128 TRANSACTIONS OF THE 



craft, and this gradually disappears with the progress of culture. 

 It should be noticed that in early society there is a very large body 

 of artificial crimes — especially those relating to sorcery. Again, 

 there is a large body of artificial crimes relating to personal in- 

 juries, from the fact that willful injury is not differentiated from 

 accidental injury. In the course of evolution such artificial 

 crimes are eliminated from the law. On the other hand, by reason 

 of the ever increasing complexity of the relations of men, the 

 classes of real crimes are multiplied. 



There is yet another line of progress. In primitive society two 

 principles are found to exist side by side as fundamental theories in 

 the administration of the law. 



The first is that justice must be done — that justice which the 

 primitive law recognizes. 



The second, that there must be end to controversy so that peace 

 may prevail and society be not disorganized ; and this must be 

 accomplished though the former fail. 



To secure end to controversy there is resort to two methods : 



First, days or other periods of jubilee are appointed at which all 

 crimes, except murder and incest, are forgiven. In the lowest 

 societies it is a day of jubilee, coming once a year ; in higher 

 societies it is a year of jubilee, coming at longer periods. With 

 progressing society this method of ending controversy is adopted 

 in the case of crimes which are manifestly artificial in the state of 

 culture to which the people have arrived, and by this means willful 

 murder is at first differentiated from accidental killing. 



Second, controversy is terminated and the punishment of artificial 

 crime is avoided by the establishment of cities of refuge. 



Now, cities of refuge come to be such in a curious manner. In 

 the early history of mankind, cities are states and autonomous ; 

 one state does not punish the crimes committed in another ; and 

 men committing crimes flee from their own states to Others, be- 

 come incorporated therein by adoption, and thus secure immunity 

 from punishment. When on the first organization of nations, 



