the Coroados is one " who by his strength, cunning, and courage had obtained some command over them." And the Ostiaks " pay respect, in the fullest sense of the word, to their chief, if wise and valiant; but this homage is voluntary, and not a prerogative of his position." Yet another source of governmental power in primitive tribes is largeness of possessions: wealth being at once an indirect mark of superiority and a direct cause of influence. With the Tacullies " any person may become a miuty or chief who will occasionally provide a village feast." " Among the Tolewas, in Del Norte Country, money makes the chief." The Spokanes have " no regularly recognized chief," " but an POLITICAL HEADS — CHIEFS, KINGS, ETC. 335 intelligent and rich man often controls the tribe by his influence." Of the chief less Navajos we read that "every rich man has many dependants, and these dependants are obedient to his will, in peace and in war." And to other evidence that it is the same in Africa, may be added the state ment of Heuglin that " a Dor chief is generally the richest and most reputable man of the village or neighbourhood." But, naturally, in societies not yet politically developed, acknowledged superiority is ever liable to be competed with or replaced by superiority arising afresh. * If an Arab, accompanied by his own relations only, has been suc cessful on many predatory excursions against the enemy, he is joined by other friends ; and if his success still continues, he obtains the repu tation of being ' lucky;' and he thus establishes a kind of second, or inferior agydship in the tribe." So in Sumatra — "A commanding aspect, an insinuating manner, a ready fluency in discourse, and a penetration and sagacity in unravelling the little in tricacies of their disputes, are qualities which seldom fail to procure to their possessor respect and influence, sometimes, perhaps, superior to that of an acknowledged chief." And supplantings of kindred kinds occur among the Tongans and the Dyaks. At the outset then, what we before distinguished as the principle of efficiency is the sole principle of organization. Such political headship as exists, is acquired by one whose fitness asserts itself in the form of greater age, superior prowess, stronger will, wider knowledge, quicker insight, or larger wealth. But evidently supremacy which thus depends exclusively on personal attributes is but transitory. It is liable to be superseded by the supremacy of some more able man from time to time arising; and if not superseded, is ended by death. We have, then, to inquire how permanent chieftainship becomes established. Before doing this, how ever, we must consider more fully the two kinds of superiority which especially conduce to chieftainship, and their modes of operation* 80 S3 6 POLITICAL INSTITUTIONS. § 473. As bodily vigour is a cause of predominance within the tribe on occasions daily occurring, still more on occasions of war is it, when joined with courage, a cause of predomi nance. War, therefore, tends to make more pronounced any authority of this kind which is incipient. Whatever reluctance other members of the tribe have to recognize the leadership of any one member, is likely to be over-ridden by their desire for safety when recognition of his leadership furthers that safety. This rise of the strongest and most courageous warrior to power is at first spontaneous, and afterwards by agreement more or less definite: sometimes joined with a process of testing. Where, as in Australia, each " is esteemed by the rest only according to his dexterity in throwing or evading a, spear." it is inferable that such superior capacity for war as is displayed, generates of itself such temporary chieftainship as exists. Where, as among the Comanches, any one who distinguishes himself by taking many " horses or scalps, may aspire to the honours of chieftaincy, and is gradually inducted by a tacit popular consent," this natural genesis is clearly shown. Very commonly, however, there is deliberate choice ; as by the Flatheads, among whom, " except by the war-chiefs no real authority is exercised." Skill, strength, courage, and endurance are in some cases deliberately tested. The King of Tonga has to undergo a trial : three spears are thrown at him, which he must ward off. " The ability to climb up a large pole, well-greased, is a necessary qualification of a fight ing chief among the Sea Dyaks;" and St. John says that in some cases, " it was a custom in order to settle who should be chief, for the rivals to go out in search of a head : the first in lindino,- one being victor." O O Moreover, the need for an efficient leader tends ever to re-establish chieftainship where it has become only nominal or feeble. Edward says of the Caribs that " in war, experi ence had taught them that subordination was as requisite as courage ; they therefore elected their captains in their general POLITICAL HEADS — CHIEFS, KINGS, ETC. 337 assemblies with great solemnity ;" and " put their pretensions to the proof with circumstances of outrageous barbarity." Similarly, " although the Abipones neither fear their cacique as a judge, nor honour him as a master, yet his fellow-soldiers follow him as a leader and governor of the war, whenever the enemy is to be attacked or repelled." These and like facts, of which there are abundance, have three kindred implications. One is that continuity of war conduces to permanence of chieftainship. A second is that, with increase of his influence as successful military head, the chief gains influence as civil head. A third is that there is thus initiated a union, maintained through subsequent phases of social evolution, between military supremacy and political supremacy. Not only among the uncivilized Hottentots, Malagasy, and others, is the chief or king head of the army — not only among such semi-civilized peoples as the ancient Peruvians and Mexicans, do we find the monarch one with the commander-in-chief ; but the histories of extinct and surviving nations all over the world exemplify the connexion. In Egypt " in the early ages, the offices of king and general were inseparable." Assyrian sculptures and inscriptions represent the despotic ruler as also the conquering soldier ; as do the records of the Hebrews. Civil and military headship were united among the Homeric Greeks ; and in primitive Rome " the general was ordinarily the king himself." That throughout European history it has been so, and partially continues so even now in the more militant societies, needs no showing. How command of a wider kind follows military command, we cannot readily see in societies which have no records : we can but infer that along with increased power of coercion which the successful head-warrior gains, naturally goes the exercise of a stronger rule in civil affairs. That this has been so among peoples who have known histories, there is proof. Of the primitive Germans Sohm remarks that the Koman invasions had one result : — 338 POLITICAL INSTITUTIONS. *' The kingship became united with the leadership (become peimanent) of the army, and, as a consequence, raised itself to a power [institution] in the State. The military subordination under the king-leader fur thered political subordination under the king Kingship after the invasions is a kingship clothed with supreme rights— a kirg- ship in our sense." In like manner it is observed by Eanke that during the wars with the English in the fifteenth century — "The French monarchy, whilst struggling for its very existence, acquired at the same time, and as the result of the struggle, a firmer organization. The expedients adopted to carry on the contest grew, as in other important cases, to national institutions." And modern instances of the relation between successful militancy and the strengthening of political control, are fur nished by the career of Napoleon and the recent history of the German Empire. Headship of the society, then, commonly beginning with the influence gained by the warrior of greatest power, bold ness, and capacity, becomes established where activity in war gives opportunity for his superiority to show itself and to generate subordination ; and thereafter the growth of civil governorship continues primarily related to the exercise of militant functions. § 474. Very erroneous, however, would be the idea formed if no further origin for political headship were named. There is a kind of influence, in some cases operating alone and in other cases cooperating with that above specified, which is all- important. I mean the influence possessed by the medicine man. That this arises as early as the other, can scarcely be said ; since, until the ghost-theory takes shape, there is no origin for it. But when belief in the spirits of the dead becomes current, the medicine-man, professing ability to control them, and inspiring faith in his pretensions, is regarded with a fear which prompts obedience. When we read of the Thlinkeets that the u supreme feat of a conjuror's power is to POLITICAL HEADS — CHIEFS, KINGS, ETC. 339 throw one of his liege spirits into the body of one who refuses to believe in his power, upon which the possessed is taken with swooning and fits/' we may imagine the dread he excites, and the sway he consequently gains. From some of the lowest races upwards we find illustrations. Fitzroy says of the " doctor-wizard among the Fuegians " that he is the most cunning and most deceitful of his tribe, and that he has great influence over his companions. " Though the Tas- manians were free from the despotism of rulers, they were swayed by the counsels, governed by the arts, or terrified by the fears, of certain wise men or doctors. These could not only mitigate suffering, but inflict it." A chief of the Haidahs " seems to be the principal sorcerer, and indeed to possess little authority save from his connexion with the preter human powers." The Dakota medicine-men — " Are the greatest rascals in the tribe, and possess immense influence over the minds of the young, who are brought up in the belief of their supernatural powers The war-chief, who leads the party to war, is always one of these medicine-men, and is believed to have the power to guide the party to success, or sav- is everywhere composed of minor chiefs, or heads of clans, or feudal lords, in whom the military and civil rule of local groups is habitually joined with wide possessions; and CONSULTATIVE BODIES. 403 the examples frequently exhibit this composition on both a small and a large scale — both locally and generally. A rude and early form of the arrangement is shown in Africa. We read of the Kaffirs that " every chief chooses from among his most wealthy subjects five or six, who act as counsellors to him. . . the great council of the king is composed of the chiefs of particular kraals." A Bechuana tribe " gene rally includes a number of towns or villages, each having its distinct head, under whom there are a number of subordinate chiefs/' who " all acknowledge the supremacy of the principal one. His power, though very great and in some instances Despotic, is nevertheless controlled by the minor chiefs, who in their piclws or pitshos, their parliament, or public meetings, use the greatest plainness of speech in exposing what they consider culpable or lax in his government." Of the Wan- yamwezi, Burton says that the Sultan is " surrounded by a council varying from two to a score of chiefs and elders. . His authority is circumscribed by a rude balance of power ; the chiefs around him can probably bring as many warriors into the field as he can." Similarly in Ashantee. " The caboceers and captains . . . claim to be heard on all ques tions relating to war and foreign politics. Such matters are considered in a general assembly ; and the king sometimes finds it prudent to yield to the views and urgent representa tions of the majority." From the ancient American states, too, instances may be cited. In Mexico "general assemblies were presided over by the king every eighty days. They came to these meetings from all parts of the country ; " and then we read, further, that the highest rank of nobility, the Teuctli, "took precedence of all others in the senate, both in the order of sitting and voting : " showing what was the composition of the senate. It was so, too, with the Central Americans of Vera Paz. " Though the supreme rule was exercised by a king, there were inferior lords as his coadjutors, who mostly were titled lords and vassals ; they formed the royal council . . . and joined the king in his 404 POLITICAL INSTITUTIONS. palace as often as they were called upon." Turning to Europe, mention may first be made of ancient Poland. Originally formed of independent tribes, " each governed by its own kniaz, or judge, whom age or reputed wisdom had raised to that dignity," and each led in war by a temporary voiwd or captain, these tribes had, in the course of that com pounding and re-compounding which wars produced, differen tiated into classes of nobles and serfs, over whom was an elected king. Of the organization which existed before the king lost his power, we are told that — " Though each of these palatines, bishops, and barons, could thus advise his sovereign, the formation of a regular senate was slow, and com pleted only when experience had proved its utility. At first, the only subjects on which the monarch deliberated with his barons related to war : what he originally granted through courtesy, or through diffidence in himself, or with a view to lessen his responsibility in case of failure, they eventually claimed as a right." So, too, during internal wars and wars against Rome, the primitive Germanic tribes, once semi-nomadic and but slightly organized, passing through the stage in which armed chiefs and freemen periodically assembled for deliberations on war and other matters, evolved a kindred structure. In Carolin- gian days the great political gathering of the year was simultaneous with the great military levy ; and the military element entered into the foreground. Armed service being the essential thing, and questions of peace and war being habitually dominant, it resulted that all freemen, while under obligation to attend, had also a right to be present at the assembly and to listen to the deliberations. And then con cerning a later period, as Hallam writes — " In all the German principalities a form of limited monarchy pre vailed, reflecting, on a reduced scale, the general constitution of the Empire. As the Emperors shared their legislative sovereignty with the diet, so all the princes who belonged to that assembly had their own provincial states, composed of their feudal vassals and of their mediate towns within their territory." In France, too, provincial estates existed for local rule ; and there were consultative assemblies of general scope. Thua CONSULTATIVE BODIES. 405 an " ordinance of 1228, respecting the heretics of Languedoc, is rendered with the advice of our great men and prud- hommes ; " and one "of 12 i6, concerning levies and re demptions in Anjou and Maine," says that " having called around us, at Orleans, the barons and groat men of the said counties, and having held attentive counsel with them," &c. To meet the probable criticism that no notice has been taken of the ecclesiastics usually included in the consultative body, it is needful to point out that due recognition of them does not involve any essential change in the account above given. Though modern usages lead us to think of the priest- class as distinct from the warrior-class, yet it was not origi nally distinct. With the truth that habitually in militant societies, the king is at once commander- in-chief and high priest, carrying out in both capacities the dictates of his deity, we may join the truth that the subordinate priest is usually a direct or indirect aider of the wars thus supposed to be divinely prompted. In illustration of the one truth may be cited the fact that before going to war, Radama, king of Madagascar, " acting as priest as well as general, sacrificed a cock and a heifer, and offered a prayer at the tomb of Andria- Masina, his most renowned ancestor." And in illustration of the other truth may be cited the lact that among the Hebrews, whose priests accompanied the army to battle, we read of Samuel, a priest from childhood upwards, as conveying to Saul God's command to "smite Amalek," and as having himself hewed Agag in pieces. More or less active partici pation in war by priests we everywhere find in savage and semi-civilized societies ; as among the Dakotas, Mundrucus, Abipones, Khonds, whose priests decide on the time for war, or give the signal for attack ; as among the Tahitians, whose priests " bore arms, and marched with the warriors to battle ; " as among the Mexicans, whose priests, the habitual instiga tors of wars, accompanied their idols in front of the army, and u sacrificed the first taken prisoners at once ; " as among the ancient Egyptians, of whom we read that "the priest of a 406 POLITICAL INSTITUTIONS. god was often a military or naval commander." And the naturalness of the connexion thus common in rude and in ancient societies, is shown by its revival in later societies, notwithstanding an adverse creed. After Christianity had passed out of its early non-political stage into the stage in which it became a State-religion, its priests, during actively militant periods, re-acquired the primitive militant character. " By the middle of the eighth century [in France], regular military service on the part of the clergy was already fully developed." In the early feudal period, bishops, abbots, and priors, became feudal lords, with all the powers and responsi bilities attaching to their positions. They had bodies of troops in their pay, took towns and fortresses, sustained sieges, led or sent troops in aid of kings. And Orderic, in 1094, describes the priests as leading their parishioners to battle, and the abbots their vassals. Though in recent times Church dignitaries do not actively participate in war, yet their advisatory function respecting it — often prompting rather than restraining — has not even now ceased ; as among our selves was lately shown in the vote of the bishops, who, with one exception, approved the invasion of Afghanistan. That the consultative body habitually includes ecclesiastics, does not, therefore, conflict with the statement that, beginning as a war-council, it grows into a permanent assembly of minor military heads. § 403. Under a different form, there is here partially repeated what was set forth when treating of oligarchies : the difference arising from inclusion of the king as a co-operative factor. Moreover, much that was before said respecting the influence of war in narrowing oligarchies, applies to that narrowing of the primitive consultative assembly by which there is produced from it a body of land-owning military nobles. But the consolidation of small societies into lame O ones effected by war, brings other influences which join in working this result. CONSULTATIVE BODIES. 407 In early assemblies of men similarly armed, it must happen that though the inferior many will recognize that authority of the superior few which is due to their leaderships as warriors, to their clan-headships, or to their supposed super natural descent ; yet the superior few, conscious that they are no match for the inferior many in a physical contest, will be obliged to treat their opinions with some deference — will not be able completely to monopolize power. But as fast as there progresses that class-differentiation before described, and as fast as the superior few acquire better weapons than the inferior many, or, as among various ancient peoples, have war- chariots, or, as in mediaeval Europe, wear coats of mail or plate armour and are mounted on horses, they, feeling their advantage, will pay less respect to the opinions of the many. And the habit of ignoring their opinions will be followed by the habit of regarding any expression of their opinions as an impertinence. This usurpation will be furthered by the growth of those bodies of armed dependents with which the superior few surround themselves — mercenaries and others, who, while •unconnected with the common freemen, are bound by fealty to their employers. These, too, with better weapons and defensive appliances than the mass, will be led to regard them with contempt and to aid in subordinating them. Not only on the occasions of general assemblies, but from day to day in their respective localities, the increasing powers of the nobles thus caused, will tend to reduce the freemen more and more to the rank of dependents ; and especially so where the military service of such nobles to their king is dispensed with or allowed to lapse, as happened in Denmark about the thirteenth century. " The free peasantry, who were originally independent proprietors of the soil, and had an equal suffrage with the highest nobles in the land, were thus compelled to seek the protection of these powerful lords, and to come under vassalage to some neighbouring Herremand, or bishop, or convent. The provincial diets, or Lands-Ting, were gradually super seded by the general national parliament of the Dannehof Adel-Ting, or Herredag ; the latter being exclusively composed of the princes, pre- 408 POLITICAL INSTITUTIONS. lates, and other great men of the kingdom. . . . As the influence of the peasantry had declined, whilst the burghers did not yet enjoy any share of political power, the constitution, although disjointed and fluctuating, was rapidly approaching the form it ultimately assumed ; that of a feudal and sacerdotal oligarchy." Another influence conducing to loss of power by the armed freemen, and gain of power by the armed chiefs who form the consultative body, follows that widening of the occupied area which goes along with the compounding and re-com pounding of societies. As Eichter remarks of the Mero vingian period, " under Chlodovech and his immediate successors, the people assembled in arms had a real participa tion in the resolutions of the king. But, with the increasing size of the kingdom, the meeting of the entire people became impossible : " only those who lived near the appointed places could attend. Two facts, one already given under another head, may be named as illustrating this effect. "The greatest national council in Madagascar is an assembly of the people of the capital, and the heads of the provinces, districts, towns, villages," &c. ; and, speaking of the English Witenage- mot, Mr. Freeman says — " sometimes we find direct mention of the presence of large and popular classes of "men, as the citizens of London or Winchester : " the implication in both cases being that all freemen had a right to attend, but that only those on the spot could avail themselves of the right. This cause for restriction, which is commented upon by Mr. Freeman, operates in several ways. When a kingdom has become large, the actual cost of a journey to the place fixed for the meeting, is too great to be borne by a man who owns but a few acres. Further, there is the indirect cost entailed by loss of time, which, to one who personally labours or superintends labour, is serious. Again, there is the danger, which in turbulent times is considerable, save to those who go with bodies of armed retainers. And, obviously, these deter rent causes must tell where, for the above reasons, the incen tives to attend have become small. Yet one more cause co-operates. An assembly of all the CONSULTATIVE BODIES. 409 armed freemen included in a large society, could they be gathered, would be prevented from taking active part in the proceedings, both by its size and by its lack of organization. A multitude consisting of those who have come from scattered points over a wide country, mostly unknown to one another unable to hold previous communication and therefore without plans, as well as without leaders, cannot cope with the rela tively small but well-organized body of those having common ideas and acting in concert. Nor should there be omitted the fact that when the causes above named have conspired to decrease the attendance of men in arms who live afar off, and when there grows up the usage of summoning the more important among them, it naturally happens that in course of time the receipt of a summons becomes the authority for attendance, and the absence of a summons becomes equivalent to the absence of a right to attend. Here, then, are several influences, all directly or indirectly consequent upon war, which join in differentiating the con sultative body from the mass of armed freemen out of which it arises. § 494. Given the ruler, and given the consultative body thus arising, there remains to ask — What are the causes of change in their relative powers ? Always between these two authorities there must be a struggle — each trying to subordi nate the other. Under what conditions, then, is the king enabled to over-ride the consultative body ? and under what conditions is the consultative body enabled to over-ride the king ? A belief in the superhuman nature of the king gives him an immense advantage in the contest for supremacy. If he is god-descended, open opposition to his will by his advisers is out of the question ; and members of his council, singly or in combination, dare do no more than tender humble advice. Moreover, if the line of succession is so settled that there 410 POLITICAL INSTITUTIONS. rarely or never occur occasions on which the king has to "be elected by the chief men, so that they have no opportunity of choosing one who will conform to their wishes, they are further debarred from maintaining any authority. Hence, habitually, we do not find consultative bodies having an inde pendent status in the despotically-governed countries of the East, ancient or modern. Though we read of the Egyptian king that " he appears to have been attended in war by the council of the thirty, composed apparently of privy councillors, scribes, and high officers of state," the implication is that the members of this council were functionaries, having such powers only as the king deputed to them. Similarly in Babylonia and Assyria, attendants and others who performed the duties of ministers and advisers to the god-descended rulers, did not form established assemblies for deliberative purposes. In ancient Persia, too, there was a like condition. The hereditary king, almost sacred and bearing extravagant titles, though subject to some check from princes and nobles of royal blood who were leaders of the army, and who ten dered advice, was not under the restraint of a constituted body of them. Throughout the history of Japan down to our own time, a kindred state of things existed. The Daimios were required to reside in the capital during prescribed inter vals, as a precaution against insubordination ; but they were never, while there, called together to take any share in the government. So too is it in China. We are told that, " although there is nominally no deliberative or advisatory body in the Chinese government, and nothing really analo gous to a congress, parliament, or tiers etat, still necessity compels the emperor to consult and advise with some of his officers." Nor does Europe fail to yield us evidence of like meaning. I do not refer only to the case of Eussia, but more especially to the case of France during the time when monarchy had assumed an absolute form. In the age when divines like Bossuet taught that " the king is account able to no one . . . the whole state is in him, and the will CONSULTATIVE BODIES. 4U of the whole people is contained in his "— in the age when the king (Louis XIV.), " imbued with the idea of his omnipo tence and divine mission," " was regarded by his subjects with adoration." he "had extinguished and absorbed even the minutest trace, idea, and recollection of all other authority except that which emanated from himself alone." Along with establishment of hereditary succession and acquirement of semi-divine character, such power of the other estates ^,s existed in early days had disappeared. Conversely, there are cases showing that where the king has never had, or does not preserve, the prestige of supposed descent from a god, and where he continues to be elective, the power of the consultative body is apt to over-ride the royal power, and eventually to suppress it. The first to be named is that of Eome. Originally " the king convoked the senate when he pleased, and laid before it his questions ; no senator might declare his opinion unasked ; still less might the senate meet without being summoned." But here, where the king, though regarded as having divine approval was not held to be of divine descent, and where, though usually nominated by a predecessor he was sometimes practically elected by the senate, and always submitted to the form of popular assent, the consultative body presently became supreme. " The senate had in course of time been converted from a corporation intended merely to advise the magistrates, into a board com manding the magistrates and self-governing." Afterwards " the right of nominating and cancelling senators originally belonging to the magistrates was withdrawn from them ;" and finally, " the irremovable character and life-tenure of the members of the ruling order who obtained seat and vote, was definitely consolidated:" the oligarchic constitution became pronounced. The history of Poland yields another example. After unions of simply-governed tribes had produced small states, and generated a nobility ; and after these small states had been united ; there arose a kingship. At first elective, as kingships habitually are, this continued so — never became 412 POLITICAL INSTITUTIONS. hereditary. On the occasion of each election out of the royal clan, there was an opportunity of choosing for king one whose character the turbulent nobles thought fittest for their own purposes ; and hence it resulted that the power of the king ship decayed. Eventually — " Of the three orders into which the state was divided, the king, though his authority had been anciently despotic, was the least important. His dignity was unaccompanied with power ; he was merely the president of the senate, and the chief judge of the republic." And then there is the instance furnished by Scandinavia, already named in another relation. Danish, Norwegian, and Swedish kings were originally elective ; and though, on sundry occasions, hereditary succession became for a time the usage, there were repeated lapses into the elective form, with the result that predominance was gained by the feudal chieftains and prelates forming the consultative body. § 495. The second element in the tri-une political struc ture is thus, like the first, developed by militancy. By this the ruler is eventually separated from all below him ; and by this the superior few are gradually integrated into a delibera tive body, separated from the inferior many. That the council of war, formed of leading warriors who debate in presence of their followers, is the germ out of which the consultative body arises, is implied by the survival of usages which show that a political gathering is originally a gathering of armed men. In harmony with this implication are such facts as that after a comparatively settled state has been reached, the power of the assembled people is limited to accepting or rejecting the proposals made, and that the mem bers of the consultative body, summoned by the ruler, who is also the general, give their opinions only when invited by him to do so. Nor do we lack clues to the process by which the primitive war-council grows, consolidates, and separates itself. Within the warrior class, which is also the land-owning class, war CONSULTATIVE BODIES. 413 produces increasing differences of wealth as well as increas ing differences of status; so that, along with the com pounding and re- compounding of groups, brought about by war, the military leaders come to be distinguished as large land-owners and local rulers. Hence members of the consultative body become contrasted with the freemen at -large, not only as leading warriors are contrasted with their followers, but still more as men of wealth and authority. This increasing contrast between the second and third elements of the tri-une political structure, ends in separation when, in course of time, war consolidates large territories. Armed freemen scattered over a wide area are deterred from attending the periodic assemblies by cost of travel, by cost of time, by danger, and also by the experience that multitudes of men unprepared and unorganized, are helpless in presence of an organized few, better armed and mounted, and with bands of retainers. So that passing through a time during which only the armed freemen living near the place of meet ing attend, there comes a time when even these, not being summoned, are considered as having no right to attend ; and thus the consultative body becomes completely differentiated. Changes in the relative powers of the ruler and the con sultative body are determined by obvious causes. If the king retains or acquires the repute of supernatural descent or authority, and the law of hereditary succession is so settled as to exclude election, those who might else have formed a consultative body having co-ordinate power, become simply appointed advisers. But if the king has not the prestujc of supposed sacred origin or commission, the consultative body retains power ; and if the king continues to be elective, it is liable to become an oligarchy. Of course it is not alleged that all consultative bodies havo been generated in the way described, or are constituted in like manner. Societies broken up by wars or dissolved by revolutions, may preserve so little of their primitive organiza tions that there remain no classes of the kinds out of which 414 POLITICAL INSTITUTIONS. such consultative bodies as those described arise. Or, as we see in our own colonies, societies may have been formed in ways which have not fostered classes of land-owning militant chiefs, and therefore do not furnish the elements out of which consultative bodies, in their primitive shapes, are composed. Under conditions of these kinds the assemblies answering to them, so far as may be, in position and function, arise under the influence of tradition or example ; and in default of men of the original kind are formed of others — generally, how ever, of those who by position, seniority, or previous official experience, are more eminent than those forming popular assemblies. It is only to what may be called normal consulta tive bodies which grow up during that compounding and re- compounding of small societies into larger ones which war effects, that the foregoing account applies ; and the senates, or superior chambers, which come into existence under later and more complex conditions, may be considered as homolo gous to them in function and composition so far only as the new conditions permit. CHAPTER IX. REPRESENTATIVE BODIES. § 496. Amid the varieties and complexities of political organization, it has proved not impossible to discern the ways in which simple political heads and compound political heads are evolved; and how, under certain conditions, the two become united as ruler and consultative body. But to see how a representative body arises, proves to be more difficult ; for both process and product are more variable. Less specific results must content us. As hitherto, so again, we must go back to the beginning to take up the clue. Out of that earliest stage of the savage horde in which there is no supremacy beyond that of the man whose strength, or courage, or cunning, gives him pre dominance, the first step is to the practice of election — • deliberate choice of a leader in war. About the conducting of elections in rude tribes, travellers say little : probably the methods used are various. But we have accounts of elections as they were made by European peoples during early times. In ancient Scandinavia, the chief of a province chosen by the assembled people, was thereupon " elevated amidst the clash of arms and the shouts of the multitude ; " and among the ancient Germans he was raised on a shield, as also was the popularly-approved Merovingian king. Recalling, as this ceremony does, the chairing of a newly-elected member of parliament up to recent times ; and reminding us that origi nally an election was by show of hands ; we are taught that the choice of a representative was once identical with the 85 416 POLITICAL INSTITUTIONS. choice of a chief. Our House of Commons had its roots in local gatherings like those in which uncivilized tribes select head warriors. Besides conscious selection there occurs among rude peoples selection by lot. The Samoans, for instance, by spinning a cocoa-nut, which, on coining to rest, points to one of the sur rounding persons, thereby single him out. Early historic races supply illustrations ; as the Hebrews in the affair of Saul and Jonathan, and as the Homeric Greeks when fixing on a champion to fight with Hector. In both these last cases there was belief in supernatural interference : the lot was supposed to be divinely determined. And probably at the outset, choice by lot for political purposes among the Athe nians, and for military purposes among the Romans, as also in later times the use of the lot for choosing deputies in some of the Italian republics, and in Spain (as in Leon during the twelfth century) was influenced by a kindred belief ; though doubtless the desire to give equal chances to rich and poor, or else to assign without dispute a mission which was onerous or dangerous, entered into the motive or was even predominant. Here, however, the fact to be noted is that this mode of choice which plays a part in representation, may also be traced back to the usages of primitive peoples. So, too, we find foreshadowed the process of delegation. Groups of men who open negociations, or who make their submission, or who send tribute, habitually appoint certain of their number to act for them. The method is, indeed, necessitated ; since a tribe cannot well perform such actions bodily. Whence, too, it appears that the sending of repre sentatives is, at the first stage, originated by causes like those which re-originate it at a later stage. For as the will of the tribe, readily displayed in its assemblies to its own members, cannot be thus displayed to other tribes, but must, in respect of inter-tribal matters be communicated by deputy ; so in a large nation, the people of each locality, able to govern them selves locally, but unable to join the peoples of remote REPRESENTATIVE BODIES. 417 localities in deliberations which concern them all, ha\e to send one or more persons to express their will. Distance in both cases changes direct utterance of the popular voice into indirect utterance. Before observing the conditions under which this singling out of individuals in one or other way for specified duties, comes to be used in the formation of a representative body, we must exclude classes of cases not relevant to our present inquiry. Though representation as ordinarily conceived, and as here to be dealt with, is associated with a popular form of government, yet the connexion between them is not a neces sary one. In some places and times representation has co existed with entire exclusion of the masses from power. In Poland, both before and after the so-called republican form was assumed, the central diet, in addition to senators nominated by the king, was composed of nobles elected in provincial assemblies of nobles : the people at large being powerless and mostly serfs. In Hungary, too, up to recent times, the privileged class which, even after it had been greatly enlarged reached only " one-twentieth of the adult males," alone formed the basis of representation. " A Hun garian county before the reforms of 1848 might be called a direct aristocratical republic : " all members of the noble class having a right to attend the local assembly and vote in appointing a representative noble to the general diet; but members of the inferior classes having no shares in the government. Other representative bodies than those of an exclusively aristocratic kind, must be named as not falling within the scope of this chapter. As Duruy remarks — " Antiquity was not as ignorant as is supposed of the representative sys tem. . . . Each Eoman province had its general assem blies. . . . Thus the Lycians possessed a true legislative body formed by the deputies of their twenty-three towns." "This assembly had even executive functions." And Gaul, Spain, all the eastern provinces, and Greece, had like assem- 418 POLITICAL INSTITUTIONS. blies. But, little as is known of them, the inference 13 tolerably safe that these were but distantly allied in genesis and position to the bodies we now distinguish as representa tive. Nor are we concerned with those senates and councils elected by different divisions of a town-population (such as were variously formed in the Italian republics) which served simply as agents whose doings were subject to the directly - expressed approval or disapproval of the assembled citizens. Here we must limit ourselves to that kind of representative body which arises in communities occupying areas so largo that their members are obliged to exercise by deputy such powers as they possess ; and, further, we have to deal exclu sively with cases in which the assembled deputies do not replace pre-existing political agencies but cooperate with them. It will be well to set out by observing, more distinctly than we have hitherto done, what part of the primitive political structure it is from which the representative body, as thus conceived, originates. § 497. Broadly, this question is tacitly answered by the contents of preceding chapters. For if, on occasions of public- deliberation, the primitive horde spontaneously divides into the inferior many and the superior few, among whom some one is most influential; and if, in the course of that compounding and re-compounding of groups which war brings about, the recognized war-chief develops into the king, while the superior few become the consultative body formed of minor military leaders ; it follows that any third co-ordinate political power must be either the mass of the inferior itself, or else some agency acting on its behalf. Truism though this may be called, it is needful here to set it down ; since, before inquiring under what circumstances the growth of a repre sentative system follows the growth of popular power, we have to recognize the relation between the two. The undistinguished mass, retaining a latent supremacy in REPRESENTATIVE BODIES. 419 simple societies not yet politically organized, though it ia brought under restraint as fast as war establishes obedience, and conquests produce class-differentiations, tends, when occasion permits, to re-assert itself. The sentiments and beliefs, organized and transmitted, which, during certain stages of social evolution, lead the many to submit to the few, come, under some circumstances, to be traversed by other sentiments and beliefs. Passing references have been in several places made to these. Here we must consider them seriatim and more at length. One factor in the development of the patriarchal group during the pastoral stage, was shown to be the fostering of subordination to its head by war ; since, continually, there survived the groups in which subordination was greatest. But if so, the implication is that, conversely, cessation of war tends to diminish subordination. Members of the com pound family, originally living together and fighting together, become less strongly bound in proportion as they have less frequently to cooperate for joint defence under their head. Hence, the more peaceful the state the more independent become the multiplying divisions forming the gens, the phratry, and the tribe. With progress of industrial life arises greater freedom of action — especially among the distantly- related members of the group. So must it be, too, in a feudally-governed assemblage. While standing quarrels with neighbours are ever leading to local battles — while bodies of men-at-arms are kept ready, and vassals are from time to time summoned to fight- while, as a concomitant of military service, acts of homage are insisted upon; there is maintained a regimental sub jection running through the group. But as fast as aggres sions and counter-aggressions become less frequent, the carrying of arms becomes less needful; there is less occa sion for periodic expressions of fealty; and there is an increase of daily actions performed without direction of a superior, whence a fostering of individuality of character. 420 POLITICAL INSTITUTIONS. These changes are furthered by the decline of superstitions beliefs concerning the natures of head men, general and local. As before shown, the ascription of superhuman origin, or supernatural power, to the king, greatly strengthens his hands ; and where the chiefs of component groups have a sacredness due to nearness in blood to the semi-divine ancestor worshipped by all, 01 are members of an invading, god-descended race, their authority over dependents is largely enforced. By implication then, whatever undermines ancestor- worship, and the system of beliefs accompanying it, favours the growth of popular power. Doubtless the spread of Christianity over Europe, by diminishing the prestige of governors, major and minor, prepared the way for greater independence of the governed. These causes have relatively small effects where the people are scattered. In rural districts the authority of political superiors is weakened with comparative slowness. Even after peace has become habitual, and local heads have lost their semi-sacred characters, there cling to them awe-inspiring traditions : they are not of ordinary flesh and blood. Wealth which, through long ages, distinguishes the nobleman exclu sively, gives him both actual power and the power arising from display. Eixed literally or practically, as the several grades of his inferiors are during clays when locomotion is difficult, he long remains for them the solitary sample of a great man. Others are only known by hearsay ; he is known by experience. Inspection is easily maintained by him over dependent and sub-dependent people ; and the disrespectful or rebellious, if they cannot be punished overtly, can be deprived of occupation, or otherwise so hindered in their lives that they must submit or migrate. Down to our own day, the behaviour of peasants and farmers to the squire, is suggestive of the strong restraints which kept rural popula tions in semi-servile states after primitive controlling influences had died away. Converse effects may be expected under converse condi- REPRESENTATIVE BODIES. 421 tions; namely, where large numbers become closely aggre gated. Even if such large numbers are formed of groups severally subordinate to heads of clans, or to feudal lords, sundry influences combine to diminish subordination. When there are present in the same place many superiors to whom respectively their dependents owe obedience, these superiors tend to dwarf one another. The power of no one is so im posing if there are daily seen others who make like displays. Further, when groups of dependents are mingled, supervision cannot be so well maintained by their heads. And this which hinders the exercise of control, facilitates combination among those to be controlled : conspiracy is made easier and detec tion of it more difficult. Again, jealous of one another, as these heads of clustered groups are likely in such circum stances to be, they are prompted severally to strengthen themselves ; and to this end, competing for popularity, are tempted to relax the restraints over their inferiors and to give protection to inferiors ill-used by other heads. Still more are their powers undermined when the assemblage includes many aliens. As before implied, this above all causes favours the growth of popular power. In proportion as immigrants, detached from the gentile or feudal divisions they severally belong to, become numerous, they weaken the structures of the divisions among which they live. Such organization as these strangers fall into is certain to be a looser one; and their influence acts as a dissolvent to the surrounding organizations. And here we are brought back to the truth which cannot be too much insisted upon, that growth of popular power is in all ways associated with trading activities. For only by trading activities can many people be brought to live in close contact. Physical necessities maintain the wide dispersion of a rural population ; while physical necessities impel the gathering together of those who are commercially occupied. Evidence from various countries and times shows that periodic gatherings for religious rites, or other public purposes, furnish 422 POLITICAL INSTITUTIONS. opportunities for buying and selling, which are habitually utilized ; and this connexion between the assembling of many people and the exchanging of commodities, which first shows itself at intervals, becomes a permanent connexion where many people become permanently assembled — where a town grows up in the neighbourhood of a temple, or around a stronghold, or in a place favoured by local circumstances for some manufacture. Industrial development further aids popular emancipation by generating an order of men whose power, derived from their wealth, competes with, and begins in some cases to exceed, the power of those who previously were alone wealthy —the men of rank. While this initiates a conflict which diminishes the influence previously exercised by patriarchal or feudal heads only, it also initiates a milder form of sub ordination. Rising, as the rich trader habitually does in early times, from the non-privileged class, the relation between him and those under him is one from which there is excluded the idea of personal subjection. In proportion as the indus trial activities grow predominant, they make familiar a con nexion between employer and employed which differs from the relation between master and slave, or lord and vassal, by not including allegiance. Under earlier conditions there does not exist the idea of detached individual life — life which neither receives protection from a clan-head or feudal supe rior, nor is carried on in obedience to him. But in town populations, made up largely of refugees, who either become small traders or are employed by great ones, the experience of a relatively-independent life becomes common, and the conception of it clear. And the form of cooperation distinctive of the industrial state thus arising, fosters the feelings and thoughts appro priate to popular powrer. In daily usage there is a balancing of claims ; and the idea of equity is, generation after genera tion, made more definite. The relations between employer and employed, and between buyer and seller, can be maio- BEPRESENTATIVE BODIES. 423 tainecl only on condition that the obligations on either side are fulfilled. Where they are not fulfilled the relation lapses, and leaves outstanding those relations in which they are ful filled. Commercial success and growth have thus, as their inevitable concomitants, the maintenance of the respective rights of those concerned, and a strengthening consciousness of them. In brief, then, dissolving in various ways the old relation of status, and substituting the new relation of contract (to use Sir Henry Maine's antithesis), progressing industrialism brings together masses of people who by their circumstances are enabled, and by their discipline prompted, to modify the political organization which militancy has bequeathed. § 498. It is common to speak of free forms of government as having been initiated by happy accidents. Antagonisms between different powers in the State, or different factions, have caused one or other of them to bid for popular support, with the result of increasing popular power. The king's jealousy of the aristocracy has induced him to enlist the sympathies of the people (sometimes serfs but more fre quently citizens) and therefore to favour them ; or, otherwise, the people have profited by alliance with the aristocracy in resisting royal tyrannies and exactions. Doubtless, the facts admit of being thus presented. With conflict there habitually goes the desire for allies ; and throughout medieval Europe while the struggles between monarchs and barons were chronic, the support of the towns was important. Germany, France, Spain, Hungary, furnish illustrations. But it is an error to regard occurrences of these kinds as causes of popular power. They are to be regarded rather as the conditions under which the causes take effect. These incidental weakenings of pre-existing institutions, do but furnish opportunities for the action of the pent-up force which is ready to work political changes. Three factors in this force may be distinguished : — the relative mass of those com- 424 POLITICAL INSTITUTIONS. posing the industrial communities as distinguished from those embodied in the older forms of organization ; the permanent sentiments and ideas produced in them by their mode of life ; and the temporary emotions roused by special acts of oppression or by distress. Let us observe the cooperation of these. Two instances, occurring first in order of time, are fur nished by the Athenian democracy. The condition which preceded the Solonian legislation, was one of violent dis sension among political factions ; and there was also " a general mutiny of the poorer population against the rich, re sulting from misery combined with oppression." The more extensive diffusion of power effected by the revolution which Kleisthenes brought about, occurred under kindred circum stances. The relatively-detached population of immigrant traders, had so greatly increased between the time of Solon and that of Kleisthenes, that the four original tribes forming the population of Attica had to be replaced by ten. And then this augmented mass, largely composed of men not under clan-discipline, and therefore less easily restrained by the ruling classes, forced itself into predominance at a time when the ruling classes were divided. Though it is said that Kleisthenes " being vanquished in a party contest with his rival, took the people into partnership" — though the change is represented as being one thus personally initiated ; yet in the absence of that voluminous popular will which had long been growing, the political re-organization could not have been made, or, if made, could not have been maintained. The remark which Grote quotes from Aristotle, "that sedi tions are generated by great causes but out of small incidents," if altered slightly by writing "political changes" instead of "seditions," fully applies. For clearly, once having been enabled to assert itself, this popular power could not be forth with excluded. Kliiisthenes could not under such circum stances have imposed on so large a mass of men arrangements at variance with their wishes. Practically therefore, it was the REPRESENTATIVE BODIES. 425 growing industrial power which then produced, and thereafter preserved, the democratic organization. Turning to Italy, we first note that the establishment of the small republics, referred to in a preceding chapter as having been simultaneous with the decay of imperial power, may here be again referred to more specifically as having been simul taneous with that conflict of authorities which caused this decay. Says Sismondi, "the war of investitures gave wing to this universal spirit of liberty and patriotism in all the municipalities of Lombardy, of Piedmont, Yenetia, Eomagna, and Tuscany." In other words, while the struggle between Emperor and Pope absorbed the strength of both, it became possible for the people to assert themselves. And at a later time, Florence furnished an instance similar in nature if somewhat different in form. "At the moment when 'Florence expelled the Medici, that republic was bandied between three different parties.' Savonarola took advan tage of this state of affairs to urge that the people should reserve their power to themselves, and exercise it by a council. His proposition was agreed to, and this ' council was declared sovereign.' " In the case of Spain, again, popular power increased during the troubles accompanying the minority of Fernando IV. ; and of the periodic assemblies subsequently formed by deputies from certain towns (which met without authority of the Government) we read that — " The desire of the Government to frustrate the aspiring schemes of the Infantes de la Cerda, and their numerous adherents, made the attachment of these assemblies indispensable. The disputes during the minority of Alfonso XI. more than ever favoured the pretensions of the third estate. Each of the candidates for the regency paid assiduous court to the municipal authorities, in the hope of obtaining the neces sary suffrages." And how all this was consequent on industrial development, appears in the facts that many, if not most, of these associated towns, had arisen during a preceding age by the re-coloniza- tioii of regions desolated during the prolonged contests of Moors and Christians; and that these " poblaciones," or com munities of colonists, which, scattered over these vast tracts 426 POLITICAL INSTITUTIONS. grew into prosperous towns, had been formed of serfs and artizans to whom various privileges, including those of self- government, were given by royal charter. With which examples must be joined the example familiar to all. For in England it was during the struggle between king and barons, when the factions were nearly balanced, and when the town-populations had been by trade so far increased that their aid was important, that they came to play a noticeable part, first as allies in war and afterwards as sharers in govern ment. It cannot be doubted that when summoning to the parliament of 1265, not only knights of the shire but also deputies from cities and boroughs, Simon of Montfort was prompted by the desire to strengthen himself against the royal party supported by the Pope. And whether he sought thus to increase his adherents, or to obtain larger pecuniary means, or both, the implication equally is that the urban populations had become a relatively-important part of the nation. This interpretation harmonizes with subsequent events. For though the representation of towns afterwards lapsed, yet it shortly revived, and in 1295 became established. As Hume remarks, such an institution could not "have attained to so vigorous a growth and have flourished in the midst of such tempests and convulsions," unless it had been one, " for which the general state of things had already pre pared the nation :" the truth here to be added being that this "general state of things" was the augmented mass, and hence augmented influence, of the free industrial communities. Confirmation is supplied by cases showing that power gained by the people during times when the regal and aris tocratic powers are diminished by dissension, is lost again if, while the old organization recovers its stability and activity, industrial growth does not make proportionate progress. Spain, or more strictly Castile, yields an example. Such share in government as was acquired by those industrial communities which grew up during the colonization of the waste lands, became, in the space of a few reigns characterized REPRESENTATIVE BODIES. 427 by successful wars and resulting consolidations, scarcely more than nominal § 499. It is instructive to note how that primary incentive to cooperation which initiates social union at large, continues afterwards to initiate special unions within the general union. For just as external militancy sets up and carries on the organization of the whole, so does internal militancy set up and carry O.A the organization of the parts ; even when those parts, industrial in their activities, are intrinsically non- militant. On looking into their histories we find that the increasing clusters of people who, forming towns, lead lives essentially distinguished by continuous exchange of services under agreement, develop their governmental structures during their chronic antagonisms with the surrounding mili tant clusters. We see, first, that these settlements of traders, growing important and obtaining royal charters, were by doing this placed in quasi-militant positions — became in modified ways holders of fiefs from their king, and had the associated re sponsibilities. Habitually they paid dues of sundry kinds equivalent in general nature to those paid by feudal tenants ; and, like them, they were liable to military service. In Spanish chartered towns "this was absolutely due from every inhabitant ;" and " every man of a certain property was bound to serve on horseback or pay a fixed sum." In France " in the charters of incorporation which towns received, the number of troops required was usually expressed." And in the chartered royal burghs of Scotland " every burgess was a direct vassal of the crown." Next observe that industrial towns (usually formed by coalescence of pre-existing rural divisions rendered populous because local circumstances favoured some form of trade, and presently becoming places of hiding for fugitives, and of security for escaped serfs) began to stand toward the small feudally-governed groups around them, in relations like those 428 POLITICAL INSTITUTIONS. iu which these stood to one another: competing with them for adherents, and often fortifying themselves. Sometimes, too, as in France in. the 13th century, towns became suze rains, while communes had the right of war in numerous cases ; and in England in early days the maritime towns carried on wars with one another. Again there is the fact that these cities and boroughs, which by royal charter or otherwise had acquired powers of administering their own affairs, habitually formed within themselves combinations for protective purposes. In England, in Spain, in France, in Germany (sometimes with assent of the king, sometimes notwithstanding his reluctance as in England, sometimes in defiance of him, as in ancient Holland) there rose up gilds, which, having their roots in the natural unions among related persons, presently gave origin to frith- gilds and merchant-gilds ; and these, defensive in their rela tions to one another, formed the bases of that municipal organization which carried on the general defence against aggressing nobles. Once more, in coimtri°i where the antagonisms between these industrial communities and the surrounding militant communities were violent and chronic, the industrial com munities combined to defend themselves. In Spain the " poblaciones," which when they flourished and grew into large places were invaded and robbed by adjacent feudal lords, formed leagues for mutual protection ; and at a lateu date there arose, under like needs, more extensive confedera tions of cities and towns, which, under severe penalties foi non-fulfilment of the obligations, bound themselves to aid one another in resisting aggressions, whether by king or nobles. In Germany, too, we have the perpetual alliance entered into by sixty towns on the Eliine in 1255, when, during the troubles that followed the deposition of the Emperor Frederic II., the tyranny of the nobles had become insupportable. And we have the kindred unions formed under like incentives in Holland and in France. So that, KEPKESENTATIVE BODIES. 429 both in small and in large ways, the industrial groups here and there growing up within a nation, are, in many cases, forced by local antagonisms partially to assume activities and structures like those which the nation as a whole is forced to assume in its antagonisms with nations around. Here the implication chiefly concerning us is that if indus trialism is thus checked by a return to militancy, the growth of popular power is arrested. Especially where, as happened in the Italian republics, defensive war passes into offensive war, and there grows up an ambition to conquer other terri tories and towns, the free form of government proper to industrial life, becomes qualified by, if it does not revert to, the coercive form accompanying militant life. Or where, as happened in Spain, the feuds between towns and nobles con tinue through long periods, the rise of free institutions is arrested; since, under such conditions, there can be neither that commercial prosperity which produces large urban popu lations, nor a cultivation of the associated mental nature. Whence it may be inferred that the growth of popular power accompanying industrial growth in England, was largely due to the comparatively small amount of this warfare between the industrial groups and the feudal groups around them. The effects of the trading life were leas interfered with ; and the local governing centres, urban and rural, were not pre vented from uniting to restrain the general centre. § 500. And now let us consider more specifically how the governmental influence of the people is acquired. By the histories of organizations of whatever kind, we are shown that the purpose originally subserved by some arrangement is not always the purpose eventually subserved. It is so here. Assent to obligations rather than assertion of rights has ordi narily initiated the increase of popular power. Even the transformation effected by the revolution of Kleisthenes at Athens, took the form of a re-distribution of tribes and denies for purposes of taxation and military service. In Koine, too, 430 POLITICAL INSTITUTIONS. that enlargement of the oligarchy which occurred under Servius Tullius, had for its ostensible motive the imposing on plebeians of obligations which up to that time had been borne exclusively by patricians. But we shall best under stand this primitive relation between duty and power, in which the duty is original and the power derived, by going back once more to the beginning. For when we remember that the primitive political assembly is essentially a war-council, formed of leaders who debate in presence of their followers ; and when we remember that in early stages all free adult males, being warriors, are called on to join in defensive or offensive actions ; we see that, originally, the attendance of the armed freemen is in pursuance of the military service to which they are bound, and that such power as, when thus assembled, they exercise, is incidental. Later stages yield clear proofs that this is the normal order ; for it recurs where, after a political dissolution, political organiza tion begins de novo. Instance the Italian cities, in which, as we have seen, the original " parliaments," summoned for defence by the tocsin, included all the men capable of bearing arms : the obligation to fight coming first, and the right to vote coming second. And, naturally, this duty of attendance survives when the primitive assemblage assumes other functions than those of a militant kind ; as witness the before- named fact that among the Scandinavians it was " disrepu table for freemen not to attend " the annual assembly ; and the further facts that in France the obligation to be present at the hundred-court in the Merovingian period, rested upon all full freemen ; that in the Carolingian period "non-attendance is punished by fines" ; that in England the lower freemen, as well as others, were " bound to attend the shire-moot and hundred-moot " under penalty of " large fines for neglect of duty ;" and that in the thirteenth century in Holland, when the burghers were assembled for public purposes, " anyone ringing the town bell, except by general consent, and anyone not appearing when it tolls, are liable to a fine." REPRESENTATIVE BODIE3. 431 After recognizing this primitive relation between popular duty and popular power, we shall more clearly understand the relation as it re-appears when popular power begins to revive along with the growth of industrialism. For here, again, the fact meets us that the obligation is primary and the power secondary. It is mainly as furnishing aid to the ruler, generally for war purposes, that the deputies from towns begin to share in public affairs. There recurs under a com plex form, that which at an early stage we see in a simple form. Let us pause a moment to observe the transition. As was shown when treating of Ceremonial Institutions, the revenues of rulers are derived, at first wholly and after wards partially, from presents. The occasions on which assemblies are called together to discuss public affairs (mainly military operations for which supplies are needed) naturally become the occasions on which the expected gifts are offered and received. When by successful wars the militant king consolidates small societies into a large one — when there comes an " increase of royal power in intension as the king dom increases in extension " (to quote the luminous expres sion of Prof. Stubbs) ; and when, as a consequence, the quasi- voluntary gifts become more and more compulsory, though still retaining such names as donum and auxiliiim; it generally happens that these exactions, passing a bearable limit, lead to resistance : at first passive and in extreme cases active. If by consequent disturbances the royal power is much weakened, the restoration of order, if it takes place, is likely to take place on the understanding that, with such modifications as may be needful, the primitive system of voluntary gifts shall be re-established. Thus, when in Spain the death of Sancho L was followed by political dissensions, the deputies from thirty- two places, who assembled at Yalladolid, decided that demands made by the king beyond the customary dues should be answered by death of the messenger ; and the need for gaining the adhesion of the towns during the conflict with a pre tender, led to an apparent toleration of this attitude. Simi- 86 432 POLITICAL INSTITUTIONS. larly in the next century, during disputes as to the regency while Alphonso XL was a minor, the cortes at Burgos demanded that the towns should " contribute nothing beyond what was prescribed in " their charters. Kindred causes wrought kindred results in France; as when, by an insur rectionary league, Louis Hutin was obliged to grant charters to the nobles and burgesses of Picardy and of Normandy, renouncing the right of imposing undue exactions ; and as when, on sundry occasions, the States-general were assembled for the purpose of reconciling the nation to imposts levied to carry on wars. Nor must its familiarity cause us to omit the instance furnished by our own history, when, after pre liminary steps towards that end at St. Alban's and St. Edmund's, nobles and people at Eunnymede effectually restrained the king from various tyrannies, and, among others, from that of imposing taxes, without the consent of his sub jects. And now what followed from arrangements which, with modifications due to local conditions, were arrived at in several countries under similar circumstances ? Evidently when the king, hindered from enforcing unauthorized demands, had to obtain supplies by asking his subjects, or the more powerful of them, his motive for summoning them, or their representa tives, became primarily that of getting these supplies. The predominance of this motive for calling together national assemblies, may be inferred from its predominance previously shown in connexion with local assemblies ; as instance a writ of Henry I. concerning shire-moots, in which, professing to restore ancient custom, he says — " I will cause those courts to be summoned when I will for my own sovereign necessity, at my pleasure." To vote money is therefore the primary purpose for which chief men and representatives are as sembled. § 501. From the ability to prescribe conditions under which money will l>e voted, grows the ability, and finally the right, BEPRESENTATIVE BODIES. 433 to join in legislation. This connexion is A agilely typified in early stages of social evolution. Making gifts and getting redress go together from the beginning. As was said of Gulab Singh, when treating of presents— " even in a crowd one could catch his eye by holding up a rupee and crying out, * Maharajah, a petition/ He would pounce down like a hawk on the money, and, having appropriated it, would patiently hear out the petitioner."* I have in the same place given further examples of this relation between yielding support to the governing agency, and demanding protection from it ; and the examples there given may be enforced by such others as that, among ourselves in early days, " the king's court itself, though the supreme judicature of the kingdom, was open to none that brought not presents to the king/' and that, as shown by the exchequer rolls, every remedy for a grievance or security against aggression had to be paid for by a bribe : a state of things which, as Hume remarks, was paralleled on the Continent. Such being the original connexion between support of the political head and protection by the political head, the inter pretation of the actions of parliamentary bodies, when they arise, becomes clear. Just as in rude assemblies of king, military chiefs, and armed freemen, preserving in large measure the primitive form, as those in France during the Merovingian period, the presentation of gifts went along with the transaction of public business, judicial as well as military — just as in our own ancient shire-moot, local government, in cluding the administration of justice, was accompanied by the furnishing of ships and the payment of " a composition for the feorm-fultum, or sustentation of the king ;" so when, after successful resistance to excess of royal power, there came * Reference to the passage since made shows not only this initial relation, but still more instructively shows that at the very beginning there arises the question whether protection shall come first and payment afterwards, or pay ment first and protection afterwards. For the passage continues : — "Once a man after this fashion making a complaint, when the Maharajah was taking the rupee, closed his hand on it, and said, ' No, first hear what I have to say.' " 434 POLITICAL INSTITUTIONS. assemblies of nobles and representatives summoned by the king, there re-appeared, on a higher platform, these simulta neous demands for money on the one side and for justice on the other. We may assume it as certain that with an average humanity, the conflicting egoisms of those concerned will be the main factors ; and that on each side the aim will be to give as little, and get as much, as circumstances allow. France, Spain, and England, yield examples which unite in showing this. When Charles V. of France, in 1357, dismissing the States- general for alleged encroachments on his rights, raised money by further debasing the coinage, and caused a sedition in Paris which endangered his life, there was, three months later, a re-convocation of the States, in which the petitions of the former assembly were acceded to, while a subsidy for war purposes was voted. And of an assembled States-general in 1366, Hallam writes : — " The necessity of restoring the coinage is strongly represented as the grand condition upon which they consented to tax the people, who had been long defrauded by the base money of Philip the Fair and his successors." Again, in Spain, the incorporated towns, made liable by their charters only for certain payments and services, had continually to resist unauthorized demands ; while the kings, continually promising not to take more than their legal and customary dues, were continually breaking their promises. In 1328 Alfonso XL " bound himself not to exact from his people, or cause them to pay, any tax, either partial or general, not hitherto established by law, without the previous grant of all the deputies convened by the Cortes." And how little such pledges were kept is shown by the fact that, in 1393, the Cortes who made a grant to Henry III., joined the condition that— " He should swear before one of the archbishops not to take or demand any money, service, or loan, or anything else of the cities and towns, nor of individuals belonging to them, on any pretence of necessity, until the three estates of the kingdom should first be duly summoned and assembled in Cortes according to ancient usage." Similarly in England during the time when parliamentary REPRESENTATIVE BODIES. 435 power was being established. While, with national consoli dation, the royal authority had been approaching to absolute ness, there had been, by reaction, arising that resistance which, resulting in the Great Charter, subsequently initiated the prolonged struggle between the king, trying to break through its restraints, and his subjects trying to maintain and to strengthen them. The twelfth article of the Charter having promised that 110 scutage or aid save those which were esta blished should be imposed without consent of the national council, there perpetually recurred, both before and after the expansion of Parliament, endeavours on the king's part to get supplies without redressing grievances, and endeavours on the part of Parliament to make the voting of supplies con tingent on fulfilment of promises to redress grievances. On the issue of this struggle depended the establishment of popular power ; as we are shown by comparing the histories of the French and Spanish Parliaments with that of the English Parliament. Quotations above given prove that the Cortes originally established, and for a time maintained, the right to comply with or to refuse the king's requests for money, and to impose their conditions ; but they eventually failed to get their conditions fulfilled. "In the struggling condition of Spanish liberty under Charles I., the crown began to neglect answering the petitions of Cortes, or to use un satisfactory generalities of expression. This gave rise to many remon strances. The deputies insisted, in 1523, on having answers before they granted money. They repeated the same contention in 1525, and obtained a general law, inserted in the Eecopilacion, enacting that the king should answer all their petitions before he dissolved the assembly. This, however, was disregarded as before." And thereafter rapidly went on the decay of parliamentary power. Different in form but the same in nature, was the change which occurred in France. Having at one time, as shown above, made the granting of money conditional on the obtainment of justice, the States-general was induced to surrender its restraining powers. Charles VII. — " obtained from the States of the royal domains which met in 1439 that 436 POLITICAL INSTITUTIONS. they [the tallies] should be declared permanent, and from 1444 he levied them as such, i.e. uninterruptedly and without previous vote. . . . The permanence of the tailles was extended to the provinces annexed to the crown, but these preserved the right of voting them by their pro vincial estates. ... In the hands of Charles VII., and Louis XI., the royal impost tended to be freed from all control. . . . Its amount increased more and more." "Whence, as related by Dareste, it resulted that " when the tailles and aides . . . had been made permanent, the convocation of the States -general ceased to be necessary. They were little more than show assemblies." But in our own case, during the century succeeding the final establish ment of Parliament, frequent struggles necessitated by royal evasions, trickeries, and falsehoods, brought increasing power to withhold supplies until petitions had been attended to. Admitting that this issue was furthered by the conflicts of political factions, which diminished the coercive power of the king, the truth to be emphasized is that the increase of a free industrial population was its fundamental cause. The calling together knights of the shire, representing the class of small landowners, which preceded on several occasions the calling together deputies from towns, implied the growing im portance of this class as one from which money was to be raised ; and when deputies from towns were summoned to the Parliament of 1295, the form of summons shows that the motive was to get pecuniary aid from portions of the popula tion which had become relatively considerable and rich. Already the king had on more than one occasion sent special agents to shires and boroughs to raise subsidies from them for his wars. Already he had assembled provincial councils formed of representatives from cities, boroughs, and market- towns, that he might ask them for votes of money. And when the great Parliament was called together, the reason set forth in the writs was that wars with Wales, Scotland, and France, were endangering the realm : the implication being that the necessity for obtaining supplies led to this recogni tion of the towns as well as the counties. REPRESENTATIVE BODIES. 437 So too was it in Scotland. The first known occasion on wliich representatives from burghs entered into political action, was when there was urgent need for pecuniary help from all sources; namely, " at Cambuskenneth on the loth day of July, 1326, when Bruce claimed from his people a revenue to meet the expenses of his glorious war and the necessities of the State, which was granted to the monarch by the earls, barons, burgesses, and free tenants, in full parliament assembled." In which cases, while we are again shown that the obliga tion is original and the power derived, we are also shown that it is the increasing mass of those who carry on life by volun tary cooperation instead of compulsory cooperation — partly the rural class of small freeholders and still more the urban class of traders — which initiates popular representation. § 502. Still there remains the question — How does the representative body become separate from the consultative body ? Eetaining the primitive character of councils of war, national assemblies were in the beginning mixed. The dif ferent " arms," as the estates were called in Spain, originally formed a single body. Knights of the shire when first sum moned, acting on behalf of numerous smaller tenants of the king owing military service, sat and voted with the greater tenants. Standing, as towns did at the outset, very much in the position of fiefs, those who represented them were not unallied in legal status to feudal chiefs ; and, at first assembling with these, in some cases remained united with them, as appears to have been habitually the case in France and Spain. Under what circumstances, then, do the consultative and representa tive bodies differentiate ? The question is one to which there seems no very satisfactory answer. Quite early we may see foreshadowed a tendency to part, determined by unlikeness of functions. During the Carolin- gian period in France, there were two annual gatherings : a larger which all the armed freemen had a right to attend, and 438 POLITICAL INSTITUTIONS. a smaller formed of the greater personages deliberating on more special affairs. " If the weather was fine, all this passed in the open air ; if not, in distinct buildings . . . When the lay and ecclesiastical lords wrere . . . separated from the multitude, it remained in their option to sit together, or separately, according to the affairs of which they had to treat," And that unlikeness of functions is a cause of separation we find evidence in other places and times. Describing the armed national assemblies of the Hungarians, originally mixed, Levy writes : — " La derniere reunion de ce genre cut lieu quelque temps avant la bataille de Moliacs ; mais bientot apres, la diete se divisa en deux chambres : la table des ma-gnats et la table des deputes." In Scotland, again, in 1367 — 8, the three estates having met, and wishing, for reasons of economy and convenience, to be excused from their functions as soon as possible, " elected certain persons to hold Parliament, who were divided into two bodies, one for the general affairs of the king and kingdom, and another, a smaller division, for acting as judges upon appeals." In the case of England we find that though, in the writs calling together Simon of Montfort's Parliament, no distinction was made between magnates and deputies, yet when, a generation after, Parliament became established, the writs made a dis tinction : " counsel is deliberately mentioned in the invitation to the magnates, action and consent in the invitation to representatives." Indeed it is clear that since the earlier- formed body of magnates was habitually summoned for consultative purposes, especially military, while the represen tatives afterwards added were summoned only to grant money, there existed from the outset a cause for separation. Sundry influences conspired to produce it. Difference of language, still to a considerable extent persisting and imped ing joint debate, furnished a reason. Then there was the effect of class-feeling, of which we have definite proof. Though they were in the same assembly, the deputies from boroughs " sat apart both from the barons and knights, who REPRESENTATIVE BODIES. 439 disdained to mix with such mean personages ; " and probably the deputies themselves, little at ease in presence of imposing superiors, preferred sitting separately. Moreover, it was customary for the several estates to submit to taxes in dif ferent proportions ; and this tended to entail consultation among the members of each by themselves. Finally, we read that " after they [the deputies] had given their consent to the taxes required of them, their business being then finished, they separated, even though the Parliament still continued to sit, and to canvass the national business." In which last fact we are clearly shown that though aided by other causes, unlikeness of duties was the essential cause which at length produced a permanent separation between the representative body and the consultative body. Thus at first of little account, and growing in power only because the free portion of the community occupied in pro duction and distribution grew in mass and importance, so that its petitions, treated with increasing respect and more fre quently yielded to, began to originate legislation, the repre sentative body came to be that part of the governing agency which more and more expresses the sentiments and ideas of industrialism. While the monarch and upper house are the products of that ancient regime of compulsory cooperation the spirit of which they still manifest, though in decreasing degrees, the lower house is the product of that modern regime of voluntary cooperation which is replacing it; and in an increasing degree, this lower house carries out the wishes of people habituated to a daily life regulated by contract instead of by status. § 503. To prevent misconception it must be remarked, before summing up, that an account of representative bodies which have been in modern days all at once created, is not here called for. Colonial legislatures, consciously framed in conformity with traditions brought from the mother-country, illustrate the genesis of senatorial and representative bodies 440 POLITICAL INSTITUTIONS. in but a restricted sense: showing, as they do, how the structures of parent societies reproduce themselves in derived societies, so far as materials and circumstances allow; but not showing how these structures were originated. Still less need we notice those cases in which, after revolutions, peoples who have lived under despotisms are led by imitation sud denly to establish representative bodies. Here we are con cerned only with the gradual evolution of such bodies. Originally supreme, though passive, the third element in the tri-une political structure, subjected more and more as militant activity develops an appropriate organization, begins to re-acquire power when war ceases to be chronic. Subordi nation relaxes as fast as it becomes less imperative. Awe of the ruler, local or general, and accompanying manifestations of fealty, decrease ; and especially so where the prestige of supernatural origin dies out. Where the life is rural the old relations long survive in qualified forms ; but clans or feudal groups clustered together in towns, mingled with numbers of unattached immigrants, become in various ways less con trollable ; while by their habits their members are educated to increasing independence. The small industrial groups thus growing up within a nation consolidated arid organized by militancy, can but gradually diverge in nature from the rest. For a long time they remain partially militant in their structures and in their relations to other parts of the com munity. At first chartered towns stand substantially on the footing of fiefs, paying feudal dues and owing military service. They develop, within themselves, unions, more or less coercive in character, for mutual protection. They often carry on wars with adjacent nobles and with one another. They not uncommonly form leagues for joint defence. And where the semi-militancy of towns is maintained, industrial development and accompanying increase of popular power are arrested. But where circumstances have favoured manufacturing and commercial activities, and growth of the population devoted REPRESENTATIVE BODIES. 441 to them, this, as it becomes a large component of the society, makes its influence felt. The primary obligation to render money and service to the head of the State, often reluctantly complied with, is resisted when the exactions are great ; and resistance causes conciliatory measures. There comes asking assent rather than resort to compulsion. If absence of violent local antagonisms permits, then on occasions when the political head, rousing anger by injustice, is also weakened by defections, there comes cooperation with other classes of oppressed subjects. Men originally delegated simply that they may authorize imposed burdens, are enabled as the power behind them increases, more and more firmly to insist on conditions ; and the growing practice of yielding to their petitions as a means to obtaining their aid, initiates the practice of letting them share in legislation. Finally, in virtue of the general law of organization that difference of functions entails differentiation and division of the parts performing them, there comes a separation. At first summoned to the national assembly for purposes par tially like and partially unlike those of its other members, the elected members show a segregating tendency, which, where the industrial portion of the community continues tc gain power, ends in the formation of a representative body distinct from the original consultative body. Spencer, Herbert B J 1652 The principles of ,/V6. sociology Vol.2 pt.t