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ground to witness some performance. During this whole period of ten days, he is forbidden to speak except in answer to questions. He is decorated with various totem emblems, for which every detail is prescribed by the council of the tribal fathers and tribal elder brothers. He is charged to obey every command and never to tell any woman or boy what he may see. The sense that something out of the ordinary is to happen to him helps to impress him strongly with a feeling of the deep importance of compliance with the tribal rules, and further still, with a strong sense of the superiority of the older men who know and are familiar with the mysterious rites of which he is about to learn the meaning for the first time. At intervals he watches symbolic performances of men decorated like various totem animals, who represent the doings of the animal ancestors of the clan; he hears mysterious sounds of the so-called bull-roarers, which are supposed by the women and uninitiated to be due to unseen spirits; and the whole ends with the operation which symbolizes his induction into young manhood. But even this is not all; when the young man has reached the age of discretion, when it is felt that he can fully comprehend the traditions of the tribe, at the age of from twenty to twenty-five, a still more impressive series of ceremonies is conducted, which in the instance reported lasted from September to January. This period was filled up with dances, "corroborees," and inspection of the churinga or sacred emblems—stones or sticks which were supposed to be the dwellings of ancestral spirits and which are carefully preserved in the tribe, guarded from the sight of women and boys, but known individually to the elders as the sacred dwelling-place of father or grandfather. As these were shown and passed around, great solemnity was manifest and the relatives sometimes wept at the sight of the sacred object. Ceremonies imitating various totem animals, frequently of the most elaborate sort, were also performed. The young men were told the traditions of the past history of the tribe, and at the close of the recital they felt added reverence for the old men who had been their instructors, a sense of pride in the possession of this mysterious knowledge, and a deeper unity because of what they now have in common. One is at a loss whether to wonder most at the possibility of the whole tribe devoting itself for three months to these elaborate functions of initiation, or at the marvelous adaptability of such ceremonies to train the young into an attitude of docility and reverence. A tribe that can enforce such a process is not likely to be wanting in one side, at least, of the moral consciousness, namely, reverence for authority and regard for the social welfare.[30]
2. Law and Justice.—The occasions for some control over refractory members will constantly arise, even though the conflict between group and individual may need no physical sanctions to enforce the authority of the group over its members. The economic motive frequently prompts an individual to leave the tribe or the joint family. There was a constant tendency, Eastman states, among his people, when on a hunting expedition in the enemy's country, to break up into smaller parties to obtain food more easily and freely. The police did all they could to keep in check those parties who were intent on stealing away. Another illustration of the same tendency is stated by Maine with reference to the joint families of the South Slavonians:
"The adventurous and energetic member of the brotherhood is always rebelling against its natural communism. He goes abroad and makes his fortune, and as strenuously resists the demands of his relatives to bring it into the common account. Or perhaps he thinks that his share of the common stock would be more profitably employed by him as capital in a mercantile venture. In either case he becomes a dissatisfied member or a declared enemy of the brotherhood."[31]
Or covetousness might lead to violation of the ban, as with Achan. Sex impulse may lead a man to seek for his wife a woman not in the lawful group. Or, as one of the most dangerous offenses possible, a member of the group may be supposed to practice witchcraft. This is to use invisible powers in a selfish manner, and has been feared and punished by almost all peoples.
In all these cases it is of course no abstract theory of crime which leads the community to react; it is self-preservation. The tribe must be kept together for protection against enemies. Achan's sin is felt to be the cause of defeat. The violation of sex taboos may ruin the clan. The sorcerer may cause disease, or inflict torture and death, or bring a pestilence or famine upon the whole group. None the less all such cases bring to consciousness one aspect of moral authority, the social control over the individual.
And it is a social control—not an exercise of brute force or a mere terrorizing by ghosts. For the chief or judge generally wins his authority by his powerful service to his tribesmen. A Gideon or Barak or Ehud or Jephthah judged Israel because he had delivered them. "Three things, if possessed by a man, make him fit to be a chief of kindred: That he should speak on behalf of his kin and be listened to, that he should fight on behalf of his kin and be feared, and that he should be security on behalf of his kin and be accepted."[32] If, as is often the case, the king or judge or chief regards himself as acting by divine right, the authority is still within the group. It is the group judging itself.
In its standards this primitive court is naturally on the level of customary morality, of which it is an agent. There is usually neither the conception of a general principle of justice (our Common Law), nor of a positive law enacted as the express will of the people. At first the judge or ruler may not act by any fixed law except that of upholding the customs. Each decision is then a special case. A step in advance is found when the heads or elders or priests of the tribe decide cases, not independently of all others, but in accordance with certain precedents or customs. A legal tradition is thus established, which, however imperfect, is likely to be more impartial than the arbitrary caprice of the moment, influenced as such special decisions are likely to be by the rank or power of the parties concerned.[33] A law of precedents or tradition is thus the normal method at this level. The progress toward a more rational standard belongs under the next chapter, but it is interesting to note that even at an early age the myths show a conception of a divine judge who is righteous, and a divine judgment which is ideal. Rhadamanthus is an embodiment of the demand for justice which human collisions and decisions awakened.
The conscious authority of the group is also evoked in the case of feuds or disputes between its members. The case of the blood feud, indeed, might well be treated as belonging under war and international law rather than as a case of private conflict. For so far as the members of the victim's clan are concerned, it is a case of war. It is a patriotic duty of every kinsman to avenge the shed blood. The groups concerned were smaller than modern nations which go to war for similar reasons, but the principle is the same. The chief difference in favor of modern international wars is that since the groups are larger they do not fight so often and require a more serious consideration of the possibility of peaceable adjustment. Orestes and Hamlet feel it a sacred duty to avenge their fathers' murders.
But the case is not simply that of clan against clan. For the smaller group of kin, who are bound to avenge, are nearly always part of a larger group. And the larger group may at once recognize the duty of vengeance and also the need of keeping it within bounds, or of substituting other practices. The larger group may see in the murder a pollution, dangerous to all;[34] the blood which "cries from the ground"[35] renders the ground "unclean" and the curse of gods or the spirits of the dead may work woe upon the whole region. But an unending blood feud is likewise an evil. And if the injured kin can be appeased by less than blood in return, so much the better. Hence the wergeld, or indemnity, a custom which persisted among the Irish until late, and seemed to the English judges a scandalous procedure.
For lesser offenses a sort of regulated duel is sometimes allowed. For example, among the Australians the incident is related of the treatment of a man who had eloped with his neighbor's wife. When the recreant parties returned the old men considered what should be done, and finally arranged the following penalty. The offender stood and called out to the injured husband, "I stole your woman; come and growl." The husband then proceeded to throw a spear at him from a distance,