rather of a penalty, inasmuch as such ignorance of divine things is a consequence of the sin of our first parent.”28 Dr. Wardlaw likewise observes:—“The Bible condemns no man for not knowing what he never heard of, or for not believing what he could not know. … Ignorance is criminal only when it arises from wilful inattention, or from aversion of heart to truth. Unbelief involves guilt, when it is the effect and manifestation of the same aversion—of a want of will to that which is right and good.”29 To shut one’s eyes to truth may be a heinous wrong, but nobody is blamable for seeing nothing with his eyes shut.
28 Thomas Aquinas, Summa Theologica, ii.-ii. 10. 1 sq.
29 Wardlaw, Sermons on Man’s Accountableness for his Belief, &c. p. 38.
After these preliminary remarks, which refer to the scrutinising and enlightened moral consciousness, we shall proceed to discuss in detail, and from an evolutionary point of view, the various elements of which the subjects of moral judgments consist.
CHAPTER IX
THE WILL AS THE SUBJECT OF MORAL JUDGMENT AND THE INFLUENCE OF EXTERNAL EVENTS
HOWEVER obvious it may be to the reflecting moral consciousness that the only proper object of moral blame and praise is the will, it would be a hasty conclusion to assume that moral judgments always and necessarily relate to the will. There are numerous facts which tend to show that such judgments are largely influenced by external events involved in, or resulting from, the conduct of men.
Some peoples are said to make no distinction between intentional and accidental injuries. Most statements to this effect refer to revenge or compensation.
Von Martius states that, among the Arawaks, “the blood-revenge is so blind and is practised so extensively, that many times an accidental death leads to the destruction of whole families, both the family of him who killed and of the family of the victim”;1 and, according to Sir E. F. Im Thurn, the smallest injury done by one Guiana Indian to another, even if unintentional, must be atoned by the suffering of a similar injury.2 Adair, in his work on the North American Indians, says that they pursued the law of retaliation with such a fixed eagerness, that formerly if a little boy shooting birds in the high and thick cornfields unfortunately chanced slightly to wound another with his childish arrow, “the young vindictive fox was excited by custom to watch his ways with the utmost earnestness, till the wound was returned in as equal a manner as could be expected.”3 Among the Ondonga in South Africa,4 the Nissan Islanders in the Bismarck Archipelago,5 and certain Marshall Islanders,6 the custom of blood-revenge makes no distinction between wilful and accidental homicide. Among the Kasias “destruction of human life, whether by accident or design, in open war or secret, is always the cause of feud among the relations of the parties.”7 It seems that the blood-revenge of the early Greeks was equally indiscriminate.8 As for the blood-feuds of the ancient Teutons, Wilda maintains that, even in prehistoric times, it was hardly conformable to good custom to kill the involuntary manslayer;9 but there is every reason to believe that custom made no protest against it. According to the myth of Balder, accident was no excuse for shedding blood. Loke gives to Hödur the mistletoe twig, and asks him to do like the rest of the gods, and show Balder honour, by shooting at him with the twig. Hödur throws the mistletoe at Balder, and kills him, not knowing its power. According to our notions, blind Hödur is perfectly innocent of his brother’s death; yet the avenger, Vali, by the usual Germanic vow, neither washes nor combs his hair till he has killed Hödur. It is also instructive to note that the narrator of this story finds himself called upon to explain, and, in a manner, to excuse the Asas for not punishing Hödur at once, the place where they were assembled being a sacred place.10 We find survivals of a similar view in laws of a comparatively recent date. The earliest of the Norman customals declares quite plainly that the man who kills his lord by misadventure must die.11 And, according to a passage in ‘Leges Henrici I.,’ in case A by mischance falls from a tree upon B and kills him, then, if B’s kinsman must needs have vengeance, he may climb a tree and fall upon A.12 This provision has been justly represented as a curious instance of a growing appreciation of moral differences, which has not dared to abolish, but has tried to circumvent the ancient rule.13
1 von Martius, Beiträge zür Ethnographie Amerika’s, i. 693 sq.
2 Im Thurn, Among the Indians of Guiana, p. 214.
3 Adair, History of the American Indians, p. 150.
4 Rautanen, in Steinmetz, Rechtsverhältnisse, p. 341.
5 Sorge, ibid. p. 418.
6 Kohler, in Zeitschr. f. vergl. Rechtswiss. xiv. 443. See also Idem, Shakespeare vor dem Forum der Jurisprudenz, p. 188.
7 Fisher, in Jour. Asiatic Soc. Bengal, ix. 835.
8 Rohde, Psyche, pp. 237, 238, 242.
9 Wilda, Strafrecht der Germanen, p. 174.
10 Snorri Sturluson, ‘Gylfaginning,’ 50, in Edda, p. 59. Cf. Brunner, Forschungen zur Geschichte des deutschen und französischen Rechtes, p. 489.
11 Pollock and Maitland, History of English Law before the Time of Edward I. ii. 482.
12 Leges Henrici I. xc. 7.