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THE INTERNATIONAL SCIENTIFIC SERIES 
 
 THE 
 
 PRIMITIVE FAMILY 
 
 IN ITS ORIGIN AND DEVELOPMENT 
 
 C. N. STARCKE, Ph.D. 
 
 OF THb'uSITBBBITT of COPENHAGEN 
 
 — NEW YORK 
 D. APPLETON AND OOMPANT 
 
 1889 
 
CORNELL 
 
 university 
 Library 
 
PREFACE. 
 
 It has teen my aijn in this work to ascertain the nature 
 of the primitive family, and to point out the ideas on 
 which it is based, as well as the germ of moral growth 
 which it contains. The family, however, exists within 
 a larger community, by which it is influenced, so that 
 such a task impels us at every turn to exceed its narrow 
 limits. The difficulty of resisting this impulse is in- 
 creased by the fact that it has been necessary to give 
 a mainly critical character to this work. The theories 
 previously set forth, to which we are opposed, have, 
 generally speaking, neither admitted nor defined the 
 border-line between the clan and the family, so that we 
 were compelled to adapt our criticism to these theories. 
 Since, however, we had no desire to increase the size of 
 our work, and the number of the problems on which it 
 touches, beyond measure, we decided only to enter into 
 these questions so far as criticism demands, and to 
 restrict ourselves within narrower limits whenever it 
 was possible. Hence there may be a certain want of 
 proportion in the course taken in these inquiries, and we 
 ask our readers' forgiveness, wherever this is the case. 
 
 C. N. Starckb. 
 C0PENHA6EK, 
 
 January, 1888. 
 
CONTENTS. 
 
 INTEODUCTIOHr. 
 
 PAGK 
 
 The oomparatwe method — The materials for inquiry — The hypo- 
 theses of evolution and degradation — Question of uniformity of 
 C primitive state — Anthropology and philology — Plan of inquiry 
 — Border-line between institutions originally fluctuating — 
 Groups of kinship — The primitive tie of blood ... 
 
 SECTION I. 
 
 DEFINITION OF KINSHIP. 
 
 One-sided definition of kinship — A priori and empirical interpreta- 
 tion of the same ... ... ... ... ... 17 
 
 CHAPTER I. 
 
 AUSTBALIA. 
 
 Hordes and clans — Isolated and mixed groups — Kobong group — 
 Possession and inheritance of land — The groups seek to effect 
 local isolation — Small groups more permanent than large ones- 
 Australian prohibitions of marriage— One-sided definition of the 
 clan, which is concerned with the latter, not with the family — 
 The female line does not imply promiscuous intercourse — The 
 male line the more primitive — Origin of female line „, ... 20 
 
 CHAPTER n. 
 
 AMEBIOA. 
 
 Exogenous totem-groups — General diffusion of female line — As to 
 the primitive existence of the clan — The tamanuus of the 
 peoples of Golumbia^Tylor, Lubbock, and Spencer — Medicine 
 
viii CONTENTS. 
 
 PAOB 
 
 and totem— System of names in clan— The Columbians tlie 
 primitive tribes — Position of husband with respect to members 
 of wife's family — Effect of this position on line of kinship- 
 Influence of locality and household — Caribs — Non-existence of 
 clans among them, and vague definition of kinship — Labour 
 performed by son-in-law— Paternal authority and household 
 among Brazilians— Tattooing a bond of union — Likewise a dis- 
 tinctive mark— Obligation of blood-feud— Slaves and freemen 
 —Undeveloped clans— Forbidden marriages— Tribes of La 
 Plala— No patria po<e«fas— Hereditary dignity of chief— Arau- 
 canians— Coherence of the family— Female line not primitive- 
 Origin of duties and privileges — Germ of development of 
 groups— Nomenclature — Mexico— Paternal line and localized 
 clans— The same in Peru— The couvade— Lubbock's hypothesis 
 — Diffusion and meaning of the couvade ... <•• ..• 29 
 
 CHAPTEE IIL 
 
 The regulating forces universally simple — The female line a sign of 
 the formation of more permanent groups — Scattered groups : 
 slave-hunts — Conquest of Africa — Twofold line of descent — 
 Bechuana clans — Patriarchal life — The kotla — Bantu and 
 Negro villages — Their government — The village and the family 
 — ^Women's prominent position — Baehofen and Giraud-Teulou — 
 The wife and her family — Negroes — ^Female line — Description 
 of West African community — Grovemment of tribe and elan — 
 Bechuanaa the primitive type — Hottentots ... ... 53 
 
 CHAPTEE IV. 
 
 ASIA. 
 
 Malayan Gezin — Semando and Djndur — Indian aborigines — Service 
 and migration of bridegroom — Kasias — Process of development 
 — Promiscuous intercourse of Nairs — Nair development-— Lim- 
 boos and Lepohas— Western Asia ... ... „. ,.. 77 
 
 CHAPTEE V. 
 
 FOLYNESIA. 
 
 Polynesian classes — ^Marriage and rank — Fijian Vasu . ... gg 
 
 CHAPTEE VI. 
 
 ABTAN PEOPLES. 
 
 Maine and McLennan — ^Patriarchal family group — Joint family 
 group — Economic interests — ^Property in la,nd and cattle — Coin- 
 
CONTENTS. 
 
 parison between Hindus and Bechuanas — Primitive character 
 of agnation — Hindu female line — Sapinda and Samanodoka — 
 Agnates and cognates — Germanic female line — Marriage and 
 guardianship — Physical relation between mother and child — 
 Class inheritance — Inheritance of property — Arms and accou- 
 trements — Precedence taken by female heirs — Bejpus — Woman 
 hands down family tradition — Orestes ... ... .. 94 
 
 SECTION II. 
 THE PKIMITIVE FAMILY. 
 
 CHAPTEK I. 
 
 FATHEB AND CHILD. 
 
 Different position of father and mother — Fatherhood and procreation 
 
 — Licentious customs — Jug primae noetis — Juridical children... 121 
 
 CHAPTEK IL 
 
 POLTANDKT. 
 
 MoLennan's theory— Child murder and polyandry — Scarcity of 
 women and polyandry — Stages of polyandry — Transition to 
 male line — Child murder without significance — Promiscuous 
 intercourse and polyandry — Polyandry of Nairs — Polyandry 
 of Thibetans — Eldest brother — Limitations of marriage — 
 Causes of polyandry — Forms of polyandry — Family communism 128 
 
 CHAPTEK III. 
 
 THE LETIKATE AND KITOGA. 
 
 The Levirate — Jews and Hindus — Maiue'stheory — Mayne'stheory — 
 Son of appointed daugliter — Juridical character of fatherhood — 
 Niyoga — Marriage and jjainayotesfas — Levirate and polyandry 
 — Spencer's theory — Iranian Levirate and Niyoga — Ossetian 
 Levirate — Juridical motherhood ... ... ... ... \i\ 
 
 CHAPTEK IV. 
 
 INHEKITANCB BY BK0THEB8, AND OTHER SUPPOSED PBOOFS OP POLTANDBT. 
 
 Inheritance of rank and property — ^Personal and family property — 
 Partition and stewardship of property— Suitability of inheritance 
 by brothers — Kiglit of firstborn — Polyandry and female line — 
 Inheritance by widow — Marriage between widow and brother — 
 Aryan polyandry ... ... ... ... ... 159 
 
 2 
 
X CONTENTS. 
 
 CHAPTER V. 
 
 KOMENCLATUEES. 
 
 Modern and primitive ideaa — Descriptive and classifying nomencla- 
 tures — Their persistence — Descriptive nomenclature and mono- 
 gamy — Classifying nomenclature and clan organization — 
 Polygamy and polyandry — Malayan nomenclature — Punalua 
 family — Turanian nomenclature — Distinction between the 
 Turanian and the Ganowanian — Patriarchal family — Descriptive 
 nomenclature — Nomenclature and the clan — Importance of 
 ceremonial— Paternal and maternal kinship — Punalua kinsfolk 
 of Malayan nomenclature — Priority of kinship of cousins — Dis- 
 tinction between Turanian and Ganowanian nomenclatures — 
 Ganowanian mother's brother — Development of special names 
 — Son and nephew — Turanian marriage of cousins — Fijian no- 
 menclature — Simpler nomenclature of Ganowanian women — 
 Cayugan peculiarities — Tonganese nomenclature — Descriptive 
 nomenolnture— Karen and Eskimo nomenclature — Chinese 
 nomenclature — Their general meaning ,,. ,,, ,,, 171 
 
 CHAPTEE VI. 
 
 EXOGAMY AND ENDOGAMY. 
 
 Conception of exogamy and endogamy — Their relation to incest — 
 Modem ideas of incest — Immorality and incest — Various expla- 
 nations of exogamy — Symbol of rape — Its bearing — Causes of 
 rape of women — Symbol of rape and modesty — Criminal ties — 
 Desire of trophies — Clanless tribe endogamous — Exogamy and 
 incest — Australian legend — Crime and punishment — -Marriage 
 and sexual intercourse — Marriage of royal brother and sister — 
 Breach of privilege and marriage — King and his sister — Legal 
 character of marriage — Endogamy — Arabs — Castes and classes 
 —Karens — Kookas — Ceremonial intercourse of parents and 
 children-in-law — Ceremonial and marriage by violence — 
 Modesty of Bechuanas and Beni-Amirs^Eeverence of Oaribs 
 — Symbol of rape ... ... ,„ ,,, ,„ 209 
 
 CHAPTEE Vn. 
 
 MABRIAGE AND ITS DEVELOPMENT. 
 
 Sexual impulse— Civilizing power of religion — Stages of develop- 
 ment — Mother's rights — Fatlier's rights — Bellerophon myth — 
 Perpali myth — Pele and Tamapua myth — Interpretation of 
 myths — Tsuigoab myth — Allegories of theory and conception — 
 — Customs of civilization — Jealousy — Object of marriage — Use 
 of fire — I rimitive wooing — Duration of marriage — Birth of child 
 — Marriage — Polygamy — Wedding — Bride's family — Setting 
 
CONTENTS. XI 
 
 aside of polygamy — Tolerant and intolerant forms of marriage — 
 Chastity in marriage — Paternal love — Chastity of unmarried 
 girls — The man's obligation of chastity — Love and marriage — 
 Independence of married ■women — Emancipation of women — 
 Education of children — Unmarried women — Moral independence 
 of married women ... ... ... ... ... 241 
 
 OHAPTEE VIII. 
 
 THE FAMILY, THE OLAN, AND THE TRIBE — OONCLCSIOlf. 
 
 Social and political meaning of the institution of the family — Patri- 
 archal theory — Distinction between the family and the clan — 
 The family dissolved into the clan — Conclusion ... ... 274 
 
 Appendix and Eefekenoes ... ... ... ... ... 279 
 
 Tables or Nomenolatckes ... ... ... ... ... 289 
 
 List op Books keeerred to „. ... ... ... 301 
 
 Index ... ... ... ..• •.* ... ... 311 
 
TPIE PRIMITIVE FAMILY. 
 
 INTRODUCTION. 
 
 The comparative method — The materials for inc[uiry — The hypotheses of 
 evolution and degradation— Question of uuifoimity of primitive state 
 — Anthropology and philology — Plan of inquiry — Border-lino between 
 institutions originally fluctuating— Groups of kinship— The primi- 
 tive tie of blood. 
 
 The researches which we propose to make in the present 
 work lead us into paths which have of late years been 
 trodden by many men of more or less importance. In 
 earlier times an attempt was often made to construct the 
 process of man's physical development in accordance 
 with the conceptions of abstract speculation. The worth- 
 lessness of this -process is now established, and it is only 
 through the analytical method of comparative history 
 that we can hope to understand the historical facts of ' 
 this development. The importance of the comparative 
 method is well known to philologists. In his valuable 
 work on Comparative Politics, Freeman asserts that the 
 discovery of this method is an event of suflScient im- 
 portance to distinguish our century as one of the great 
 eras in the history of mankind. Even if this estimate 
 is exaggerajted, it must be admitted that the comparative 
 method has diffused light over many things which 
 previously lay in the deepest darkness. The relationship 
 between different races has been ascertained by the 
 
THE PEIMITIYE FAMILY. 
 
 INTRODUCTION. 
 
 The comparative method — The materials for inquiry — The hypotheses of 
 evolution and degradation — Question of uniformity of primitive state 
 — Anthropology and philology — Plan of inquiry — Bordei-lino between 
 institutions originally fluctuating— Groups of kinship — The primi- 
 tive tie of blood. 
 
 The researches -which we propose to make in the present 
 work lead us into paths which have of late years been 
 trodden by many men of more or less importance. In 
 earlier times an attempt was often made to construct the 
 process of man's physical development in accordance 
 with the conceptions of abstract speculation. The worth- 
 lessness of this "process is now established, and it is only 
 through the analytical method of comparative history 
 that we can hope to understand the historical facts of " 
 this development. The importance of the comparative 
 method is well laiown to philologists. In his valuable 
 work on Comparative Politics, Freeman asserts that the 
 discovery of this method is an event of sufficient im- 
 portance to distinguish our century as one of the great 
 eras in the history of mankind. Even if this estimate 
 is exaggerBjted, it must be admitted that the comparative 
 method has diffused light over many things which 
 previously lay in the deepest darkness. The relationship 
 between different races has been ascertained by the 
 
2 THE PEIMITIVE FAMILY. 
 
 method in question, and it has taught us how to form a 
 conception of the stage of culture attained by the primi- 
 tive race. 
 
 The fitness of this method is explained by the 
 special character of the subject. The sound-symbols 
 which designate given objects were for the most part 
 quite arbitrarily chosen, and it is therefore improbable 
 that two distinct peoples should ever have chosen the 
 same symbol for the same object. Whenever, therefore, 
 we find such agreement, we may almost certainly infer, 
 either that one people has borrowed the word from the 
 other, or that both peoples are derived from one and 
 the same primitive stock. A careful analysis will 
 establish the store of words which were used by this 
 primitive stock. By means of these words we learn 
 what ideas were common to the race, or, in other words, 
 what was their state of civilization. 
 
 When we have to do with matters which do not 
 involve such an arbitrary choice, the use of this method 
 cannot afford equally good results. Similar legends and 
 myths, similar social institutions, usages, and customs 
 cannot be taken as a proof of common origin, since these 
 resemblances may result from causes which occur quite 
 independently in different places and at different periods* 
 The comparative method here serves stnother purpose^ 
 by making it possible to discover the definite causes 
 from which given myths and institutions necessarily 
 result. In this case the comparative method only serves' 
 for the application of the ordinary methods of experi-* 
 mental inquiry to a field which is withdrawn from 
 direct experimental control. When, for example, races 
 which we have reason to believe are uninfluenced by 
 each other, possess any institution in common, it may 
 be surmised that the cause must be sought in the rela- 
 tive conditions which are common to aU races. As soon 
 as this preliminary assumption has been made, we'must 
 inquire whether there is any race in which the institu- 
 
INTEODUOTION. 3 
 
 tion is found without these relative conditions, or if the 
 conditions occur without the institution. And, finally, 
 we must inquire whether, during the development of a 
 race, the institution and the relative conditions can vary, 
 independently of each other. The results which may be 
 obtained in this way will be almost of equal value with 
 those of the exact sciences. The conditions of social 
 development are generally so complex that the possi- 
 bility of error must be admitted, and it is well to re- 
 member this. Yet I believe that too great allowance 
 has been made for such error, since, although we have to 
 do with forces which cannot be included within the 
 range of experience already mentioned, yet it is most 
 probable that these forces are so insignificant that they 
 need not be taken into account. 
 
 We have already said that many scientific men have 
 made use of the comparative method in the study of the 
 primitive forms of the social life of man, and of its 
 modes of development, as well as of its limits and stages. 
 Yet we find a wide difference of opinion among them, 
 both with respect to the more important points of view, 
 and to smaller questions of detail. In such cases it may 
 be supposed that facts which are interpreted by compe- 
 tent inquirers in quite opposite ways are absolutely use- 
 less for the purposes of science. This would, however, 
 be an error, since it is the common fate of every dawning 
 science to advance gradually from daring hypothesis to 
 truth. I propose in this work to attempt to make a 
 slight step in advance, and if errors should occur, the 
 fault is not to be found in the material, but in the use I 
 make of it. 
 
 The material may be divided into several sections: 
 (1) We have direct historical accounts of the develop- 
 ment of a single community during a long period ; (2) 
 the narratives of travellers, who have described an 
 isolated phase of the life, as it existed at the time, of a 
 race either now extinct or still living ; (3) ancient laws 
 
4 THE PEIMITIVE FAMILY. 
 
 and customs, recorded in writing; (4) ancient myths 
 and legends, and archseological remains, by means of 
 which we may reconstruct periods of which we have no 
 direct observation. It is also absolutely necessary to be 
 acquainted with psychology, in order not to be misled 
 by deceptive appearance. It must be taken for granted 
 that we are not, in this case, bound to prove the trust- 
 worthiness of our material. Such proof, which is very 
 difficult, must be assumed to have been given elsewhere. 
 We must now subjoin the following fundamental con- 
 siderations. 
 
 In order to become acquainted with the development 
 of a given community, we can desire no better material 
 than the reports of its condition at different times, as 
 they have come down to us. In fact, however, this 
 mode of establishing laws, or general rules of develop^ 
 ment, is only possible to a limited extent. For the most 
 part we are without the means of constructing such 
 abstractions as are necessary to establish laws, since the 
 material is far from being sufficient to entitle us to draw* 
 conclusions with respect to the non-existence of negative 
 instances. There are comparatively few communities of 
 which we possess sufficient records, and these moreover 
 only include a limited portion of the life of the com- 
 munity in question ; we must remain absolutely ignorant 
 of the long pre-historic period. We may indeed admit 
 the possibility of discovering an apparent solidarity in 
 the social development. For we may become acquainted 
 with the primitive condition and earliest development of 
 a community by means of the report of another com- 
 munity of higher civilization, which goes back to the 
 period in which the former had its origin. Yet this 
 solidarity is only apparent. No primitive community 
 can be carefully observed for any length of time by a 
 civilized community without being placed in such re- ' 
 lations to the latter as to modify it in many ways, so as 
 to affect its actual development in a way which wiU not 
 
INTEODUOTION. 6 
 
 permit us to draw general conclusions with respect to 
 the spontaneous development of any given community. 
 Hence it becomes necessary to form our ideas of the 
 primitive conditions of given historical peoples in ac- 
 cordance with the conditions of primitive races still in 
 existence. 
 
 But in order to adopt this course, two conditions are 
 necessary, neither of whicli wiU stand alone. We have 
 first to assume the rude primitive origin of such a com- 
 munity; and secondly, that the original conditions of 
 races have so much in common, that their development 
 usually passes through the same general phases. I take 
 the first of these assumptions to be now indisputable, 
 and indeed it is generally accepted. But I only con- 
 ditionally admit the second assumption to be correct in 
 a very general sense. 
 
 It is an admitted fact, that when men first became 
 aware that the earth is not the centre of the universe, 
 and that the sun does not really move above our heads, 
 they for a long while found it impossible to reconcile 
 this new view with the Bible history of creation. Sub- 
 sequently they became resigned to the inevitable, and 
 found it possible to bring the Bible and natural science 
 into agreement by defining their conception of the 
 biblical narrative in accordance with the results of 
 science. Whenever one of these old narratives is 
 corrected by a scientific man, the same conflict arises, 
 and it is always decided in the same way. That the 
 Darwinian theory should have effected a metamorphosis 
 of the old conception of the biblical story,^ affords the 
 strongest proof of the deep roots which this theory has 
 taken in common opinion. And the difiBculty of re- 
 conciling such theories with biblical history is shown by 
 the tardy manner in which concessions are made. While 
 the theory of the origin of the arts is for the most part 
 accepted, the first consequence of this theory is obsti- 
 ' Fabre d'Envieu, Les Originea de la Terre et de VSomme. 
 
6 THE PRIMITIVE FAMILY. 
 
 nately opposed : namely, the progressive development of 
 civilization. It is, even now, affirmed that our forefather 
 Adam was very superior to the rude men whom we still 
 find in various parts of the world. From Adam's rela- 
 tively high position, men are supposed to have developed 
 on the one hand, under the Divine guidance, into even 
 higher civilization, and on the other, their sins have 
 subjected them to the wrath of God, and have degraded 
 them into the hopelessly backward races which we call 
 Bushmans or Negritos. It appears to me unnecessary 
 to show how far this theory is from agreeing with the 
 facts of archaeology, and I am content to show that the 
 degradation theory is now beginning to appear unsatis- 
 factory under the pressure of the time. Mr. Fison, an 
 Australian missionary, frankly declares that he does not 
 see why the degradation theory should be regarded as 
 an orthodox necessitj'.^ Adam appears to him to have 
 resembled the Australians. I need therefore only offer 
 a few objections to the theory in question. 
 
 The degradation theory is worthless, unless it can be 
 founded on certain knowledge ; this is so far from being 
 the case that it implies an absolute breach with all that 
 we know of the development of mankind. All scientific 
 knowledge is founded on the connection of phenomena 
 in that series of natural causes and effects which is ac- 
 counted to be possible. If we are compelled to leave tfie 
 problem of the first cause unsolved, the breach which 
 occurs in our knowledge must be assigned to the sphere 
 of metaphysics, by which men are not directly affected. 
 But we can only admit a similar breach in our know- 
 ledge of concrete empirical phenomena, when the reasons 
 for doing so are irresistible. We admit that psychical 
 forces cannot be referred to physical causes, so that their 
 occurrence in the empirical world is still an unexplained 
 phenomenon; but it is quite another matter to admit 
 that a psychical being can come into the world in posses- 
 ' Fison and Howitt, p. 161. 
 
INTRODUCTION. 7 
 
 sion of such a perfect psychical organization that it can- 
 not be explained by a prior existence of other psychical 
 beings. The degradation theory can therefore only be 
 accepted if it is possible to adduce undoubted and direct 
 proofs of its truth ; it is by no means to be accepted until 
 another -which is completely satisfactory can be substi- 
 tuted for it. The theory of progression is in agreement 
 ■with the organization of our thinking faculty, while the 
 theory of degradation imposes upon us a complete 
 abnegation of knowledge. 
 
 The second assumption which must be established, if 
 we are with undoubting confidence to make use of the 
 material afforded by the descriptions of primitive com- 
 munities, is that the primitive condition of all human 
 communities is virtually the same. We find distinct 
 varieties of a given animal species, living under very dis- 
 tinct social forms, and we have no reason to suppose that 
 these forms have not been distinct, as long as the 
 varieties themselves have been distinct. So likewise we 
 may perhaps assume that distinct social forms date from 
 the time when men were scattered into several commu- 
 nities. The question as to a uniform primitive state in- 
 volves the question : What is meant by a primitive state ? 
 
 If it is assumed that mankind spi-ang from a single 
 ancestral pair, it follows as a matter of course that all 
 
 ? copies have passed through the same primitive state, 
 doubt, however, whether such a statement will satisfy 
 those who maintain that mankind had a uniform origin : 
 such an assumption would have no weight with them. 
 That the primitive community with which we are now 
 concerned should have been of such a nature as to affect 
 its subsequent modifications, can neither be affirmed nor 
 denied : tiie primitive community must ever be an hypo- 
 thetical construction, designed to explain the existent 
 forms, and it cannot become the subject of practical 
 experience. So long as we are within the sphei'e of 
 experience, we cannot begin by assuming that there was 
 
8 THE PEIMITIVB FAMILY. 
 
 at any time only a single human community. Experi- 
 ence begins with a plurality of communities, and the 
 single community of which we are in search must be 
 found on the indeterminate boundary between man and 
 animals. If this boundary were sharply defined, it would 
 be comparatively easy to show what is meant by primi- 
 tive man; but the sharp line which now divides the 
 highest type of animal from the lowest type of man can 
 only be explained by the fact that the intermediate 
 / forms have become extinct. The assumption of an in- 
 determinate boundary between man and animals only 
 means that it is impossible, throughout the long series of 
 intermediate forms, to point to two in succession, of 
 which the one is . undoubtedly a lower animal, and the 
 other undoubtedly a man. We can no more discover the 
 first primitive community than we can discover the first 
 man ; the history of mankind begins with a plurality of 
 distinct groups, and hence the fact of a uniform begin- 
 ning is at any rate doubtful. 
 
 Another consequence of the assumption of an inde- 
 terminate line between man and animals may here be 
 adduced. We have no reason to regard the social life of 
 man as a recent form. Not only do the same psychical 
 forces which influence gregarious man also influence the 
 gregarious animal ; probability also leads us to infer that 
 the primitive communities of mankind are derived from 
 those of animals. Since man in so many respects only 
 goes on to develop the previous achievements of animal 
 experience, it may be supposed that he made use of the 
 social experience of animals as the firm foundation of 
 his higher advancement. An inquiry into the primitive 
 human community merely implies a research into the soli- 
 darity between man and animals in their social relations ■ 
 the inquiry is not concerned with a rude state which 
 possesses none of the social faculties, since these faculties 
 are exercised by the lowest human communities with 
 which we are acquainted. 
 
INTEODUOTION. 9 
 
 The distinction between the animal and the human 
 community does not appear to me to depend on the 
 larger or smaller number of useful acts performed by the 
 individuals comprised in the community, since there are 
 human communities which are far less firmly established 
 than those of animals. It may even be asserted that the 
 social faculty is positive in animals and negative in man. 
 The social instinct of animals attaches them to their 
 community, while man is generally restrained from 
 breaking social bonds by fear of the dangers which 
 threaten the race from without. Man is less subservient 
 to his instincts than animals are, and although he is also 
 influenced by inclination and inherited impulses, at any 
 rate the underlying motive assumes the form of reason. 
 The reasons which aflect him may be insufficient, yet 
 he finds them convincing, and they show that he is im- 
 pelled to assign an explanation for his impulse. The 
 different forms which the explanation may take depends 
 on all sorts of accidental circumstances. We cannot 
 refrain from ascribing to this explanation an influence 
 on the development of given instincts, but it is a more 
 probable assumption that it is due to a certain unUke- 
 ness in the earliest human communities. Yet when we 
 estimate the importance of this possible unlikeness, we 
 have no reason to regard it as considerable. We may 
 lay down this principle to guide our judgment : that in 
 the same proportion in which a given way of life can be 
 explained by the natural conditions of primitive life, it 
 must be held to be common to alL Nothing but the 
 apparent influence of special ideas will compel us to 
 decide on the distinction between several races. We 
 shall presently show that the most important features of 
 the life of a community are due to forces at once simple 
 and universal ; we do not hesitate to renounce the pos- 
 sible reconstruction of special characteiistics, since we 
 are only concerned with general causes. 
 
 We may now consider both the distinction and the 
 
10' THE PRIMITIVE FAMILY. 
 
 connection which exist between our present undertaking 
 and that of the philologist. 
 
 The philologist is concerned with the relationship 
 between peoples which are historically distinct, and to 
 this we are indifferent. We are, however, agreed in 
 taking an interest in the state of civilization of the 
 ancestral race ; yet here also there is an essential differ- 
 ence between us. The philologist wishes to introduce as 
 many details as possible into his description of the primi- 
 tive state, while we desire to define its general character. 
 It is not always possible to infer the general character of 
 the whole from these details, and the philologist often 
 finds that the use of definite words proves nothing, since 
 several ideas and conceptions may be comprised in one 
 and the same word. Hehn has pointed out that the 
 existence of the word "horse," for example, does not 
 entitle us to infer that the horse was used as a domestic 
 animal. The difficulty is still greater when we come to 
 the organization of family life and of the race. It is 
 wholly impossible to infer from words alone what were 
 the opinions held by communities, and, as we shall 
 presently show, they do not even reveal to us the ex- 
 ternal organization. The nomenclature of the degrees of 
 kinship presents many difficulties, and the functions 
 imposed upon a " king " may differ widely. In order to 
 form a picture of the primitive life of our forefathers, we 
 must have learned how to estimate the general effect of 
 social forces by means of our observation of the primi- 
 tive peoples still in existence. 
 
 As far as the scheme of the following inquiries is 
 concerned, it seems to present no difficulty. "We propose 
 to study the origin and primitive development of the 
 family ; and nothing can be more simple than the de- 
 scription of family life in different communities. It is, 
 however, impossible to keep the different institutions 
 distinct, since the differentiation which occurred was 
 gradual, and the characteristic features by which we 
 
a 
 
 INTKODTJCriON. • 11 
 
 now distinguish the family and the state are valueless from 
 the primitive standpoint. We have therefore no choice, 
 but must decide to give a general description of the 
 typical character of the primitive^ community, and to 
 go on from this to discover the way in which differen- 
 tiation took place. Some remarks which may serve as 
 a cursory definition of our point of view will not be out 
 of place. 
 
 It is not necessary to observe the primitive commu- 
 nities very closely in order to become aware that each 
 human community consists of smaller groups, which are 
 held together by ideas of kinship. This would imply 
 that the family was a primitive institution ; yet it does 
 not mean that the original organization of the family 
 was the same as that of later times, or that our ideas 
 and conceptions prevailed in the family in its beginning. 
 The word " family " may be used in different senses. It 
 is sometimes applied only to parents and to the un- 
 married children who remain at home ; the family 
 sometimes includes all the descendants of a living pair, 
 including sons' wives and daughters' husbands ; some- 
 times again we mean by a family all the blood relations, 
 both by direct and collateral descent, exclusive of cases 
 in which the relationship is so remote that it cannot be 
 taken into account. None of these meanings can be dis- 
 regarded, since under certain conditions each may come 
 into play. The feature common to whatever is now 
 termed a family is, that the kinship becomes more remote 
 in proportion to its distance from the connection between 
 parent and child : brothers and sisters are not so closely 
 related to each other as «ach of them is to the parents. 
 
 In the primitive races this is by no means the case. 
 Some of their ideas of kinship appear to us to be quite 
 unintelligible. The primitive man often makes no dis- 
 tinction between degrees of kinship which are carefully 
 distinguished by us, and which imply very different 
 degrees of kinship in blood. Each of these groups is a 
 
12 THE PKIMITIVE FAMILY. 
 
 family, because it is believed to spring from a common 
 ancestor, either male or female ; but the degrees in col- 
 lateral lines, which play such an important part with us, 
 find no place with them. Where the " family group " 
 predominates, the family, in its narrower sense of parents 
 and children, may stiU be found ; but it is by no means 
 of the same strength and importance as it is with us ; 
 indeed, it is so little apparent that it has sometimes been 
 supposed that the family in this sense had originally no 
 existence. 
 
 In order to avoid confusion in what follows, we will 
 distinctly state the terms by which we propose to repre- 
 sent the different forms of the family. The word family 
 will only be used for the small group of parents and 
 children. We shall designate by the name oifamUy group 
 the group which includes different generations, taking 
 into account their more or less remote kinship. The 
 group in which the different degrees of kinship are not 
 taken into account belongs to the category of a clan. 
 We shall only use the word race for a collection of indi- 
 viduals who live together and possess the bond of a 
 common habitation, language, etc. A race may include 
 a number of clans, of family groups, and of families, and 
 the same clan may be dispersed among several races. It 
 will be asked whether there was any original distinction 
 between the race and the clan. The race must be taken 
 as the primitive form of development into a state, but 
 the clan must be classified under those forms which are 
 founded on the idea of kinship. Yet I have reason to 
 think that the modem state was developed out of the 
 clan, and that the organization of our families is only to 
 a limited extent derived from the organization of the 
 clan. The following remark must, however, be made. 
 
 A family is founded by marriage, and in this respect 
 our circumstances do not differ from those of primitive 
 times. It is evident that we cannot suppose marriage 
 to have been in all times such a sacred institution as it 
 
INTRODUCTION. 13 
 
 has now become. In its widest sense, marriage is only 
 a connection between man and woman which is of more 
 than momentary duration, and as long as it endures they 
 seek for subsistence in common. A family group, and 
 still more a clan, is compacted by blood kinship, that is, 
 each individual is born a member of the group. Thus 
 we have two distinct and apparently incompatible foun- 
 dations for the associated family. The family becomes 
 more closely compacted in proportion to the sacred 
 character of the marriage tie between the parents ; on 
 the other hand, there is a character of stability in the 
 family group and clan, which is neither founded nor dis- 
 solved, but merely present and living. These gi'oups 
 resemble glaciers ; they appear to be always the same, 
 always stationary, yet in reality they are always in 
 motion, and ever renewing their youth. Generation after 
 generation is born, lives, and dies ; families are founded 
 and again dissolved, while the clan persists unchanged. 
 
 The family is therefore distinguished from the family 
 group and the clan as a group of kinsfolk established by 
 contract, and only in a subsidiary sense by the tie of 
 blood between parents and children; and yet it is pre- 
 cisely to this tie of blood that special weight is attached 
 in the family. The family group has its origin in the 
 family, starting from a married pair and their children. 
 The part which contract plays in the organization of 
 the family cannot be kept out of sight in considering 
 the family group. This appears from the fact .that such 
 a group cannot in theory be restricted to its series of 
 descendants. The blood of the family issues from two 
 sources, both from the father and mother, and it would 
 be absurd to look for only one source, one beginning of 
 the family and the family group. There is, as we have 
 already said, this distinction between the clan and the 
 family group, that it is only the latter which considers 
 the degree of kinship. Individuals are born into the 
 family group on a definite condition which cannot be set 
 
14 THE PEIMITIVE FAMILY. 
 
 aside ; the homogeneous mass of the clan does not admit 
 of any such definite distinction. While the family group 
 extends in all directions and becomes connected with 
 other groups, it is the tendency of the clan to shrink into 
 its shell, and in proportion as it becomes allied with 
 others, it is transformed into a family group. It is in 
 this particular that the clan fundamentally differs from 
 other communities allied by blood, and we shall attempt 
 in the following pages to prove the extent of this 
 difference. 
 
 The individual who is bom a member of a clan, pos- 
 sesses given rights and duties. The clan consists of a 
 group allied by blood, endowed with important juridical 
 rights, and we find that when ifc is in its most flourishing 
 state, the rights which are founded upon contract are 
 extremely weak. The legal position of the family ap- 
 pears to be in proportion to the sacredness of the mar- 
 riage tie, and when hereditary rights are mentioned in 
 the regulation of the conflicting claims of parents and 
 children, closer observation shows that a conception of 
 the sacred claims of blood is less powerful than the con- 
 sideration of the engagements which preceded the volun- 
 tary act of marriage. This contrast between the clan 
 and the family seems to me to be of great importance. 
 In the family the power of the ties of blood is of quite 
 indefinite extent, and depends in each case on mutual 
 sympathy; in the clan the rights are clearly defined, 
 even though the tie of blood may eventually be regarded 
 as doubtful. ° 
 
 For this reason we shall be justified in regarding 
 with some scepticism the efforts which have been made 
 to place the family on the same plane as the clan, as a 
 community connected by ties of blood. I do not think 
 it advisable, in the absence of irrefragable proof, to com- 
 pare groups, in one of which the actual tie of blood is 
 of comparatively slight legal importance, while in the other 
 a tie of blood which is often imaginary has an important 
 
INTEODUCTION. 15 
 
 effect on the legal position. If the tie of blood were 
 decisive, there would be an d, priori reason for regarding 
 the family as the foundation of the whole, and it is there- 
 fore remarkable that the importance of the family in- 
 creases after it has ceased to insist on the tie of blood. 
 The clan, however, loses its legal importance in the same 
 proportion. The characteristic features which are here 
 adduced wUl perhaps prove to be not unimportant. 
 Enough has been said in this cursory estimate of our 
 proposed inquiry into the way in which the clan became 
 a group allied by blood, and the family became a privi- 
 leged institution. 
 
 It has always been assumed as an undoubted fact 
 that the tie of blood which keeps the clan together is 
 founded on the same ideas as those which unite the 
 family. The clan represents a group actually allied in 
 blood, and it has been supposed to be a matter of indif- 
 ference whether the common descent which is ascribed 
 to the members of a clan is founded on reality or on 
 fiction ; it is enough that the life of the clan should be 
 dominated by the idea of their common descent. Start- 
 ing from this assumption, the attempt has been made to 
 ascertain whether the family is a new formation in the 
 clan, or if, on the contrary, the clan is an enlargement 
 of the family. The rights of a clan and of a famUy must 
 correspond, whether the clan be nominally or in reality 
 a group allied by blood. In the former case, the fiction 
 shows that it is only the tie of blood which supports the 
 theory of rights, and thus enables the clan to act as a 
 great family, and in the latter case the same remark 
 holds good. In either case it would be possible to infer 
 the organization of the clan from that which the famUy 
 is, or was. Such an inference would be correct if the 
 clan and the family were organizations of the same 
 nature, but, as we have already said, we cannot begin 
 by admitting this as an a priori assumption. We find 
 groups of kinsfolk in the first beginnings of our com- 
 
16 THE PRIMITIVE FAMILY. 
 
 munities, and this fact may be easily ascertained, but 
 it is uncertain what is to be understood by the word 
 "kinship." An inquiry into the original meaning and 
 gradual development of the conception of kinship wiU 
 constitute our first task, and only after this question has 
 been decided can we apply ourselves to the special study 
 of the family. 
 
SECTION I. 
 
 THE DEFINITION OF KINSHIP. 
 
 One-sided definition of kinsliip — A priori and empirical 
 interpretation of the same. 
 
 It has been already observed that, strictly speaking, a 
 family group can never be completely detached, since 
 the blood of the family flows from two sources. The 
 life of the child is given both by father and mother, and 
 if kinship is to be defined by descent, both parents must 
 be taken into account; the blood of both flows in the 
 child's veins. Yet it seems that this view, which ap- 
 pears to us to be in accordance both with nature and 
 with reason, is not accepted by many primitive peoples. 
 Wherever the clan is concerned, the child is either ex- 
 clusively, or at any rate by preference assigned to one 
 or other of the parents. This fact has, especially of late, 
 been noticed by several learned men, who draw from 
 it conclusions with respect to the primitive form of the 
 family and of marriage. If the application is founded on 
 ideas of descent, it is easy to infer the nature of the 
 marriage bond from the general character of the mode 
 in which kinship is reckoned. If the child is referred 
 to both parents, or to the father alone, it has been assumed 
 that we may regard the connection between the sexes 
 as being so permanent that there can as a rule be no 
 doubt with respect to the fatherhood. On the other 
 hand, the fatherhood is not taken into account when the 
 sexual bond is a loose one, and under such circumstances 
 the descent can only be reckoned on the mother's side. 
 
18 THE PEIMITIVB FAMILY. 
 
 We find, indeed, a number of peoples in which this so- 
 called female line prevails, and it has been inferred from 
 this fact that the sexual relations of such races either 
 still are, or were in not very remote times so unrestricted 
 that there was no means of ascertaining the fatherhood ; 
 that is, that the primitive state was that of promiscuous 
 intercourse.^ This conclusion does not appear to me to 
 be perfectly just. Although it must be admitted that 
 a child whose father is unknown can only be assigned to 
 the mother, as is still the case with illegitimate children, 
 yet the converse does not necessarily hold good, namely, 
 that the only reason for admitting female descent is that 
 the father is unknown. 
 
 Agnation, or the reckoning of kinship through the 
 father only, and not through the mother, is a fact 
 parallel with that of female descent, yet no one has ever 
 asserted that this is due to uncertainty with respect to 
 the mother. The reckoning of kinship on one side only 
 shows that, for some reason or other, no account is taken 
 of one parent, but it in no way explains what that reason 
 was. Here, if anywhere, an d jpriori interpretation is 
 misleading, and no surmise is of any value except that 
 which is supported by facts. 
 
 We meet with one obstacle in the investigation of 
 questions with respect to the meaning of one-sided lines 
 of descent. Many learned men are too much disposed 
 to seek for the explanation of a given custom in con- 
 ditions of former times which have now perhaps dis- 
 appeared. It is certain that customs persist by the force 
 of habit, even when the conditions which first gave birth 
 to them have long ceased to exi^^j yet it is scarcely 
 
 • "It is Inconceivable that anything but the want of certainty on that 
 point (fatherhood) could have long prevented the acknowledgment of 
 kinship through males" (McLennan, Studies, p. 129). Reference may 
 also be made to other learned men — Spencer, Bachofen, some of Lubbock's 
 writings, and, in a lower category, Engels, Lippert, Post, Wilken, 
 Dargun, Giraud-Teulon, Kuliacher, etc. Morgan lakes up a position of 
 his own. 
 
THE DEFINITION OF KINSHIP. 19 
 
 necessary to remark that this appeal to early times can 
 only be effective when it has been shown to be impossible 
 to discover the cause of such customs in the conditions 
 under which they still continue. If this main principle 
 is not accepted, we shall be led astray by every idle 
 delusion. If we are able to trace the cause of a custom 
 in existing circumstances, we must abide by that cause, 
 and nothing but a definite historical account of the prior 
 existence of the custom can induce us to seek for another 
 explanation. When we take the instance before us, we find 
 that descent through the female line still occurs in cases 
 in which the fatherhood may be ascertained, and if there 
 are other circumstances which may explain the mainte- 
 nance of the female line, we must for the present accept 
 these as the cause. Definite historical accounts have in 
 some instances pointed to promiscuous intercourse as 
 the cause for tracing descent through the female line, 
 yet this does not imply that it was the universal cause ; ' 
 for it is not an axiom, but an hypothesis which requires 
 proof, that the primitive form of human communities 
 was in all cases the same. Since the female line of 
 descent has hitherto been explained by the d priori 
 method, and this explanation has served as a basis for 
 far-reaching theories, we must, in the first instance, 
 carefully consider its historical forms. This study, how- 
 ever, requires such ample material, and it involves so 
 many other questions that it may interfere with the pro- 
 portions of this work. We propose to inquire what is 
 implied by the female line of descent; what causes it 
 involves ; whether it is in every community the original 
 line of kinship ; and wkether it does or does not essen- 
 tially differ from agnation. As, however, we shall meet 
 with many erroneous opinions, nothing but the most 
 patient methods of induction can lead to certain conclu- 
 sions. We must go step by step, from one land, from 
 one race to another, and we must request our readers 
 not to shrink from the trouble of following us. 
 
20 • THE PRIMITIVE FAMILY. 
 
 CHAPTER I. 
 
 AUSTRALIA. 
 
 Hordes and clans — Isolated and mixed groups — Kobong group — Possession 
 and inheritance of land — The groups seek to effect local Isolation — 
 Small groups more permanent than large ones — Australian prohibi- 
 tions of marriage — One-sided definition of the clan, which is con- 
 cerned with the latter, not with the family — The female line does not 
 imply promiscuous intercourse — The male line the more primitive — 
 Origin of female line. 
 
 It may appear to be arbitrary that I should choose to 
 begin -with this quarter of the world, since we have no 
 accurate acquaintance with its primitive inhabitants. I 
 must admit that the choice is arbitrary, but this would 
 equally be the case with any other starting-point. 
 
 It is my object to inquire how far descent through 
 the female line prevails in Australia, and to which line 
 the child is assigned by its birth. 
 
 Many distinct tribes are scattered over the Australian 
 continent ; each tribe inhabits a district of which the 
 limits are exactly defined, and no tribe ventures to exceed 
 those limits by violence, nor permits a stranger to invade 
 its own. They wander about within this territory, in 
 order to hunt game or collect roots, sometimes in detached 
 families, sometimes in large hordes. Such a horde is not, 
 however, a homogeneous mass, but consists of numerous 
 smaller divisions, the character of which is not fully 
 understood. The missionary Howitt states that the 
 Kumai tribe in Gippsland^ is divided into clans, each 
 ' Fison and Howitt, p. 224. See Appendix I. 
 
AUSTRALIA. "21 
 
 of which possesses its own portion of common land. ' 
 Howitt adds that the names of these clans express the 
 local position of each clan in the district. Thus one 
 clan is called Brabrolung, or " the men ; " another Tatungo- 
 lung, or " South men," and these inhabit the southern part 
 of the district ; the-third are men of the east ; the fourth, 
 men of the west ; the meaning of the fifth name, Bratauo- 
 lung, is not given. The inhabitants of each territory ' 
 believe in their descent from a common ancestor. Even 
 these groups are not homogeneous, but fall into minor 
 divisions, which are also called after the most important 
 localities in the district; only in one clan these sub- 
 divisions do not derive their names from the locality, but 
 from some man of note. It appears that a similar distri- 
 bution occurs in other parts of the continent, but that 
 one of another kind, founded on quite different principles, 
 has interfered with it, so that it cannot now be clearly 
 traced.^ 
 
 Nind states, speaking of the tribes in King George's 
 Sound, that they are divided into two classes, Erniung 
 and Tem, which do not, however, appear to be distinct 
 tribes. He mentions another distribution, into Mon- 
 calon and Torndirrup, and although one of these pre- 
 dominated in the east and the other in the west, yet it 
 could not be regarded as a tribal distribution. On the 
 other hand, the general mass seems to be divided into 
 tribes, one of which was in possession of a special name 
 and district, although such a tribe might include both 
 Tomdirrups and Moncalons. These peculiar names seem 
 to be derived from the sterility or productiveness of the 
 soil.^ 
 
 This last distribution, which has superseded the 
 former one, is apparently the same as the distribution 
 
 ' Monatsherichte der GeseUschaft fur UrdJcunde, 11th series: Berlin, 
 1819, 1850. Bitter, Brief, p. 148. See Appendix II. 
 
 ' Journal Royal Geo. Soe., vol. i., 1832. Nind, Description, pp. 38, 42. 
 See Appendix III. 
 4 
 
22 THE PEIMITIVE FAMILY. 
 
 which was described by Grey, Eyre, and others, as derived 
 from Kobong or Totem. The kobong of a man signifies 
 the plant or animal from which he takes his name, and 
 which he reverences in many ways as his protecting 
 spirit. Both Nind and Grey state that the natives 
 ascribe theorigin of kobongs to the fact that individuals 
 took the name of some plant or animal which was com- 
 monly found in the district.^ These kobong groups 
 constitute clans, since all those who have the same 
 kobong are held to be in the same degree of kinship 
 by blood. The character of the earlier groups does not 
 come out so clearly, and very little can be ascertained of 
 the relation which these two group-forms bear to each 
 other. 
 
 We have only faint indications of the mode in which 
 the kobong groups had their origin. Grey states that 
 the people were afraid to kill an animal belonging to the 
 species of their own kobong ; but this was not the case 
 with the tribes visited by Eyre, and he found that the 
 kobong was not invariably inherited, although this was 
 as a rule the case.^ The kobong does not, in this 
 instance, appear to cover the whole group of kinship. 
 Waitz observes that individuals only appear to become 
 connected with the kobong on attaining to the age of 
 puberty.* Hence we may infer that the kobong group 
 was established by sacred rights, not by heredity; and 
 Spencer believes that the origin of the name must be 
 traced to the custom which induced a mother to give 
 the name of some animal to her child.* This does not, 
 however, afford an explanation of the religious significance, 
 and of the hereditary character of the kobong, for the 
 names which the children receive at birth are not 
 regarded with reverence, and are frequently changed.* 
 Perhaps the meaning of the name as a tribal sign is not 
 
 » Grey, vol. ii. p. 228. ' Eyre, vol. ii. p. 328. 
 
 » Waitz, vol. vi. p. 788. * Spencer, Prin of Soc, p. 360. 
 
 » Eyre, vol. ii. p. 321. 
 
AUSTEALU. 23 
 
 unconnected with the relation of the individual to the 
 district to which he belongs. 
 
 Each man possesses as his own a portion of the tribal 
 land, and is able to define its limits with accuracy. The 
 possessor has, indeed, only very moderate rights over 
 this strip of land ; in some cases he can sell it, and it is 
 usually inherited, but this is because the father, in his 
 lifetime, divides his portion among his sons.^ Since the 
 custom is widely diffused of naming the different districts 
 after animals, etc., and the inherited laud, at any rate 
 in the south, generally has a peculiar name, which is 
 also taken by its owner,* we are led to infer that the 
 kobong name may be derived from this custom. If it 
 could be ascertained that the tribal names of which 
 Ritter speaks are in reality tribal names, and not those 
 of families or clans, we might confidently assert that the 
 nomenclature of distinct families followed the same prin- 
 ciple as that of the whole tribe. The application of this 
 principle to the larger circles gives us the tribes, and the 
 subdivision of the tribe into' smaller sections follows 
 from its application to the smaller circles. This is, how- 
 ever, only a vague surmise ; there are so many gaps in 
 our knowledge that we do not even know whether each 
 inherited portion has its special name, or if the father's 
 portion retains its name, which thus serves as the tribal 
 name of his children. We can only assert with confidence 
 that there are subdivisions of two kinds, one of which 
 takes its name from some characteristic of the land, and 
 the other from its products. Our researches must be 
 founded on these facts. 
 
 Among the Kurnai the clans are locally distinct ; a 
 clan is, as it were, a tribal division of the tribe. Nind, 
 however, describes clans which are dispersed, and inhabit 
 the territory of other tribes. On the other hand, it 
 appears that the kobong groups show a tendency to locals 
 isolation, since its members belong to the same kobong. 
 ' See Appendix V. ' Waitz, vol. vi p. 793. 
 
24 THE PEIMITIYE FAMILY. 
 
 Eacli horde has, as a rule, a predominating clan, and 
 when the hordes break up, they fall into cl^ns.^ The 
 kobong clan is, however, by no means bound to the 
 tribe, as is the case with the Kurnai ; one kobong may 
 belong to individuals who live far apart. This, as we 
 might have supposed, is only because the kobong names 
 are to be found wherever the animals occur from whom 
 the names are derived. Opossums, rats, lizards, eagles, 
 snakes, etc., are everywhere common. The only fact 
 which reqiuires special explanation is that the lizard of 
 the east appears to be confounded with the lizard of the 
 west. This is to be explained by their having a common 
 name; it is impossible for the primitive man to enter 
 into detailed distinctions, and the force exerted on their 
 imaginative faculty by the kobong name does not admit 
 of any such distinction. It is, therefore, unnecessary to 
 insist on the wide diffusion of the kobong names ; the 
 \ only important fact is the position of the kobong group 
 within the tribe. 
 
 We find that the smaller groups are in all cases much 
 more permanent than the large ones, since they have 
 many more interests in common; among the Kurnai, the 
 members of the smaller groups have stronger claims on 
 each other than those of the large groups. The greater 
 permanence of a kobong group, when tribes are brought 
 into connection by the same kobong, must, however, 
 impress on the tribe itself the character of its less im- 
 portant members, and in proportion to the attraction 
 exerted on individuals by their common or allied kobongs, 
 the bonds of the tribe are relaxed. These new groups 
 show, as we have already said, a tendency to local 
 isolation, and thus to form new tribes ; and when no such 
 isolation has occurred, it must have been thwarted by 
 special circumstances, which we think it possible to 
 ascertain. 
 
 The group to which a child is assigned by its birth is 
 ' Grey, vol. ii. p. 239. McLennan, Studies, p. 89. 
 
AUSTRALIA. 25 
 
 f not the family, but the clan. We lay the greatest stress 
 upon this circumstance, and it is only because this has 
 not been done before that descent through the femal^p 
 line has been explained by ignorance of the paternity of 
 the child^ A clan is an exclusive group, and it is abso- 
 lutely impossible for one person to belong to two distinct 
 clans. In Australia, intermarriage between members of 
 the same clan was never allowed, and hence it was! 
 necessary to define the clan to which the child belonged 
 on one side only ; either the father or the mother must 
 be ignored. In Australia, it is usual to ignore the father, 
 yet the male line is maintained by the Kurnai, Gourn- 
 ditch-Mara, Turra, Moncalon, and Torndirrup tribes, and 
 by others visited by Eyre.-^ The line of descent has an 
 important effect on the localization of the groups. If the 
 chdd follows the parent on whom the family place of 
 abode depends, the local isolation of the clan can be 
 carried out ; if otherwise, a fresh confusion of the clans 
 will constantly occur. As a rule, the place of abode 
 depends upon the will and humour of the husband, and 
 the female line of descent, therefore, breaks down any 
 fixed boundary between the territories of clans. 
 
 The female line of descent does not, however, aSect 
 the family. Among the Australians, indeed, the family 
 has no fixed organization; the rape of married women, 
 and divorces are of daily occurrence, and the bond which 
 unites a father to his adult son is therefore unstable. Yet 
 the tie of marriage cannot be regarded as so loose as to 
 make it impossible for a father to feel any certainty with 
 respect to the child, for all reports agree in declaiing 
 
 I that the men are extremely jealous. Only the custom of 
 hospitality, which leads a man to offer his wife to his 
 friend or guest, can give rise to doubt ; but the arrival of 
 travellers is not of frequent occurrence. We shall presently 
 consider the meaning of such customs, but we must pass 
 over it now, as well as the strong affection which, accord- 
 • Fison and Howitt, pp. 276, 285. Nind, p. 44. Eyre, vol. ii. p. 328. 
 
26 THE PRIMITIVE FAMILY. 
 
 ing to all witnesses, Australians feel for their children, 
 since, as we shall presently see, such affection affords no 
 proof of the assurance of fatherhood. As an instance of the 
 sharp distinction between that which concerns the clan 
 and the family, we need only note that the obligations of 
 
 I the blood-f eudwill sometimes place a father and son in hos- 
 tile opposition to each other, since they belong to different 
 clans, and yet the father's land is divided among his sons. 
 Since, therefore, we find that the clan alone is affected 
 by the one-sided line of descent, the question arises 
 whether the circumstances of the Australians afford data 
 from which we can decide whether descent was originally 
 
 . traced through the male or female line, and what were 
 the reasons for the transition from one to the other. 
 This may be premised : that either the reasons for adopt- 
 ing the female line were of universal application, or that 
 it may be adopted under all sorts of conditions ; one or 
 other of these assumptions is warranted by its wide 
 diffusion. We find the male line in use among the Kurnai, 
 which are divided into clans in accordance with their 
 districts, not with their kobongs. The same line is in 
 use among the Moncalons and Torndirrups, who are no 
 longer quite distinct tribes, yet show traces of earlier 
 division. Their fusion seems to have been produced by 
 a subsequent kobong division. I have no idea how the 
 formation of groups dominated by the female line could 
 have arisen, since this line of descent interferes with the 
 permanence of the groups already formed. Hence I can 
 easily understand how groups which were formed and 
 maintained under the male line were confounded together 
 under the female line, without, however, altogether dis- 
 appearing. I am therefore inclined to regard the female 
 line as a later development; and this surmise seems 
 the more probable, since usually the female line only 
 appears in conjunction with the kobong groups. Among 
 the Kurnai, the only tribe which is without kobongs, the 
 female line is not observed. 
 
AUSTRALIA, 27 
 
 If we venture to decide on the stage of civilization 
 to which the Australian tribes have attained, we should 
 assign those who maintain the male line of descent to 
 the lowest place. The tribes visited by Eyre were on the 
 whole more degraded than those visited by Grey; the 
 former maintained the male, the latter the female line, 
 and among the former, as we have already said, the 
 kobong organization was only dawning. A single 
 motive cannot be assigned for the adoption of the male 
 line of descent by these tribes, and, indeed, we may infer 
 the contrary, for the rights established by marriage 
 appear to be less decided in the tribes observed by Eyre 
 than in those described by Grey. Grey states that a 
 widow becomes the property of her dead husband's 
 brother, while Eyre reports that she returns to her own 
 family after her husband's death.^ Only among the Kur- 
 nai we find slight indications of her becoming the brother's 
 property.^ It is, on the other hand, possible to discover 
 that the transition from the male to the female line was 
 due to an urgent motive. As the family instinct became 
 more developed, the importance of the distinction be- 
 tween brothers and sisters of full and half blood would 
 become gi-eater. When the husband was regarded as the 
 only important person, it mattered little what became of 
 the wife after the husband's death. Brothers and sisters 
 bom of one mother became an inconceivable idea. Yet 
 polygamy led to the conception of such an idea. The 
 daughters were subject to the father; on his death his 
 brother took his place, and it was necessary to distin- 
 guish between the whole and the half brother, since the 
 former must become the guardian. Among primitive 
 men, as a rule, everything depends upon the first shock 
 which their theories receive; the imagination is set to 
 work in another direction, and cannot be 'restrained 
 within due proportions and limits. In this way the 
 
 » Grey, vol. ii. p. 230. Eyre, vol. ii. p. 319. Waitz, vol. vi. p. 776. 
 » Fison and Howitt, p. 204. 
 
28 THE PEIMITIVE FAMILY. 
 
 unrestricted descent through the female line may have 
 spontaneously arisen, although in the first instance it 
 was only a. feeling of convenience which induced the 
 race to distinguish the children of polygamous families 
 by their descent through their mothers. 
 
 We do not claim unconditional assent to these sug- 
 gestions. We only assert that the conditions which 
 exist among the Australians do not entitle us to regard 
 the female line of descent as the primitive one, nor to 
 explain it by the fact of promiscuous intercourse. Their 
 circumstances do not afford proof of either opinion ; they 
 rather indicate that the female line was a later develop- 
 ment, to which they were led for other reasons than 
 those which referred to the question of paternity. 
 
CHAPTER 11. 
 
 AMERICA. 
 
 Exogenons totem-groups — General' diffusion of female line — As to the 
 primitive existence of the clan — The tamanuus of the peoples of 
 Columbia — Tylor, Lubbock, and Spencer — Medicine and totem- 
 System of names in clan — The Columbians the primitive tribes — 
 Position of husband with respect to members of wife's family — Effect 
 of this position on line of kinship — Influence of locality and house- 
 hold — Caribs — Non-existence of clans among them, and vague defini- 
 tion of kinship — I/abour performed by son-in-law — Paternal authority 
 and household among Brazilians — Tattooing a bond of union— Like- 
 wise a distinctive mark — Obligation of blood-feud — Slaves and 
 freemen — Undeveloped clans — Forbidden marriages — Tribes of La 
 Plata— No ^afrsa potestas — Hereditary dignity of chief — Araucaniaus 
 — Coherence of the family — Female line not primitive — Origin of 
 duties and privileges — Germ o^ development of groups — Nomencla- 
 ture — Mexico — Paternal line and localized clans — The same in Peru 
 — The couvade — Lubbock's hypothesis — Diffusion and meaning of 
 the couvade. 
 
 We find in North America very marked forms of clans 
 which are distinguished by their totems or kobongs, and 
 in that country as well as in Australia the clans are 
 exogamous; that is, marriage between members of the 
 same clan is not permitted.' The formation of tribes is 
 also more permanent than in Australia, when persons 
 belonging to different tribes, but possessing the same 
 totem, stand in close relations to each other; in America 
 this , is not the case. In some instances the clan 
 organization is absent, and these exceptions will help 
 us to understand its history — a history which reveals 
 
30 THE PKIMITIVE FAMILY. 
 
 the hidden causes of the lines of descent, and confirms the 
 surmises suggested by our observation of the conditions 
 which prevail in Australia. In both countries the social 
 life of men is due to very simple causes, which are there- 
 fore universally applicable. 
 
 To the east of the mountain range, each of the tribes 
 inhabits a territory of which the limits are strictly 
 defined. The land may either be owned by the chief, or 
 be the common property of the tribe. In the latter case, 
 each tiller of a piece of ground has the use of it as long 
 as he keeps it in cultivation, or else the tillage and har- 
 vest are undertaken in common ; either the harvest and 
 the animals killed in hunting are divided as they are 
 required, or each man takes what he wants from the 
 store in hand.^ The tribal bond is a strong one ; but, in 
 spite of this, every tribe is divided into several clans, 
 which, although not living apart, hold themselves to be 
 separate corporations with the right of independent 
 action. Wright tells us that in earlier times these clans 
 showed a strong tendency to local exclusiveness.^ 
 
 The female line of descent generally prevails in these 
 tribes. The male line is, however, observed by the 
 Punka, Omaha, Towa, Kaw, Winnebago, Ojibwa, Pota- 
 wattamie, and Abenaki tribes, and by those of the Mis- 
 sissipi and the Rocky Mountains. Among these the Win- 
 nebagoes, Ojibwas, Potawattamies, and at least one of the 
 Mississipi tribes, the Menominees, formerly followed the 
 female line of descent, and the change has taken place 
 under the influence of the missionaries. One of these 
 tribes, the Choctas, is now in process of transition.^ 
 Morgan believes that in the other tribes also, the female 
 line formerly prevailed, but he adduces no proof of this 
 assertion. At the same time he states that the division 
 into clans was a primitive one, and the fact that this 
 division is not found among the tribes of Columbia does 
 
 * Waitz, vol. Hi. p. 128. ' Morgan, Ane. Soc, p. 83, 
 
 ' Morgan, Anc. Soc., pt. 2, ch. vi. 
 
AMERICA, 31 
 
 not disturb this belief; the tribes may have originally- 
 possessed the clan-organization and afterwards have lost 
 it, since it is supposed that the American tribes migrated 
 from the Columbian district.^ I am more disposed to 
 infer that the clan organization had its origin among 
 the dispersed tribes at a later period, and I propose to 
 try to decide the question by a different method. 
 
 Wilkes writes that the Columbians have a tamanuus, 
 or medicine, which they reverence as their protecting 
 spirit. Each man early in life chooses such a tamanuus, 
 which is usually an animal.^ I find in this custom the 
 origin of totemism. 
 
 Tylor, in his work, " Primitive Culture," has spoken 
 of totemism, which prevails throughout the world, in 
 connection with the prevalence of animal worship.^ He 
 holds totemism to be that form of animal worship in 
 which the animal is adored as the ancestor of the man 
 himself, and he asks to what other cause we can ascribe 
 the fancy that a man is descended from a wolf, a bear, or 
 a tortoise. The hypothesis suggested by Lubbock and 
 Spencer seems to him to be too rash. These learned men 
 trace the cause of the so-called cultus to the prevailing 
 custom of giving the name of an animal to an individual, 
 and thence to a whole family. Such an individual at first 
 regarded the animal with interest, then with reverence 
 and superstition.* Tylor considers that this hypothesis 
 may explain the obscure facts of totemism, but it is 
 not warranted by experience, and its universal appli- 
 cation may mislead us. We should do well not to rely 
 too confidently on an hypothesis which accounts for 
 solar and lunar nature myths by referring them to the 
 heroic men and women who happened to be called after 
 the sun and moon.^ We shall revert to this point, 
 
 • Morgan, Ane. Soc, pp. 109, 177. Appendix VI. 
 
 ' Wilkes, Narrative, vol. v. p. 118. Appendix VII. 
 ' Tylor, Primitive Culture, vol. i. p. 213 
 
 • Lubbock, Orig. of Civ., p. 260. Spencer, Prin. of Soc., eh. xxii. 
 ' Tylor, Primitive Culture, vol. i. p. 215. 
 
32 THE PRIMITIVE FAMILY. 
 
 and are now only considering that part of Tylor's argu- 
 ment in which he lays stress on the distinction between 
 totemisra and the ordinary cultus of animals. He warns 
 us against confounding the totem with the protecting 
 animal which becomes the medicine of the individual.'- 
 I think that in this case he goes too far, for even if there 
 is any real distinction between the totem and the medi- 
 cine, the one might easily be evolved out of the other. 
 We are in possession of facts which entitle us to infer 
 that a totem was a medicine inherited from^ ancestors, 
 to which a function somewhat different from that of 
 ordinary medicine was ascribed. 
 
 It does not appear that the Columbian tribes a,re 
 addicted to totemism, although it is found among the 
 alUed tribes on the Fraser River. Among the latter, the 
 totem is carved on the beams of the house, and repre- 
 sented in all possible ways. Marriage is not permitted 
 between persons who have the same totem.^ I believe 
 that the custom of carving the image of the owner's 
 medicine on his house may have transformed its merely 
 personal character into that of an hereditarj' totem. 
 
 Schoolcraft tells us that among the Sioux a clan con- 
 sists of individuals who use the same roots for medicine, 
 and that they are received into the elan by a great medi- 
 cvne-datice. He adds that it is the custom — and this is also 
 the case with other tribes — to make a bag out of the skin 
 of the medicine animal, which acts as a talisman, and is 
 inherited by the son ; it is only in this way that descent 
 is reckoned through several generations.* This inherit- 
 ance of the medicine ma;^ possibly explain the develop- 
 ment of totemism, namely, by the reverence inspired by 
 an inherited medicine. While Morgan is able to infer 
 from a passage in Carver's " Travels " that in earlier times 
 the Sioux were divided into distinct clans, I can only 
 
 ' Tylor, Primitive Culture, p. 213. 
 
 " Mayoe, Four Tears, etc., p. 257. Appendix VIII. 
 
 ' Schoolcraft, vol. ii. p. 171 ; vol. iii. p. 242. Appendix IX. 
 
AMEEIOA. 33 
 
 gather from Carver's narrative that their recollections of 
 their ancestors were perhaps tolerably faithful.'- 
 
 These clan-like corporations of the Sioux, consisting 
 of persons who have the same medicine, may be placed in 
 the same category as the kobong group which Eyre found 
 in Australia. Descent is not so much the bond of union 
 as the religious consecration by which a young man is ad- 
 mitted into the group. Such corporations were frequently 
 formed in primitive communities, and the bond is one of 
 great tenacity.^ It seems probable that clans, together with 
 their totem symbols, have in all cases been developed out 
 of such corporations ; were it otherwise, we should possess 
 many facts with respect to the formation of clans which 
 are now wanting. It is, however, certain that a develop- 
 ment of groups occurs which is due to forces independent 
 of the idea of common descent, and this development is 
 found both in communities divided into clans, and in 
 those which are without any clan organization. When 
 the clan organization is fully developed, we always meet 
 with usages which must be regarded as tokens of a period 
 in which an individual was assigned to a clan for other 
 reasons than that of his birth. Morgan states that it is 
 no uncommon custom for a mother to enter her child 
 into a clan which she selects at pleasure.* Each clan 
 has peculiar names for its members, which no other clan 
 is entitled to use ; the possession of a given name there- 
 fore signifies that its owner is enrolled in a given clan. 
 When a fixed rule has defined the limits of the clan, the 
 right of name-giving loses its significance ; on the other 
 hand, it endows the name-giver, whether father, mother, 
 or some other person, with great power, unless some definite 
 law interferes with the arbitrary act. Morgan believes 
 that in its time this right of name-giving favoured the 
 
 ' Carrer's Travels, p. 1G4. Morgan, Ane. Soc, p. 154. Appendix X. 
 " Mayne, Four Years, pp. 260, 286, 289. Appendix XI. 
 ' Morgan, Ane. Soc, Shawnees and Delawaies, p. 79; Sauks, Foxea, 
 Miamis, p. 169 ; Delawares, p. 172. 
 
34 THE PEIMITIVE FAMILY. 
 
 introduction of the male line of descent, and lie points to 
 the fact that it is now in use among the Delaware tribe. 
 Although the right in question may lead to the sup- 
 pression of the female line of descent among the Dela- 
 wares, other motives may also lead to its adoption. 
 Admitting this, we are led to the conclusion that the 
 right in question implies a comparatively loose connec- 
 tion' between the clan and the line of descent. 
 ■^ From this point of view it is at any rate possible to 
 regard the condition of the Columbian tribes as the primi- 
 tive one. The observances of medicine prevail among 
 them, but there are no communities except those which are 
 defined by the locality and which keep together within 
 fixed limits. Of late years these tribes have lived in peace 
 together, and have begun to intermarry. In such cases 
 the husband goes to live with his wife's tribe, and the 
 wife takes an important position in the family. She 
 acts as head of the household and takes charge of the 
 provisions. When a man has several wives, or when 
 several families reside in the same lodge, each wife or 
 each family has a separate fire.* Here we seem to find 
 the first beginnings of that state of things which is fully 
 developed in the eastern tribes. Just as in this case the 
 tribe retains its women, and each wife of a polj'gamous 
 family is made locally independent by the possession of her 
 own hearth, so in the east the clan claims the right under 
 all circumstances of retaining and protecting its women. 
 Among the North American Indians, even after 
 marriage the man and wife usually belong to the huts 
 of their respective mothers.* The man, however, appears 
 to be, more dependent on his new family than on the 
 one to which he originally belonged. He must share 
 the produce of his hunting with them, and his wife's 
 humour sometimes compels him to seek a new home for 
 
 • Wilkes, Narrative, vol. iv. pp. 447. 457. Appendix XII. 
 ' Bartrams, Beisen, p. 48. Jones, Antiquitiee, p. 65. Lafitau, Mieurs 
 voL i. p. 577. 
 
AMEEICA. 35 
 
 himself. Even when he dominates over his wife, he 
 continues to be a stranger in her family, at any rate 
 until his children are born ; his authority over these is 
 not absolute, but he tries as far as possible to make them 
 into active hunters and warriors.^ 
 
 Among the Columbian tribes, the son remains with 
 his father; both among them and the Sioux, when the 
 son is left a minor, he is generally robbed of his inherit- 
 ance, which his kinsfolk take for themselves.^ In other 
 such cases, where there are no clans, there can be no 
 question of a distinct line of descent. We cannot agree 
 with Morgan, who, as we have already said, seeks to 
 explain the existence of the female line in so many of 
 the other North American tribes from the fact that it 
 prevailed at the time of their migration from Columbia. 
 In the first place, there are no grounds for ascribing to 
 the Columbians a primary and clearly defined line of 
 descent, since they are, even in our day, still incapable 
 of defining such a line. And, secondly, there are sufli- 
 eient causes to account for the development and main- 
 tenance of the female line in the customs just described, 
 by which the man inhabits his wife's home as a stranger, 
 the children grow up in a house belonging to the 
 members of the mother's clan, and the child is always, 
 or at any rate generally, assigned to that clan when 
 named. As the sense of clanship becomes ever more 
 powerful, it would be diflBcult for the man under such 
 circumstances to enrol his children in his own clan. We 
 have every reason to think that this was not the position 
 originally occupied by the husband, and hence we may 
 afiirm that the female line was adopted at a subsequent 
 period. In this case polygamy may have had some 
 influence, since it became more desirable to distinguish 
 
 ' Lafitau, vol. i. pp. 475, 579. Carver, p. 314. Huntfir, p. 251. 
 Morgan, Anc. Soc., pp. 72, 455. Giraud-Teulon, p. 192. Mackenzie, 
 p. 96. Appendix XIIl. 
 
 ■Wilkes, vol. iv. p. 448. Schoolcraft, vol. ii. p. 191. 
 
3t) THE PEIMITIVE FAMILY. 
 
 between the children when the position taken by a 
 husband in the family impressed upon marriage the 
 character of a monogamy in which concubines were 
 permitted. Yet, for reasons which I shall give pre- 
 sently, I think that the influence of polygamy was 
 extremely slight. 
 
 In most cases the North American clan is strong 
 enough to retain its members, and it becomes a political 
 organization, with chiefs for peace (Sachems) and for war. 
 Where the female line of descent is observed, the sons do 
 not inherit dignity nor prop^ty ; these always go to the 
 son of the brother or sister. Here, again, we are pre- 
 sented with facts which cannot be explained by ideas 
 about the tie of blood, but which arise from the usages 
 of social life, formed under the influence which local 
 circumstances exert upon the fancy. Morgan relates of 
 the Iroquois that after a man's death, the brothers, 
 sisters, and mother's brothers divide the property among 
 themselves, but that a woman's property is inherited by 
 the children and sisters, not by the brothers.^ This 
 custom may be formulated in general tei'ms by saying 
 that the inheritance falls to those who dwell together 
 in one place. Owing to the faculty of memory, child- 
 hood and youth involve a young man in such a web 
 of associations that he afterwards finds it hard to detach 
 himself from them. The man who, when married, has 
 lived as a stranger in the house of another, clings to the 
 impressions of his former home, and his earlier household 
 companions become his heirs. But the brother who has 
 wandered elsewhere stands in a more remote relation 
 to his sister than do the sisters and the children living 
 with her in the parental home, and he is therefore 
 excluded from the inheritance. It is evident that no 
 ideas of kinship will explain why sisters should inherit 
 from their brother, while brothers do not inherit from 
 their sister. This order is due to the influence of 
 ' Morgan, Anc. Soc, p. 76. Bartrams, Ecisen, p. 448. 
 
AMERICA. 37 
 
 locality, and the assertion must be. wholly rejected that 
 the relations of persons to each other are only decided 
 by considerations of blood-kinship, and that consequently 
 the female line of descent had its origin in a condition 
 of promiscuous intercourse which has now disappeared. 
 Even if the correctness of our hypothesis is still unproved, 
 yet it is certain that all proofs of the other hypothesis 
 are wanting. The female line of descent does not imply 
 ignorance of the child's paternity, but only the invalidity 
 of its legal rights ; the female line does not sever . the 
 chUd from its father, but only from the father's clan. 
 
 Our assertion that the household is the source of 
 legislative order, not from its character of blood-relation- 
 ship, but from its local- isolation, is confirmed by the 
 circumstances of the South American Indians, where the 
 causes at work are presented under somewhat different 
 conditions. 
 
 Both among the Caribs, and in the southern tribes 
 of Guiana and Brazil, we look in vain for any distinct 
 clan organization, except in the case of the twenty-seven 
 Arowak families, with which we are at present only 
 imperfectly acquainted.^ We find that clans are every- 
 where classified according to their villages, not by their 
 families. The father or head of the household exerts 
 unlimited authority over his wives and children, but this 
 authority is not founded on legal rights, but upon his 
 physical superiority.^ Sons leave the parental roof when 
 they grow up, but the daughters remain subject to 
 their father until they marry. It is in agreement with 
 these simple conditions that children are their fathers' 
 heirs.* 
 
 In these countries the female line is only observed 
 
 ' SchoBiburgk, Beisen, vol. ii. p. 459. Brett, Ind. Tribes, p. 98. 
 Traces exist among tlie Gfis (Martius, vol. i. pp. 54, 283), the Guayeurus 
 (Spix and Martius, vol. 1. p. 268), and the Yameos (Martius, vol.i. p. 117)k 
 Yet the question is rather of communities than of race. 
 
 - Martius, vol. i. p. 122. Prinz Maximilian, vol. ii. p. 40. 
 
 ' Martius, vol. i. p. 92. Waitz, vol. iii. p. 383. 
 
38 THE PEIMITIVB "FAMILT. 
 
 by the Arowaks, "Warraus, and Macusis.^ Among the 
 Arowaks, who are divided into clans, it is only the 
 child's clan which is decided by the female line ; the con- 
 ditions in the other two tribes are somewhat obscure. 
 Scbomburgk states that tribal dependence is never 
 derived from the father, but only from the mother, and 
 that the offspring of an Arowak and of a Warrau 
 woman would be reckoned in the Warrau tribe ; he adds 
 that the right of inheritance is in agreement with that 
 of the tribal claims.^ Nothing certain can be inferred 
 from this fact; it is possible that the Warraus have 
 followed the customs of the Arowaks, with whom they 
 are closely connected. There is certainly no rupture of 
 the relation between father and son, since the office of 
 a wizard devolves upon his eldest son.® 
 
 The relations between father and son are so close 
 among the Macusis that the simple assertion that among 
 them, as well as among the other tribes of Guiana, the 
 descent of the child is traced through its mother,* must 
 be received with the greatest caution. The father fondly 
 loves his child ; it is completely in his power, and he can 
 sell it, if so disposed, while the adult son is as a stranger 
 to his mother.^ Again, a strange light is thrown on the 
 female line of descent by the prohibition to marry a 
 brother's daughter, since this is regarded as the nearest 
 degree of kinship among brothers and sisters. The 
 father's brother is called papa as well as the father. On 
 the other hand, it is permitted to all to marry a sister's 
 daughter, a dead brother's wife, or a stepmother, after 
 her husband's death.^ The idea that the mother was 
 more closely akin to the child than its father could not 
 have resulted in such a state of things; on the other 
 hand, it may be explained in accordance with our 
 
 ' Schomburgk, Tieisen, vol. i. 169 ; vol. ii. pp. 314, 459. 
 " Ibid., vol. i. p. 169. » Ibid., vol. i. p. 172. 
 
 * Ibid., vol, ii. p. 314. s Ibid., vol. ii. p. 315. 
 
 « Ibid., vol. ii. p. 318. 
 
■AMERICA. 39 
 
 principle, when we go on to consider the way in which 
 the tribes in question lived. 
 
 The young husband usually lives for some time with 
 his parents-in-law, and works for them.^ The analogy 
 between this custom and that which prevails in North 
 America is apparent, but the distinction between them 
 is not so plain. In the north, the custom was an ex- 
 pression of the clan sentiment, and this ideal character 
 gave it greater weight. In the south it is reduced to 
 a question of gain, and the son-in-law must serve for his 
 bride as Jacob served for Rachel. The wooer may give 
 other things for his bride besides his labour ; when he 
 has come to an understanding with the father, he gives 
 a present and makes amends to him for the loss of his 
 daughter by promising to give a sister in marriage to 
 one of his sons, or, in default of this, he promises to give 
 his own first-born daughter.^ This mode of ransom is 
 the true source of a custom in which, without further 
 proof, the origin of a former observance of the female 
 line has been sought. Waitz is surprised that among 
 the Caribs the sons inherit from their fathers, " although 
 they only appear to have regarded kinship in the female 
 line as a true kinship." ' This female line results from 
 the claim made by men on the daughters of their father's 
 sister,* and also from a similar claim made by the 
 mother's brother. It is, however, easy to see that they 
 merely follow from the ransom we have just mentioned ; 
 for itj when the first daughter is born, the mother's 
 
 ' Schoraburgk, Reisen, vol. i. p. 164 ; vol. ii. p. 318. Brett, p. 101. 
 Martius, vol. i. p. 108. Gili, p. 344. Du Tertre, vol. iii. p. 378. 
 
 ^ Plogge, "Reise in das Gebiet der Ckiajajara-Indianen" quoted in 
 Petermann's MiWieilungen, 1857, p. 206. 
 
 ^ Waitz, vol. iii. p. 383. Du Tertre, vol. ii. p. 400. Oviedo states that 
 in Hayti the sons of the head wife are the first to inherit, next, the 
 brothers, the sister's son, then the sons of the other wives (Sprengel, 
 Attavoahl, vol. i. p. 39). This does not imply a female line, but the dawn 
 of a monogamous order of things, which regards the children of the 
 inferior wives as illegitimate. 
 
 ' Du Tertre, vol. ii. p. 377 
 
40 THE PRIMITIVE FAMILY. 
 
 brother maintains his right, and demands the child as 
 his future wife, the father of the child is absolved from 
 part of his duties towards his wife's parents, and the 
 future husband must take them on himself^ 
 ' It would not be correct to say that the tribes just 
 mentioned observe the male line ; the child is bound by- 
 strong ties to both parents, but these do not distinctly 
 involve ideas of common blood ; all is still indefinite and 
 fluctuating, since the groups of kinsfolk are still un- 
 formed. "The tribes of the Orinoco have no family 
 names, by which one house is distinguished from another. 
 They are so indifferent to their forefathers that they 
 rarely know the names of their grandfathers." ^ Among 
 these peoples the family is regarded only in its narrowest 
 sense, and the power of the father is unlimited. Within 
 this circle a desire is felt to distinguish the children by 
 their mothers, and this is the more powerful since the 
 polygamous family is no longer a homogeneous whole. 
 It is only the first wife who is obtained by her husband's 
 labour, and the rights of this head wife are predominant ; 
 her children sometimes enjoy special privileges.* Often 
 each wife has her own hut, in which case the husband 
 lives for a month with each of them.* The mother 
 chooses her child's name, and is sometimes herself called 
 after her child, and she exerts great influence over the 
 choice of her son's wife.^ If divorced, she seeks to retain 
 the children, and if she is successful, she provides for 
 their future.® The bond between the mother and child 
 is esteemed to be so close that the children bom of a 
 connection between the men of the tribe and captive 
 women are sometimes eaten.'' Yet some authors assert 
 that these children are placed on an equality with the 
 
 ' Lafitau, vol. i. p. 557. Labat, vol. i. pt. ii. p. 5. See Spix and 
 Martins, vol. ill. p. 133 (Mundrncus). Gili eays that the word avo is used 
 both for mother's brother and for father-in-law. 
 
 ' Gili, p. 324. ' Waitz, vol. iil. p. 383. 
 
 * Du Tertre, vol.ii. p. 387. " Gili, pp. 324, 342. 
 
 » Du Tertre, vol. ii. p. 376. » Waitz, vol. iii..p. 374. 
 
AMERICA. 41 
 
 others.^ But however strong the tie between mother 
 and child may be, its force depends on their living 
 together in the same hut ; the idea of this collocation 
 exerts a powerful influence on the fancy. There is 
 nothing to indicate that the idea prevails of a peculiarly 
 close tie of blood between mother and child. 
 
 Among the Brazilian tribes the claims of both parents 
 are considered, and in the more weighty questions the 
 father comes forward as the one in authority. It is 
 through him that the children are connected with the 
 tribe and its legal organization. The Brazilian house- 
 hold is more closely compacted than that of the Caribs, 
 and plays an important part as the fundamental element 
 of society. Only the fathers of families are admitted to 
 the general councils of the tribe.^ The cohesive power 
 of the household is so strong that it is on the verge of 
 becoming a clan in the geographical sense, that is, with 
 local boundaries. Those tribes which are numerous are 
 subdivided into hordes and families, and there is a closer 
 union among the individual members of each section 
 than there is with the whole tribe.^ Each of these sub- 
 divisions are groups of kinsfolk, while the others are 
 only groups by association ; the former bear patronymic 
 names, while the latter derive their names from the 
 locality or from some special characteristic* Among the 
 G& such modifications are readily traced, but they seem 
 to disappear almost as quickly as they are formed.* The 
 cause of this swift disappearance lies in the difiieulty 
 of maintaining tribal union between hordes which are 
 locally separated. A. von Humboldt observes "that 
 savage nations are divided into a great number of tribes, 
 
 ' Du Tertre, vol. ii. p. 379. Eochefort, p. 327. l^abat, toI. i. pt. ii. 
 p. 11. 
 
 ^ Martins, vol. i. pp. 64, 65. 
 
 ' Martiua, vol. i. p. 54. Spix and Martins, vol. ii. p. 821. 
 
 * Guaranis and Cliireguanas (Azara, vol. ii. p. 54. Charlevoix, vol. i. 
 p. 294). 
 
 5 Martius, vol. i..p. 283. Spix and Martins, voL ii. p. 821. 
 
42 THE PBIMITIVE FAMILY. 
 
 between which there is a deadly enmity, and they never 
 unite together, even when their language has a common 
 origin, and their dwellings are only divided by a small 
 stream or by a range of hills. In proportion to the 
 smallness of the tribe is the probability that the marriage 
 between families, which has gone on for centuries, will 
 produce a certain uniform modification, an organic type, 
 which may be termed the national form." ^ The scattered 
 portions of the clan become distinct nations. 
 
 Only one bond is permanent enough to hold these 
 portions together after their separation — the widely-dif- 
 fused savage custom of tattooing, painting, and other per- 
 sonal adornments, by means of which the fancy maintains 
 the local, graphic signs with which they cannot dispense, 
 and to whose influence they involuntarily and absolutely 
 surrender themselves. The tattoo-marks make it possible 
 to discover the remote connection between clans, and this 
 token has such a powerful influence on the mind that 
 there is no feud between tribes which are tattooed in the 
 same way. The type of the marks must be referred to 
 the animal kingdom, yet we cannot discover any tradi- 
 tion or myth which relates to the custom.^ There is no 
 reason for asserting that there is any connection be- 
 tween the tattoo-marks and totemism, although I am per- 
 sonally disposed to think that this is sometimes the case. 
 The tattooing, which usually consists in the imitation of 
 some animal-forms, may lead to the worship of such 
 animals as religious objects. However this may be, 
 tattooing is a plastic art which may be modified and 
 altered, and if similar tattoo marks unite peoples together, 
 any alteration of these marks may make the breach 
 which has taken place between them irreparable. 
 
 Tattooing may also lead to the formation of a group 
 within the tribe. At all events, among the Uainumas 
 the different families or hordes are distinguished by the 
 
 ' A. von Humboldt and Boupland, vol. ii. p. 192. 
 ^ Spix aud Martius, vol. iii. p. 1279. 
 
AMEEICA. 43 
 
 tattoo-marks of the face.^ Among the Guaycurus a caste 
 of nobles seems to have been formed in this way.^ Yet 
 the relations are so fluctuating that they lead to nothing 
 certain, and do not give rise to a clan. The group may 
 be associated in the cultivation of their fields, and live 
 . together in common in large dwellings,^ yet the separate 
 families are never lost in the group, but retain their 
 independence. The household, not the group, constitutes 
 the social element. There is only one circumstance which 
 may point to an earlier or dawning kinship through the 
 mother. The blood feud devolves on the son, brother, 
 and sister's son ; the brother's son is not mentioned.* 
 But we think that this order is due to the custom already 
 mentioned, of retaining daughters in the parental home 
 for some time after their marriage. In this way the 
 daughter's children become attached to the household by 
 closer ties than is the case with the son's children, born 
 in another house. The origin of the subsequent observ- 
 ance of the female line may be sought in this custom, 
 but it is in no sense the sign of one which has ceased to 
 exist. 
 
 An instance of the wide influence of organizations 
 which have gathered round the household like a some- 
 what indefinite crystallization may be found in the fact 
 that the Guaycurus prohibit marriage between freemen 
 and slaves.^ Martins believes that this distinction of 
 classes is an evident indication of hereditary rights, and 
 he seems to found these hereditary rights upon descent 
 from the ancestors they have in common. We do not 
 accept this view, since it is easier to explain the pro- 
 hibition from the custom of not tattooing slaves, that is, 
 captives taken in war. It is natural that they should 
 not have made use of the tattoo-marks of their own tribe, 
 
 Spix and Martins, vol. iii. p. 1208. 
 » Ibid., vol. i. p. 268. Martiaa, vol. i. p. 72. 
 3 Martins, vol. i. p. 81. • Ibid., vol. i. p. 12T. 
 
 ' Ibid., vol. 1. p. 71. Spix and Martins, vol. i. p. 268. 
 
44 THE PRIMITIVE FAMILY. 
 
 and also that they should not dare to adopt those of 
 their conquerors ; and since the tattoo-marks are a sign 
 of amity, they mark the limits within which marriage 
 is possible, as well as those of the legal rights which 
 they have in common. The child of a slave certainly 
 inherits its father's lot, but it is because it belongs to its . 
 father, not because it was begotten by him. 
 
 It would be unreasonable to regard the organization 
 we have just described of a tribe consisting of families and 
 small family gi'oups, as if it were derived from an organized 
 clan of earlier date. The family shows no tendency to 
 become more permanent, but is rather in constant danger 
 of being lost in the family groups which finally con- 
 stitute the clan. It msiy be inferred from the prohibition 
 of certain marriages that the stream flows in the direc- 
 tion of the clan, and not against it. Throughout America 
 the clan is exogamous ; that is, marriage within the clan 
 is forbidden. If in South America we had to do with 
 the remnants of a clan-organization, we should expect to 
 find a strictly prohibitive marriage law. And if we do 
 not find such a law, or if it is only beginning to be 
 formed within the family, we are entitled to regard the 
 family as the first step to the clan. The Caribs see 
 without a shudder the marriage of parents with their 
 children.^ " In Brazil it is generally held to be disgrace- 
 ful to marry a sister or a brother's daughter. Morality 
 with respect to such customs increases in proportion to 
 the number of the tribe. It is very common for a brother 
 to live with his sister in the small, isolated hordes and 
 families. It may generally be said that incest is common 
 among the numerous hordes and tribes of the Amazon 
 and Negro rivers." ^ Among the Tupinambazes, the 
 Puris, and the Coropos, the forbidden degrees appear to 
 be those of mother, sister, and daughter. Among the 
 Yameos, with whom, as we have already said, there are 
 
 ' Da Tertre, vol. ii. p. 377. Labat, vol. ii. pfr. ii. p. 5. 
 ' Martius, vol. i. p. 116. 
 
AMERICA. 45 
 
 guilds which approximate to the clan, these guilds are 
 exogamous.^ Everywhere, however, marriage between 
 members of different tribes is forbidden. The tattoo-marks 
 define the limits of permitted marriages, and totemism 
 defines those of prohibited marriages. Since we find 
 that the North American tribes are just as averse from 
 intermarriage with foreign tribes as those of the south, 
 and the families in the south are as exogamous as the 
 northern clans, we cannot avoid regarding the conditions 
 of the South American Indians as the more primitive. 
 
 When we turn to the peoples south of Brazil, we 
 observe the same social structure, characterized by some 
 peculiarities which are very instructive, and which fully 
 confirm our theory. The Brazilian family or household 
 is subject to the authority of the father, and the woman, 
 whether as mother, wife, or daughter, possesses neither 
 rights nor property. The tendency to an exclusive line 
 of descent only on the father's side, is in harmony with 
 this order of things. As we go further south, we shall 
 not find that the family has the same patriarchal cha- 
 racter. 
 
 Each member of the family is independent. Marriages 
 are dissolved arbitrarily and from caprice, and the children 
 belong neither to father nor mother.^ Among the Guanas 
 the women make their stipulations before marriage — what 
 they are to do in the household, whether the marriage is 
 to be polygamous or polyandrous, and the like.^ There 
 is no social organization among the Morotocos; each 
 family lives independently, and the women rule the 
 house, but their authority does not extend beyond its 
 threshold. * Among the Payaguas, when a divorce 
 occurs, the children and the property belong to the 
 
 ' Lery, p. 337. Spix and Martiiis, toI. i. p. 381. 
 
 • Charlevoix, vol. i. p. 312; voL vi. p. 147. McCann, vol. i. 130. De 
 la Craz, i>- 62. Smith, The Araucanians, p. 201. D'Orbigny, vol. iv. 
 p. 92. Gniimard, p. 131. Dobrizhoffer, voL ii. p. 268. Azaia, vol. ii 
 pp. 23, 44. 
 
 ' Azaia, vol ii. p. 93. Charlevoix, vol. iv. p. 283. 
 
 6 
 
46 THE PRIMITIVE FAMILY. 
 
 wives, and the husband only retains his weapons and 
 his clothes; when the marriage is childless, each takes 
 what is his or her own.^ In all these tribes divorces 
 only occur, however, when the marriage is childless.^ 
 Preference for the paternal line can only be traced in 
 the hereditary dignity of the chief, which usually goes 
 from father to son. The existence of hereditary chiefs 
 is, however, no proof of the consolidated organization of 
 the tribe, which always depends upon the functions of 
 the chief, and in the cases in question these are insignifi- 
 cant. The formation of groups does not go beyond the 
 combination of kinsfolk to maintain special rights. 
 
 The chief's dignity is hereditary among the Guaranis 
 and some of the Carib tribes, but in other cases the 
 strongest and bravest man becomes the chief. " It seems 
 to me," Martius writes, " that the chief assumes the 
 highest place among his companions, as much in virtue 
 of his own personality as because he is called to it by the 
 general voice of the tribe." * This remark, however, only 
 applies to those tribes whose chiefs are hereditary, and 
 even among them the dignity may devolve upon indivi- 
 duals distinguished for their valour or eloquence, or who 
 are chosen by the still surviving chief* Sometimes, in- 
 deed, it is open to women.^ In times of peace the chiefs 
 are for the most part only advisers and meditators, but 
 during war they enforce a blind obedience.* 
 
 The Araucanians are in many respects more developed 
 
 ' Azara, vol. ii. p. 132. 
 
 2 Azara, vol. ii. p. 23. Dobrizhoffer, vol. ii. p. 259. Palkner, p. 157 
 Gili, p. 346. 
 
 ' Martius, vol. i. p. 61. See Charruas, Tobas, Mbocobie, Patagonians 
 Fuegians (Azara, vol. ii. p. 15. D'Orbigny, vol. iv. p. 232. Wilkes, vol i. 
 p. 114. Parker Snow, vol. ii. p. 358). 
 
 * Guayourus (Charlevoix, vol. i. p. 11.5), Abipoucs (Dobrizhoffer, vol. i. 
 p. 130), Araucanians (Smith, p. 2-H. B'Orbigny, vol. iv. p. 183), Guanas 
 (Azara, vol. u. p. 95), Tehuelches, and Puelohes (Falkner, p. 150. Smith, 
 p. 196. Dobrizhoffer, vol. ii. p. 130. Azara, vol. ii. p. 96. Charlevoix 
 vol. i. p. 294). ' 
 
 » Smith, p. 242. 
 
 " Azara, vol. ii. p. 96. Dobrizhoffer, vol. ii. p. 186. Smith, p. 163. 
 
AMEKICA. 47 
 
 ihan the other tribes, so that the description of their 
 customs is of special value to us. The land is divided 
 into four equal provinces, and these are again subdivided 
 and, as Smith states, inhabited by clans ruled by here- 
 ditary chiefs ; these chiefs exert a patriarchal authority, 
 and may be regarded as heads of families. They provide 
 for the general good, enter into alliance with their neigh- 
 bours, call the councils together, endeavour to arrange 
 the disputes which arise from thefts, and decide on the 
 purchase of tribal land.^ We think that Smith is mis- 
 taken when he uses the expression " clan " ; these groups 
 are only local divisions of a tribe, still inspired by tribal 
 sentiment, and the subdivisions are not groups of kins- 
 folk, but household groups which live together on ground 
 which is locally isolated. Some of them are blood-rela- 
 tions, others not, and the fact of kinship is soon forgotten. 
 The character of the hereditary chief's office by no means 
 indicates that the group was originally a clan, or a family 
 which was first ruled by thei father, and afterwards by 
 the eldest son. The limits of the family group are quite 
 njidefined, and are maintained, not so much by the re- 
 collections of their common descent as by the elementary 
 conditions of their local distribution. The Araucanians 
 inhabit large family dwellings, which is also often the 
 case with other tribes, and as long as they aU dwell 
 together, there is great cohesive power in the family 
 group; but as soon as the local bond is dissolved, the 
 kinship is no longer recognized.^ The hereditary dignity 
 of the chief is merely the natural result of the fact that 
 property is hereditary, and this again follows from living 
 together in one place. Among the Araucanians, the 
 word " ulman " or " guilman " signifies both a rich man 
 and a chief, and when there is no heir, the new chief is 
 chosen from among the rich.' We do not dispute the 
 fact of hereditary rights ; it is enough to say that they 
 aflFord no traces of an earlier clan-organization, and, still 
 ' Smitb, p. 240. ' Gninnard, p. 115. « Smith, p. 242 
 
48 THE PBIMrnVE FAMILY. 
 
 less, traces of an organization founded on the female line 
 of descent. 
 
 An attempt is usually made to regard usages as the 
 result of ideas of sacred rights and duties. This appears 
 to me to be sometimes labour in vain, since it is much 
 simpler to derive such ideas from the usages, and to trace 
 the source of these to motives prompted by the claims 
 of primitive life. When, for instance, Waitz writes that 
 among the Peguenches all the kinsfolk must answer for 
 a robber, too much stress is laid on the obligation ; it is 
 not the whole of the kinsfolk, but only those who are 
 living in community with the robber, who are held to 
 be responsible.-*^ The injured person merely seeks to 
 recover his property, and if the robber is unable to give 
 him satisfaction, compensation must be made out of what- 
 ever is to be found in the house.* A common dwelling 
 certainly produces a growing sense of having all things 
 in common, and this is chiefly due to the fact that the 
 mutual relations which subsist between neighbours are 
 not so much with individuals as with the community 
 of a given place. 
 
 Everything tends to show that the groups are in 
 process of formation, and that they are not the survival 
 of a more fixed order of things. We adduce a few 
 examples, which we consider sufficient. The murder of 
 a child by its father is, among the Peguenches, avenged 
 by the mother's kinsfolk as any other murder would be,* 
 and an adultress can only be safely killed by her husb^id 
 after he has obtained her kinsfolk's consent* This does 
 not imply that kinship through the mother is particularly 
 close, but merely that the groups, instead of being ex- 
 clusive, overlap each other. Even after her marriage 
 the wife is under the protection of her former companions, 
 and her family extends the hand of friendship to her 
 children. The father affords special protection to a 
 
 • Waitz, Tol. iii. p. 517. ' De la Crnz, p. 38. MaeCann, toL L p. 127. 
 " Waitz, vol. iii. p. 517. ' De Ja Cruz, p. 38. 
 
AMEEICA. 49 
 
 daughter because the price paid for a bride is a source 
 of wealth,^ and on this account he does not quite lose 
 sight of her, even after her marriage. 
 
 The custom, which is in this case only beginning, of 
 pointing out the child's family by its name shows that 
 we have to do with the dawn, and not with the survival 
 of usages which tend to the formation of a clan, and of the 
 female line of descent, as it prevails in North America. 
 Among the Araucanians, the last syllable of the father's 
 name begins to be used as the family name.^ Among the 
 Tehuelches, hereditary names, with the exception of a 
 few cases in which the Spanish custom is imitated, are 
 altogether unknown.^ Among the Peguenches, the child 
 receives the name of his godfather in addition to that 
 of his father, and there is a close connection between 
 name-brothers, even when they have only part of the 
 name in common.* 
 
 If we cast a hasty glance at the higher development 
 of Mexico and Peru, we shall be confirmed in the belief 
 that the social forms which we have just considered are 
 antecedent to those of the clan, and that the clan 
 organization naturally grows out of them ; and, again, 
 that the clan which depends on the female line of descent 
 cannot be explained from the facts of promiscuous inter- 
 course. 
 
 According to the mythical account of the building of 
 the city of Mexico, God ordered the priest to declare to 
 the people that they should divide into four tribes which 
 were to settle round the temple. Each of the four tribes 
 was subdivided into smaller groups, each possessing its 
 own district and god.^ Morgan justly believes that this 
 narrative points to a permanent division into clans.* 
 We have many witnesses to the solidarity which exists 
 
 > De la Cruz., p. 59. ' Smith, p. 262. Appendix XIV. 
 
 • Musters, p. 177. 
 
 * De la Cruz, p. 58. See Spix aud Martins, vol. iii. p. 1185 
 ■■ Herrera, p. 156. Appendix XV. 
 
 " Morgan, A7U1. Soc., p. 186, ch..vii. 
 
50 THE PEimTIVE FAMILY. 
 
 between the different groups, both in their common 
 responsibility for crimes, and in their maintenance of the 
 rights of property.^ But there is not a single witness 
 which would entitle us to infer that there was originally 
 a female line of descent. The local isolation of the clans 
 maintained by their distribution into districts is only 
 possible where there is a male line; we have already 
 shown that a confusion inevitably results from the 
 female line. We are wholly ignorant how the clans 
 arose ; no conclusions can be drawn from the fact that 
 the gods, or images of the dead, served as a centre for 
 each clan, since it remains doubtful whether the sever- 
 ance into groups was due to their common worship of 
 the same gods, or if men worshipped the same god because 
 they were of the same blood. 
 
 Peru, before the Incas obtained possession of the 
 country, was apparently inhabited by a number of 
 peoples, whose organization resembled that found in 
 Brazil and on the Pampas. Garcilasso's description of 
 their rude state is perhaps overdrawn, yet this much I 
 believe to be true. Each province and nation, and 
 frequently each village, spoke a different dialect, which 
 was unintelligible to their neighbours. Those who spoke 
 a common language were in close connection with each 
 other, while they lived at enmity and in perpetual 
 warfare with those whom they did not understand.^ 
 This weU-known classification into villages was main- 
 tained in a strongly-marked form under the Incas ; no 
 member of a given district or village could marry into 
 another, and he was at the same time bound to the 
 soil.' When we are confronted with these facts, it 
 becomes impossible to find in the tribal forms of South 
 America the survival of an earlier and diverse tribal 
 organization. 
 
 " Herrera, vol. iii. pp. 321, 359, 870, 379. Waitz, vol. iv. pp. 76, 306. 
 " Garcilasso de la Vega, p. 81. > Ibid., p. 189. 
 
AMERICA. 61 
 
 The Couvade. 
 
 Before taking leave of America, we must consider some 
 phenomena which are commonly supposed to be signs of 
 the prior observance of the female line of descent; 
 namely, the special customs which are included under 
 the name of the couvade. This name is applied to the 
 custom which obliges the father to occupy the lying-in 
 bed instead of the mother. Lubbock attempts to explain 
 this strange custom by saying that when the transition 
 from the female to the male line of descent took place, 
 the father assumed in all respects the position of the 
 mother. Thus it was natural that he should refrain 
 from everything which might hurt the child, both from 
 certain acts and certain food. Lubbock ascribes the 
 origin of the couvade to this abstinence, which the mother 
 had really reason to observe, but in the father's case it 
 was fictitious. The father was now, accordingly, regarded 
 as the true progenitor, as the mother had formerly been 
 so regarded.^ 
 
 It is scarcely necessary to observe that the father 
 would not submit to the couvade if he believed himself 
 to be in no way connected with the child, and so far we 
 agree with Lubbock. But the facts distinctly contradict 
 his assumption that the couvade was' due to the transition 
 to the male line of descent, and a much simpler solution 
 of the question is afibrded by the later passages in the 
 works quoted by him. Schomburgk states that the 
 Arowaks agree with other tribes in the performance 
 of these ceremonies of the lying-in bed by the husband 
 together with the wife, and he says the same of the 
 Macusis.^ Yet we have seen above that these two tribes 
 observe the female line of descent, and this fact makes 
 Lubbock's explanation untenable. 
 
 ' liUbbock, Orig. of Civ., p. 154. Appendix XVI. See Tylor, Early 
 Bistory, p. 292. Bachofen, Mutterrecht, p. 419. Ploas, JJas Kind, vol. i. 
 p. 35, and ch. T. 
 
 ' Schombnrgk, vol. ii. pp. 314, 459. Brett, pp. 98, 101, states that the 
 •wife takes no part. 
 
52 THE PBIMITIVE FAMILY. 
 
 In order to find another explanation, an exact ac- 
 quaintance with the phenomenon is necessary. I quote 
 several accounts of this strange custom in the Appendix,^ 
 and they all show that the husband's lying-in bed is not 
 regarded as a sick-bed, affording rest and strength after 
 travail. The man fasts with extreme rigour, and abstains 
 for a long while from certain meats which might injure 
 the child ; birds and fish would give it the stomach ache, 
 turtle would cause it to be deaf, etc. As Tylor has 
 already asserted, the couvade only expresses the belief 
 in a secret mystical connection between the father and 
 the child, a belief which does not go beyond what is 
 known in other ways of the mode of thought in primitive 
 man.^ The belief that it is possible to inherit the courage 
 of a dead man by eating his heart, or that a man may be 
 bewitched by incantations over a lock of his hair, springs 
 from ideas which will also include the couvade. "In 
 order that the father's courage may devolve upon the 
 . child, the former subjects himself to the most painful 
 ordeal on the birth of a .son or daughter, and a young 
 woman also submits to cruel rites on attaining maturity."* 
 Among the Iroquois, a mother who shrieks during her 
 labour is forbidden to bear other children, and some of 
 the South American Indians killed the children of 
 mothers who have shrieked, from the belief that they 
 will grow up to be cowards.* The origin of the couvade 
 cannot be traced to fatl^r or mother ; the well-being of 
 the child is its object ; the father's powers of endurance 
 are displayed on such occasions, and might thus be 
 assured to the child, for no one who was deficient in 
 courage and endurance would submit to this custom. 
 
 • Appendix XVII. 
 
 ' Max Miiller, strangely enough, traces the origia of the couvade to the 
 derision of friends of both sexes (ch. ii. p. 278). 
 
 ' Schomburgk, voL ii. p. 431. < Lafitau, vol. i. p 502. 
 
CHAPTER in. 
 
 AFKICA. 
 
 The legnlating forces universally simple — ^The female line a sign of the 
 formation of more permanent gionps — Scattered groups : slave-hunta 
 — Conquest of Africa — Twofold line of descent — ^Bcchuana clans — 
 Patriarchal life — The kotla — Bantu and Negro Tillages — ^Their 
 government — ^The \illage and the family — ^Women's prominent posi- 
 tion — Bachofen and Giraud-Teulon — The wife and her family — 
 Negroes — ^Female line — Description of West African community — 
 Government of tribe and clan — Bechuanas the primitive type — 
 Hottentots. 
 
 We have endeavoured to show that the development of 
 primitive social life lies between the Brazilian and North 
 American forms. The social life of man begins with the 
 partially agnatistic family, and the family group which 
 is ruled by the father in virtue of his physical supe- 
 riority ; a strong man, or one who is pre-eminent in other 
 ways, commands respect, and is obeyed by his associates, 
 whether of the family or of the tribe. Clans are subse- 
 quently formed which, as their internal cohesion increases, 
 gradually pass from the paternal to the maternal line of 
 descent ; the clan is then ruled by hereditary chiefs, and 
 the family as a privileged group is lost. The organi- 
 zation of the community is not decided by considera- 
 tions of descent, yet the same gfeneral causes also decide 
 between the possible lines of descent. As in all cases 
 which have to do with forces at work in wide circles, 
 we find that here also the efficient causes are very 
 
54 THE PKIMITIVE FAMILY. 
 
 simple and direct. It was the influence of locality 
 which first assigned the child to its father, and after- 
 wards, when the mother lived apart from the other 
 wives, to its mother ; this was still more the case when 
 the woman's clan interposed between her and the 
 husband who belonged to another clan. 
 
 When we take a general view of these facts, the pre- 
 liminary condition of the successful establishment of the 
 female line appears to consist in the distribution of the 
 masses into several smaller societies. Our researches 
 show that, in accordance with the principle of this dis- 
 tribution, all which is found in one locality belongs to 
 the owner of that locality. Since their inclinations and 
 passions are social, this law is adopted by men. Who- 
 ever is drawn to a locality owned by another forfeits his 
 own independence, and we have already seen that the 
 family served as the nucleus of this first crystallization. 
 The man took his wife to his own abode, and ruled both 
 her and her children. These first groups might either be 
 dissolved, owing to continual disputes, and then always 
 drift further apart, or they might live together in amity, 
 until they were by degrees so closely united that they 
 could not be severed without losing their existence. 
 The vitality of the group was involved in maintaining 
 the female line of descent, since it arose from its power 
 of retaining and protecting its members, but it destroyed 
 the natural basis of the family by its opposition to the 
 will of the husband. Since the natural tendency to 
 family life can never be wholly subdued, the clan which 
 was organized in conformity with the female line had 
 always to contend with an enemy at home ; the local 
 limits of the clan were confused by marriage, and this 
 confusion undermined the dominion of the female line. 
 
 We do not deny that there may have been other 
 starting-points for groups besides that of the family. 
 Whatever produces community among individuals, 
 whether they have in common their name, their tattoo- 
 
AFEICA. 55 
 
 marks, or their tamanuus, may give the first impulse to 
 the development of a still closer association. It is 
 doubtful whether a different cause involves a different 
 mode of life and different ideas, but this seems to us 
 to be improbable. 
 
 We must now consider the Negro and Bantu peoples. 
 Our knowledge of their ethnographical connection and 
 historical development is scanty and uncertain ; we know 
 little beyond the fact of their mutual relations and 
 nothing of their nature and extent. We must receive 
 the reports of their communities with caution ; since 
 they are probably not in their primitive state, and since 
 we are unable to ascertain what forces were at work 
 in earlier times, it is impossible to draw any conclusion 
 from that which has ceased to exist. 
 
 Since we are not able to revert to the primitive con- 
 ditions, the hypothesis which has been hazarded with 
 respect to the original character of the female line of 
 descent is untenable, and even the internal probability 
 of this or that hypothesis must remain an open question. 
 
 The Negroes inhabit the western parts of the Gulf of 
 Guinea, and are surrounded by the Bantus on the east 
 and south. The latter people seems to have made its 
 way from the north into the territory held by the 
 Negroes, of whom scattered remnants may still be found 
 towards the north-east. All these tribes live by hus- 
 bandry and the rearing of cattle, and trade is everywhere 
 active. A special influence on these people must be 
 ascribed to the slave-hunts, which cannot be left out of 
 account in estimating the social conditions of Africa. 
 This influence is particularly injurious in the east, 
 because the Arabs who take up their abode on alien 
 territory diffuse unbridled lawlessness in that district. 
 The evil results of the slave-trade are not so apparent 
 in the west, where it does not take the same form of 
 devastating slave-hunts ; the foreign slave-dealers remain 
 upon the coast, and are not admitted into the interior. 
 
56 THE PKIMITIVE FAMILY. 
 
 The formation of groups has been particularly affected 
 by this scourge, since every bond of tender feeling is 
 ruptured by the love of gain, and we find accordingly 
 that the groups are usually dispersed, or cohere very 
 loosely together in the east. In the west they are much 
 more compact and more sharply defined. While it 
 is evident that we are presented in the east with the 
 mutilated remains of groups, there is much to indicate 
 that the formation of groups in the west is only arrested 
 in one accidental particular. It must be our first object 
 to obtain a clear idea of these groups. 
 
 The Negro communities and those of the Bantus are 
 in most respects constructed alike. Taking the village 
 as the starting-point, we find that it is usually governed 
 by a chief and a council of elders, or of the heads of the 
 most important groups of kinsfolk. Several such villages 
 are again subject to a chief, whose authority varies 
 according to circumstances. The original formation of the 
 groups seems to have been by kinship, but this peaceful 
 development has been interrupted by violence, and the 
 very different forces of war and conquest have been 
 brought to bear upon them. Swiftly arising, and as 
 swiftly declining, the continuance of a kingdom depends 
 upon the capacity of its ruler.^ Fortunately, some com- 
 munities are still in existence, of which the peaceful and 
 natural development has not been materially disturbed, 
 although the devastations of war have not been wholly 
 absent. I am here speaking of the Bechuanas ; the struc- 
 ture of their society, of which the lines are clear and 
 simple, bears no trace of devastating forces. 
 
 It is probable that this people came from the north- 
 east, and it now dwells on the borders of the Kalahari, 
 and near the Hottentots. The chief source of Bechuana 
 wealth consists in their great herds of cattle, and al- 
 though they bestow a little culture on their barren soil, 
 this labour is undertaken by the women. The people is to 
 ■ Livingstone, Narrative, p. 199. Appendix XVIIL 
 
AFBICA. 57 
 
 some extent a stranger in the land ; it has authority over 
 several subject tribes, and is itself dispersed into sections 
 living apart, one or other of which suddenly overspreads 
 a new district, either for the sake of stealing cattle or in 
 search of a new dwelling-place.^ The names of these 
 sections remind us of totemism, since they are called 
 after animals, such as the ape, alligator, or fish, and men 
 will neither kill nor eat the animal whose name they 
 bear. The word bina (to dance) is used to indicate their 
 dependence on a group ; " What do you dance ? " means, 
 " To what tribe do you belong ? " ^ It seems probable that 
 these sections were originally clans, and I suspect that 
 they were torn asunder as the people advanced into the 
 country, and each conquered for itself its own strip of 
 territory. Let us now consider the organization of such 
 a clan-like section. 
 
 Each tribe has its own king, who inhabits the largest 
 village, and is reverenced in proportion to his hereditary 
 dignity. The tribe generally consists of several villages, 
 each with its chief, whom other lesser chiefs obey.^ The 
 whole tribe may be regarded as a village, of which the 
 scattered villages constitute the different parts, although 
 the space which intervenes between them is sometimes 
 very wide. When the king has, with the consent of the 
 most important chiefs, selected a district, each chief, or 
 kosi (i.e. rich man) builds a house on his own portion, and 
 his kinsfolk, friends, and subjects build their houses roimd 
 it, sometimes so close together, that it is hardly possible to 
 pass between the dwelfings, but this is not the case as a 
 rule. In the same way the chiefs are sometimes separated 
 by wide tracts of open country, and sometimes not.* 
 Livingstone also tells us that they live ia a patriarchal 
 
 ' Livingstone, Miss. Trav., p. 186. Barchell, vol. ii, pp. 348, 545. 
 
 ' Livingstone, Misg. Trav., p. 13. Appendix XIX, See the narrative of 
 tlie dancing Quimbandes by Serpa Finto, voL i. p. 231, Inaugural Dance 
 of the Sioux and Australians. 
 
 ' AndersoD, Ngami, p. 454. 
 
 • Burchell, vol. ii. pp. 513, 514. 
 7 
 
58 THE PEIMITIVE FAMILY. 
 
 way, and that each man is master of his children in virtue 
 of his fatherhood. The children build their houses round 
 that of their father, whose importance is increased by 
 their number, so that children are regarded as a blessing, 
 and are as a rule kindly treated. Near the centre of each 
 circle of houses there is a raised platform with a hearth- 
 place, called Icotla ; here they work, and eat, and talk over 
 the events of the day. The poor man builds his hut 
 close to the kotla of the rich, and is regarded as his child. 
 The under-chief has several such circles round his own, 
 and all these kotlas, with the king's large one in the 
 centre, form the village or tribe. The circle of huts next 
 to the king's kotla consists of the huts of his wives and 
 kinsfolk. We must add, in conclusion, that the king 
 endeavours to win over the subordinate chiefs, either by 
 taking their daughters to wife or by inducing his brothers 
 to do so.^ 
 
 The kotla is the hearth-place of the Bechuanas, and, 
 more than this, it is a sacred spot, as the hearth was to 
 the Romans. It is the burial place of the chief, and 
 cattle are driven over the grave until the ground is 
 again level ; the common man is, however, buried outside 
 the village, or the corpse is thrown upon the hill-side, 
 to be devoured by wild animals. No one may enter 
 the kotla with his shoes on.^ Some tribes, when they 
 migrate elsewhere, are said to erect a cairn of stones upon 
 the spot. It should also be observed that the bond which 
 unites the real and the adopted children of a patriarch 
 is not indissoluble, but rather displays tokens of its 
 voluntary character; families often forsake their own 
 chief and betake themselves to another village, and some- 
 times the whole village goes off in the night, leaving the 
 chief alone.^ 
 
 ' liivingstonej Miss. Trav., p. 15. 
 
 ' Burchell, vol. ii. p. 522. Livingstone, Miss. Trav., pp. 90, 314. Le 
 Vaillant, Voyage, vol. ii. p. 216. 
 ' Livingstone, Narrative, p. 292. 
 
AFEICA. 59 
 
 The partition of the tribe into patriarchal families is 
 not restricted to certain given points, but extends through 
 all parts of the tribe. The process of partition is carried 
 on by an instructive combination of agnatistic and uterine 
 kinship. A man has as a rule several wives, and no dis- 
 tinction can be observed among them, except that the first- 
 comer, or the woman of highest rank, has the upper hand 
 when they are unable to agree ; a quarrelsome wife has 
 a hut apart.^ Nor is any distinction made between the 
 children, except that the eldest son, or the eldest son of 
 the woman of highest rank, inherits his father's position.^ 
 Even in the lifetime of a chief his subjects and herds of 
 cattle are subdivided in proportion to the number of his 
 wives, and each division of cattle has its distinguishing 
 mark. After the father's death, the sons of a chief's 
 wife inherit that portion of the subjects and cattle which 
 was set apart in this way, and the mother takes an equal 
 share.* These are probably the divisions of which 
 Livingstone and Le Vaillant speak as the "Sun," the 
 « Ruler," etc.* 
 
 The organization is as folio ws : the tribe is a system 
 divided into greater and lesser circles, and each circle is 
 defined by agnation, so far as it forms an independent 
 whole ; its position within the larger circle depends, how- 
 
 ' Alberti, p. 107. Livingstone, Miss. Trav., p. 185. 
 
 ' Alberti, p. 131. Livingstone, Miss. Trav., p. 185. Le Vaillant, 
 Voyage, vol. ii. p. 215. Burohell, vol. ii. pp. 49i, 553. 
 
 ' Alberti, p. 188. Le Vaillant, vol. ii. p. 216. 
 
 * " Boguera is a civil rather than a religious rite. All the boys of an 
 age between ten and fourteen or fifteen are selected to be the companions 
 for life of one of the sons of the chief. . . . These bands or regiments 
 (mepato} receive particular appellations ; as the Matsatsi, the suns ; the 
 Mabusa, the rulers ; equivalent to our Coldstreams or Enniskillens ; and 
 though living in different parts of the town, they turn out at the call, and 
 act under the chiefs son as their commander " (Livingstone, Miss. Trav., 
 p. 147). " Die Jiinglinge, welche mit einem der Sohne eines Oberhauptes 
 gleichzeitig besohnitten werden, gshoren zu dessen kiinftiger Horde" 
 (Alberti, p. 138). Anderson writes (Ngami, p. 446) ," Children born of 
 parents previously to their having been operated upon, cannot inherit 
 regal power," 
 
60 THE PRIMITIVE FAMILY. 
 
 ever, on the female line of descent. We shall find that 
 this type recurs in all the Negro and Bantu tribes, but 
 often in such a mutilated form that it is difficult to 
 identify it. 
 
 Among both peoples the village is the political unit. 
 Each village is constructed on the same pattern. There 
 is a large building for the council in the centre, called 
 the palaver house, and an open square ; as a rule, each 
 family has as many huts, or as many sites for huts as 
 the master of the household has wives ; in many districts 
 the family circle, as well as the whole village, is sur- 
 rounded by a paling. Each village is subject to a chief 
 who is more or less powerful, and who has obtained his 
 office in many diflFerent ways.'' 
 
 In some places the head of the vUlage is appointed 
 by the king, who generally chooses his brother, sister, or 
 friend for such a post. After his death, disputes are apt 
 to arise between his son and heir and these village head- 
 men; the state falls into anarchy or is controlled by 
 violence, and in the latter case the head-men give way 
 in favour of the brothers and faithful friends of the new 
 king. This state of things increases the authority of the 
 king, and it shows that his will must prevail, although 
 as a rule he maintains a good understanding with the 
 village head-men. In the village itself the authority of 
 the head-men is as absolute as that of the king in the 
 tribe. But if in this way frequent internal disputes 
 have given an air of conquering power to the kingship, 
 yet the foundation of the kingly authority seems to rest 
 on other ideas. 
 
 Magyar writes with reference to Kimbunda: "that 
 
 the land is divided into several so-called soveta (circles), 
 
 each ruled by a lesser chief, who is, however, in every 
 
 ' Du Chaillu, Journey, pp. 254, 259 ; UeUe, vol. i. p. 76. Cuhn, vol. 1. 
 p. 88. Palmer, p. 63. Degrandpre. vol. i. pp. 63, 102. BasSan, p. 72. 
 Caillle, vol. i. pp. 36, 333, 439, 445. Bosman, p. 203. Barth, vol. iii. 
 p 158. Cameron, voL ii. p. 56. Yogel, Petermann's MiUheilmuien, 1857, 
 p. 138. 
 
AFRICA. 61 
 
 respect subordinate to the Soba, or prince. These vassal 
 chiefs of the soveta are partly offshoots from the princely 
 family, both of the male and female sex, partly elected 
 by a majority of votes, over which, however, the influence 
 of the prince is predominant. In the first case they bear 
 the title of Sovan-erombe, and the dignity devolves upon 
 their posterity ; in the latter case they are called Erombe- 
 an-Sekulu, and the dignity is elective. . . . The inhabi- 
 tants of the circles in question are subject to the vassal 
 chiefs. There is also a class called Muk-an-djamba (sons 
 of the elephant), consisting of the prince's soldiers and 
 servants, who are enrolled in five hundred libata and are 
 about forty thousand in number ; these are only subject 
 to the prince." ^ It is easy to see that a military cha- 
 racter is impressed upon the prince's rule by this horde of 
 soldiers ; yet this is not the basis of his power, but only 
 a modification of it, as it appears from the general cha- 
 racter of the community in other respects. From its 
 highest to its lowest grades, the community is seen to 
 consist of larger or smaller patriarchal family circles. 
 Each is absolute master of his own household, and the 
 internal affairs of the family are regulated by its head.^ 
 The dwelling-place of each chief is called libata, from the 
 dwelling of the head of a family to the princely residence.^ 
 The Sova is, as among the Bechuanas, buried in the 
 enclosed space round the huts, or in some cases on the 
 highway.* The Sova appears to be the religious centre 
 of his tribe ; each family, and sometimes each person, has 
 its peculiar and favourite fetish ; the lion, panther, hyena, 
 snake, and crocodile -are also reverenced, reminding us 
 again of the Bechuanas.* Yet the only real religion 
 which they appear to possess consists in sacrifices to 
 
 ' Magyar, p. 242. Serpa Pinto, vol. i. p. 167. The soldiers serve for 
 booty (p. 279), with the king's sons for leaders (p. 316), and these plunder 
 their subjects. 
 
 ^ llagyar, pp. 277, 281. ' Ibid., p. 80. Appendix XIII. 
 
 * Serpa Pinto, vol. i. p. 170. Magyar, pp. 271, 337. 
 
 5 Magyar, pp. 241, 335-337. 
 
62 THE PEIMITIVB FAMILY. 
 
 their departed forefathers, and the richest offerings are 
 made to the deceased Sova.^ From this point of view it 
 is perhaps significant that some tribes, such as the Bih4 
 take the name of a real or supposed ancestor.^ 
 
 So far as our imperfect knowledge goes, we meet 
 with the same features everywhere.* In Njangwe, Rus- 
 suna's dwelling serves as the centre of the clan, and 
 almost forms a village in itself* Each Warua village 
 has its peculiar fetish, but for the most part they rever- 
 ence " Kungwe a Banza," an idol which ranks as the 
 ancestor of Kasongo's princely family.^ In Kanjenje, 
 only the chief is buried, and all other corpses are 
 thrown into the bush.* The Shilluk invoke a hero as the 
 original leader and father of their tribe, and they believe 
 that the dead are invisibly present with the living.'' 
 The Bongo and Bari carve small wooden images of the 
 dead.* Tattoo-marks serve to distinguish most of the 
 tribes and families.^ We need only mention one other 
 feature, that there is the same change of lesser chiefs on 
 the Zambesi which has been described in the case of the 
 Bechuanas, and that we can trace a mixture of the male 
 and female lines of descent, since the Urungu bear their 
 mother's name, or assume that of their father after his 
 death.i" 
 
 ' Magyar, pp. 21, 271. Serpa Pinto, vol. i. pp. 168, 170. 
 
 ' Magyar, p. 227. Appendix X. 
 
 ' Schweinfurth, vol. i. pp. 94, 284, 484 ; vol. ii. p. 24. Cameron, vol. i. 
 p. 244 ; vol. ii. pp. 19, 68. Livingstone, Narrative, p. 108 ; Miss. Trav., 
 p. 268. Bari, Mittheilungen der k, Geographieche GeseUschaft (Wien, 
 1876), Neuo Polge, vol. ix. p. 298. 
 
 * Cameron, vol. ii. p. 19. 
 
 ' Ibid., vol. ii. p. 71. " Banza " has the same meaning as " libata." 
 Degrandpre, vol. i. p. 67. Cuhn, vol. i. p. 37. 
 
 ' Cameron, vol. ii. p. 71. 
 
 ' IHd., vol. i. p. 120. Bari, Baker, vol. i. p. 89. Mittheilungen der h. 
 GeograpMsche GeseUschaft, p. 296. 
 
 " Schweinfurth, vol. i. p. 98. 
 
 » Ibid., vol. i. pp. 63, 326. Livingstone, Last Journals, vol. i. p 49 ■ 
 Narrative, pp. 376, 524. Waitz, vol. ii. p. 25. Latham, vol. ii. p. 163. ' 
 
 "• Livingstone, Last Journals, vol. i. p. 223. 
 
AFRICA. 63 
 
 The wife takes an important place among all the 
 peoples of whom we have now spoken, but in some ex- 
 ceptional cases descent is reckoned on the father's side. 
 The female line is observed among the Damaras or Her- 
 rero, neighbours to the Bechuanas. The tribe is divided 
 into castes or eandas, such as the Ovakueyuba (the people 
 of the sun), Ovakuenombura (the people of the rain), etc., 
 and each of them observespeculiar ceremonies and supersti- 
 tions. Thesecastesderive their descentthroughthe mother, 
 not through the father.^ But the female line only applies 
 to the castes, since we are told that the favourite wife 
 takes precedence of the others, and that her son inherits 
 the rank and property of his father.^ The wives them- 
 selves fall to the man's brother, not to his sons.* We 
 may add that in Bih6 the king's sister's son appears to 
 be his heir, which is also the case among the Banyai of 
 the middle Zambesi.* With these exceptions, the child's 
 position depends upon its father. But the female line is 
 generally observed among the Negroes and the peoples 
 of West Africa. 
 
 I suggest the following explanation of this fact. The 
 Bechuana wives take, on the whole, an important posi- 
 tion ; the bond between parents and children is so strong 
 that a man cannot marry without the consent of his 
 parents, and even after he becomes a grandfather he can 
 transact no business without their consent, at any rate 
 without that of his father. The mother of the chief is 
 present at councils, and he can hardly decide anything 
 without her consent. A married man cannot dispose of 
 
 • Anderson, Ngami, p. 22. ' Ibid., pp. 225, 228. » Ibid., p. 176. 
 
 ' Magyar, p. 241. (At p. 284 the sons are said to be heirs, together 
 with the female slave.) Seipa Pinto gives as heir the brother, and the 
 eldest son of the eldest brother, (vol. i. p. 259. Livingstone, Miss. 
 Trav., p. 617). He says of the Balonda on the Upper Zambesi (p. 309), 
 " All the Makalaka children cleave to the mother in cases of separation, 
 or removal from one part of the country to another." Bachofen is not 
 justi6ed in ffie use he makes of this passage in Mutterrecht, p. 106. 
 Among the Bangala on the Kongo, the uncle is bound to purchase his 
 sister's son (^Miss. Trav., p. 434. Magyar, p. 284). 
 
64 THE PKIMITIVE FAMILY. 
 
 the property they hold in common unless his -wife agrees 
 to it, and on this point her husband often complies with 
 her wishes. This remark applies to several of the Bantu 
 peoples.* We are unable to draw from these facts such 
 wide conclusions as those which Bachofen, followed by 
 Giraud-Teulon, endeavours to draw from them, declaring 
 that the important position occupied by women can only 
 be explained by the female line of descent.^ Such hypo- 
 theses are altogether groundless and visionary, and they 
 are unworthy of the attention which has hitherto been 
 given to them. 
 
 It is only possible to trace the half-mystical, half-real 
 validity of the important position assigned to women, if 
 we think it probable that they should exert a natural 
 influence. We are not justified in assuming that the 
 savage feels a contempt for woman in virtue of her sex ; 
 owing to her weakness, she has much to endure from the 
 brutal passions of man, yet many ways of exerting in- 
 fluence are open to her. Owing to her lively fancy and 
 more passionate feeling, it becomes her part to transmit 
 to others the leading ideas of the primitive community ; 
 she begins by being what the bard afterwards became; 
 she retains a faithful remembrance of traditions, and she 
 stimulates the sluggish when they are slow to admit the 
 claims of a bloody revenge. Hence women become the 
 medium through which one clan asserts itself against 
 another, and we have already observed many instances 
 of the way in which unlimited power is placed in their 
 hands. Besides, it is incumbent on Bachofen and Giraud- 
 Teulon to show in what way the assertion that the wife 
 enjoys greater privileges than the husband can be proved ; 
 
 ' Albert!, pp. 89, 92, 93. Livingstone, Narrative, p. 108 ; MisB. Trav., 
 p. 622. Schweinfurth, vol. ii. p. 96. 
 
 2 Bachofen, Mutterrecht, passim. Giraud-Tenlon, Leg Origines, p. 215 : 
 "C'est k. la constitution de la famille par les femmes qu'il convieiit sans 
 doute d'asaigner Torigine des prerogatives e'tranges et s'uperstitieusea 
 accordees a la femme dans le monde barbare, et eu partioulier ^ la eoeur 
 cbez les Afrioains." 
 
AFEICA. 65 
 
 all that has been said only shows that women in some 
 in^ances enjoy privileges which are always enjoyed by 
 men. If a woman is found to be the head of a tribe,* 
 these writers take it as a sign that a special sphere 
 of ideas prevails, yet calmer consideration will show 
 that it is merely an accidental and peculiar consequence 
 of the usual conceptions. No community has been dis- 
 covered in which women alone may bear rule. The 
 female chief is either the sister or mother of the chief of 
 the whole tribe, and exerts her authority in hia name 
 within a limited sphere; or she is the daughter and 
 heiress of such a chief, who has left no sons. Wealth 
 and uncommon intellectual power may also raise a woman 
 to the dignity of a lesser chief. 
 
 Giraud-Teulon lays much stress on the sisters or 
 aunts who enjoy the privilege of dethroning the king 
 who is their brother or nephew, but his authorities for 
 this statement are very weak. He tells us that a chief 
 called Mazonda was dethroned by his sister Mata Yafa 
 on account of his cruelty.^ The story is taken from 
 Cameron's book, which does not say that the sister 
 was called Mata Yafa, but that this was " the title of 
 the chief" ^ The narrative states that Mata Yafa had, 
 by way of pastime, cut a pregnant woman to pieces; 
 this enraged his sister, who was also his head wife, since 
 she feared a like fate for herself. She won over a party 
 to her side, and sought to surprise and kill the king. 
 He, however, made his escape, and she then proclaimed 
 another brother to be king.* No one-who has not already 
 made up his mind on the subject can see any proof of a 
 sister's rule in this story. The references to the influence 
 
 ' Sohweinfurtli, toI. i. pp. 140-143 ; vol. ii. p. 64. Livingstone, Miss. 
 Trav., pp. 179, 268, 273, 461, 502, 556 ; Narratiee, pp. 108, 395 ; Last 
 Journals, Tol. i. pp. 82, 97. Cameron, vol. i. pp. 56, 178 ; vol. iL pp. 56, 61. 
 Magyar, pp. 242, 245. Andersson, p. 199. Bosnian, p. 71. 
 
 ^ Giraud-Teulon, p. 218. ' Cameron, vol. ii. p. 58. 
 
 • Ibid., vol. ii. p. 149. Appendix XX. I have no means of checking 
 Giraud-Teulon's narrative of Mek-Nassr (Les Origines, p. 217). 
 
66 THE PEIMITIVE FABULY. 
 
 exerted by the mother in councils are equally unsatis- 
 factory. The Bechuana practice cited above shows us 
 that this may be due to the property which they hold in 
 common, and cannot, without special reasons, be referred 
 to mystical and religious ideas. The partition of property 
 which we have described enables the wife to be very 
 independent of her husband, and with regard to the 
 children she acts as the representative of their claims 
 upon their father. Similar conditions are found in 
 America, although we did not cite them.^ 
 / It is the woman's position with respect to property 
 which enables her to assert her equality with her hus- 
 band, and which finally, among the Negroes and Bantus 
 in West Africa, makes the child's descent dependent on 
 its mother, thus establishing the predominance of the 
 female line. We have no reason to doubt that the con- 
 ditions of the Damaras, with respect to the classes derived 
 from the female line, are similar to those of the Bechu- 
 anas. We have also sufficient evidence of the source of 
 the female line of descent in Bih6 and among the Banyai. 
 A young man of the latter tribe must either buy his 
 wife or live with her in her home, and in the latter 
 case, if a divorce takes place, the children belong to their 
 mother's family. If the wife belongs to another village, 
 the husband nearly always goes thither, and is treated 
 by her family partly as a kinsman, partly as a servant.^ 
 It is more easy to understand marriage into a strange 
 village, since we must remember that the Bechuana 
 village ranks as a family. 
 
 The significance of the way in which the wife's family 
 retains its hold upon her is most apparent in the case of 
 the Kimbundas. The Africans, in common with many 
 
 ' We have already Baid that the children and property fall to the 
 Payaguan mother after a divorce. Among the Tehuelche, the father 
 points out which of his horses are to become the property of his new-born 
 son, nor can he afterwards dispose of them otherwise. 
 
 2 Livingstone, Miss. Trav., p. 622 ; Narrative, p. 28.5. Appendix XXI. 
 Corap. Ploss on the Marolong, Daa Weib, p. 509. 
 
AFEICA. 67 
 
 other primitive peoples, believe that there is no such thing ' 
 as a natural death, but that it is caused by magic. It is 
 the most important office of the tribal magician to trace 
 out the criminal. On the death of a wife, her kinsfolk 
 endeavour to induce the magician to fasten the guilt on 
 her husband, since this will oblige him to pay to them 
 a large sum as damages.^ The dread of such an event 
 induces him to treat his wife with a respect which is in 
 proportion to the power of her kinsfolk, and her insubor- 
 dination usually increases in the same degree.^ Jlence 
 it follows that the wife owns her own hut, her field, and 
 poultry, and that she is bound to provide for her hus- 
 band's necessities ; it is only the man's duty to give his 
 wife a new garment at every new moon.^ Under such 
 circumstances the man is unable to rule his wife, and 
 submits to the domination of her whole family. It is 
 noteworthy that he has unlimited power over such of 
 his children as have a slave mother.* Notwithstanding 
 the wife's independence, the ground-idea is maintained 
 that she is the property of her husband, and this makes 
 her position so obsciire and dubious that it is difficult 
 for her to rise from it.^ 
 
 The conditions just described occur over a wide 
 range, and where they are most fully accepted, as with 
 the Negroes and the western Bantus, we find that the 
 female line of descent prevails. The wives are, indeed, 
 usually inherited, together with other property, but there 
 is no community of goods between them and the husband. 
 We are told that the Loango princesses seek to marry 
 rich men, whom they ruin as soon as possible and then 
 discard, and this is also said to have occurred in ancient 
 Egypt. In Egypt, as is now the case with the Beni- 
 Amer, daughters had to maintain their parents.® Du 
 
 > Magyar, p. 286. ' Ibid., p. 236. = lUd., p. 282. Bosman, p. 205. 
 
 * Magyar, p. 284. » Ibid., p. 281. 
 
 " Klemro, GuUurgesoMchte, vol. iii. p. 282. Bosman, p. 363. Du Chaillu, 
 Journey, p. 427. Degrandpre, vol. i. p. 181. Munzinger, p. 337. Giraud- 
 Tevdon, p. 246. 
 
68 THE PEIMITIVE FAMILY. 
 
 Chaillu says much of the independence of the wives, 
 and he asserts that when the father-in-law is dissatis- 
 fied with the husband, he often reclaims his_ daughter.^ 
 The influence of the family clearly appears in the rule 
 that a man may buy his wives, but not those who are 
 daughters of a prince, or even those of his own equals.* 
 We find everywhere the fetish- worship which we have 
 already described, but in connection with the tribe, not 
 with the village ; this change is the result of the trans- 
 formed character of the village, which we shall presently 
 consider more closely. In many villages the newly-born 
 child is dedicated to a special fetish, a custom which 
 gives a religious character to kinship, since we cannot 
 doubt that it has to do with the worship of ancestors.^ 
 Du Chaillu states that the skulls of ancestors are pre- 
 served in a hut set apart for them, and that the dried 
 powder of their brains, mixed with food, softens the 
 heart of the eater.* The head of each tribe possesses an 
 idol, which is worshipped by its members.^ The nature 
 of these tribes is somewhat obscure, and we shall pre- 
 sently give our opinion on the subject; the child belongs 
 to them on one side only, and in this case the female line 
 of descent generally predominates.^ 
 
 Du Chaillu says that in Ashango, the brothers of the 
 dead man successively inherit his property and rank. If 
 no brother survives, the eldest son of the eldest sister is 
 the heir. It is only in the Bakalai tribe that the son 
 is his father's heir.'' In Loango, and in many districts 
 on the Congo, the same rule prevails.* According to 
 Bosnian, Accra is the only place on the coast of Guinea 
 
 ' Du Chaillu, Journey, pp. 171, 197. 
 
 • Degiandpre, vol. i. pp. 101, 102. 
 ' Baatian, p. 77. Bosman, p. 129. 
 
 * Du Chaillu, Journey, p. 199. » Ihid., pp. 146, 362. 
 
 « With respect to families and family names, see Klemm, CuUurge 
 tcMohte, vol. iii. pp. 288, 339. Isert, p. 180. li"orbeB, Bahomev, vol. 11. 
 p. 73. Winterbottom, p. 170. 
 
 ' Du Chaillu, Journey, p. 429. 
 
 ' Degrandpr^ vol. i. p. 109. Bastion, p. 71. 
 
AFEICA. 69 
 
 where children inherit their fathers' goods; yet even 
 when the female line of descent is observed, the father's 
 rank, shield, and sword devolve upon the eldest son.^ 
 Bosnian's statements require, however, some explanation. 
 He says, " The children of the brothers or sisters are the 
 true heirs : the eldest boy of the family inherits from his 
 mother's brother, or from his son (?), if he has one, and 
 the eldest girl inherits from her mother's sister, or from 
 her daughter, if she has one. No account is taken of 
 kinsfolk on the father's side, whether father, brother, 
 or sister, and nothing can be inherited from them."^ 
 CaiUie states that in the tribes of Eio Nunez, the sister's 
 son inherits the dignity of chief.® 
 
 Travellers usually trace the source of the female line 
 of descent to the husband's want of confidence in his 
 wife's chastity, but proofs of this assertion are wanting. 
 The mode of inheritance described by Bosman certainly 
 cannot be explained in this way, since dignity could not 
 devolve upon the son if his exclusion from the property 
 were justified by doubt as to his blood relationship. The 
 simple explanation of the female line of descent is found 
 in the Beehuana custom of distinguishing the different 
 circles of the patriarchal families through the mothers,* 
 and if we are able to show how the organization of dis- 
 trict communities arose out of those of Bechuanaland, 
 there can be no doubt that this opinion is just. 
 
 Du Chaillu gives the following detailed description 
 of a West African community : " Tribes bearing difierent 
 names considering themselves different nations, though 
 speaking the same language. . . . These tribes were 
 divided into a great number of clans, each clan indepen- 
 
 • Althougli in Accra property is inherited in the male lino, the female 
 line is recognized by giving the mother's name to the child. 
 
 2 Bosman, p. 206. 
 
 » CaiUie', vol. i. p. 127. See Waitz, vol. ii. pp. 123, 131. Klemm, 
 CulturgescMchte, vol. iii. pp. 287, 2S8, 338. 
 
 * Winterbottom stands alone in his assertion that the female line is to 
 be explained by polygamy. 
 
 8 
 
70 THE PEIMITIVE FAMILY. 
 
 dent of the others, and often at war with one or other of 
 them. . . . The patriarchal form of government was the 
 only one known ; each village had its chief, and further 
 in the interior the villages seemed to be governed by 
 elders, each elder, with his people, having a separate 
 portion of the village to themselves. There was in each 
 clan the ifoumou, foumou, or acknowledged head of the 
 clan (ifouTnou meaning the ' source,' the ' father '). 
 
 " I have never been able to obtain from the natives a 
 knowledge concerning the splitting of their tribes into 
 clans : they seemed not to know how it happened, but 
 the formation of new clans does not take place now 
 among them. 
 
 " Kings never obtain power over large tracts of coun- 
 try, as we see in Eastern Africa ; the house of a chief or 
 elder is not better than those of his neighbours. 
 
 " The despotic form of government is unknown ; no 
 one can be put to death at the will of the chief, and a 
 council of elders is necessary before one is put to death. 
 . . . Very few cases occur in which the father of the 
 family is made to drink the mboundou, for he may 
 compel any of his people to drink it. Every one is 
 under the protection of some one. If, by death, a negro 
 is suddenly left alone, he runs great risk of being sold 
 into slavery. Pretexts for such a deed are not found 
 wanting. Every one must have an elder to speak his 
 palavers for him. . . . Any free man, by a singular custom, 
 called bola bonda, which consists in placing the hands 
 on the head of an elder, can place himself under the 
 protection of the patriarch who is thus chosen, and 
 henceforward becomes one of his people. Of course, the 
 man under whose protection another places himself 
 belongs to a diflFerent clan. 
 
 _ " Tribes and clans intermarry with each other, and 
 this brings about a friendly feeling among the people. 
 People of the same clan cannot marry with each other. 
 The least consanguinity is considered an abomination. 
 
AFEICA. 71 
 
 . . . Slaves always belong to a different tribe from that 
 of their owner." ^ 
 
 It is plain that we here have to do with a mixed 
 tribal and clan government, owing to the fact that each 
 clan obeys its chief, and that one clan is constantly 
 striving for the superiority over another." On account 
 of the frequent disputes, of the continual advance 
 towards the coast, and of the diffusion of trade, it often 
 happens that single clans separate from the rest, and 
 also that one clan becomes dispersed into several villages, 
 divided from each other by the villages of other clans. 
 The connection between the fragments of the clan which 
 is still maintained, shows that the separation is not of 
 very ancient date.* We have reason to believe that 
 the clans which obey a common chief were originally 
 members of one large family group. Du ChaiUu found 
 that the heir changed his name on his accession to a 
 higher dignity. Quengueza was king of Rembo, of the 
 Commi tribe ; he was subsequently called Oganda, after 
 which no one dared to call him Quengueza. The head 
 of the clan Aboga, in the Commi tribe, bears the name 
 Oganda, the next brother that of Quengueza ; the next is 
 Kombe-Niavi, a name formerly given to the present 
 Oganda.* This is apparently the same arrangement as 
 that described by Bastian in Loango. The five princes 
 who have a claim to the crown inhabit remote villages, 
 and are not permitted to enter the capital. The first 
 
 • Du ChaiUu, Journey, p. 424. 
 
 ' Degrandpre (vol. i. pp 107, 189) gives the following instance of the 
 power of tiie villages. Princes — that is, men whose mothers were of the 
 blood royal — had the right of selling men at pleasure. But " Les droits 
 des princes-nes cessent dans les limites de ces bourgades ; Us ne peuvent 
 les exercer sur leurs habitans, que dans la campagne ou ils trouvent des 
 pretextes pour les attii-er lorsqu'ils veulent attenter k leur liberie; mais 
 ils ne le peuvent dans le village mgme, oU nul autre officier que le gouver- 
 neur n'a le droit de venir commander." 
 
 ' Du Chaillu, Journey, pp. 16, 82, 233, 430. 
 
 * Und., pp. 19, 429 : " On my second journey, Obindji, the Bakalai 
 chief, was called Katenou, having taken the name of his father." 
 
72 THE PBIMITIVE FAMILY. 
 
 was called Mani-Kay, the second Mani-Bokke, the third 
 Mani-Galloga, the fourth Mani-Kat, the fifth Mani- 
 Ingarni. As soon as Mani-Kay succeeded the dead king, 
 his name devolved on Mani-Bokke, and so on in succes- 
 sion down to Mani-Ingami, for whom a n3w name was 
 chosen.^ 
 
 It is easy to show that the Bechuana community 
 may under certain conditions be transformed into a com- 
 munity of the nature we have just described. Each of 
 the Bechuana circles, both larger and smaller, is divided 
 in accordance with the wives of the chief ; the marks by 
 which each division is distinguished have at first a 
 natural tendency to change into clan-marks, and 
 secondly, when no definite system of marks is in use, the 
 mark already employed by the wife's family naturally 
 presents itself as the sign of that portion which belongs 
 to her. Supposing that two sisters are married into 
 difierent families, their family circle falls into subdivi- 
 sions, bearing the same name, and when, on the death of 
 their husbands, the bond is broken which kept the circle 
 together, those which bear the same name will have a 
 tendency to reunite, so long as a nomadic mode of life 
 keeps distinct social elements in motion.^ As soon as 
 this mobility diminishes, in consequence of the rising 
 importance of agriculture and the consequent contrac- 
 tion of the territory necessary for the support of the 
 tribe, each of the larger circles splits into a number of 
 clans, which may be of the same race from circle to 
 circle, and thus we have the villages described in West 
 Africa. 
 
 It is a Bechuana custom for the king to try to unite 
 the under-chiefs more closely to himself by intermarriage ; 
 either by marrying their daughters, or by giving his 
 sisters or father's widows to them as wives. If the 
 
 ' Baatian, p. 58. 
 
 ^ Livingstone, Narraiive, p. 311 : " In travelling, those belonging to 
 one tribe (that is, clan) always keep by themselves, and help one another." 
 
AFEICA. 73 
 
 share of the king's property and dominion which each 
 son is to inherit comes to him through the mother, the 
 king's son inherits the fourth share of his mother's 
 brother ; other shares may perhaps come to him, but this 
 is his in any case. The uncle may have sons of his own, 
 and may divide his property among them in the usual 
 way, but each son can only receive a part of his father's 
 territory, and the whole finally devolves upon the sister's 
 son. In this way he begins to appear as the true heir 
 in all circles below that of the king. The king's son 
 remains the heir, but he must be the eldest son of the 
 chief wife ; and so much weight is given to the mother 
 by this qualification, that in the long-run the kingship 
 is also subject to the female line of descent. A woman 
 may obtain access to the highest command in more than 
 one way. It may either occur through the custom, so 
 widely difiFused in Africa, of the king's marriage to his own 
 sister, or there may be some doubt about the hereditary 
 character of the kingly office, and this tends to put for- 
 ward a family regarded as worthy to be elected ; a custom 
 found among almost all the peoples we have mentioned. 
 Men who assert and exercise the right of abandoning 
 their chief and choosing another, are always on the 
 verge of an elective kingship. The promotion of the 
 sister's son to this dignity more usually occurs, however, 
 when the brother of a deceased king is able to set aside 
 his son. The brother is always able to urge the claims of 
 seniority, which constitutes an important advantage in 
 the eyes of primitive men. Among the Bechuanas, 
 when a king dies, each son receives that portion of goods 
 and subjects which had been assigned to his mother, but 
 the supreme command is given to the eldest son. During 
 the father's lifetime the sons bear the names of their 
 respective mothers, but after his death the eldest son 
 assumes his name. In this way the name and rank 
 disappear together, and it becomes easy for the eldest 
 of the surviving brothers to seize for himself the name 
 
74 THE PEIMITIVB FAMILY. 
 
 and rank of his lately deceased brother, or rather, of 
 the father who died long before.^ 
 
 In this way the singular mode of succession to names 
 and dignities, which we described above, becomes intel- 
 ligible to us. While the brother takes possession of the 
 dead king's dwelUng in the central square, the sons 
 each inherit a portion of his wealth, and these portions 
 are originally smaller than their uncle's kotla, and tend 
 to grow less, since all the scattered elements of the com- 
 munity are attracted to the chief's kotla. In this way 
 the sons of the deceased king become weaker under the 
 uncle's rule, while, on the other hand, the sister's son is 
 in the ascendant, since his mother's dignity makes him 
 the most distinguished member of his father's circle. 
 Even when the wealth of the king's sons equals that of 
 the king's sister, yet after the death of all the father's 
 brothers they are often set aside, and thus become sink- 
 ing stars. Then the general tendency towards the female 
 line of descent makes it easy for the sister's son to inherit 
 the kingly power. 
 
 We have already said that in many instances the 
 female line of descent is observed with respect to the 
 inheritance of property without including the official 
 dignity ; the converse never occurs, except that the chil- 
 dren of a slave mother occasionally inherit from their 
 father. This is the necessary development from such a 
 state of things as exists among the Bechuanas ; first 
 the property, afterwards official rank, devolve upon the 
 female line. It is, on the other hand, impossible to 
 trace the course of development if the female line is held 
 to be the primitive line of descent in Africa. 
 
 When we attempt to classify the African peoples 
 with respect to their civilization, we should place the 
 Bushman and the Hottentot on the lowest plane, then 
 
 • Cameron, Vgogo, vol. i. p. 101 : " On the death of a chief, the son ia 
 Bupposed to look upon his father's eldest surviving brother as his new or 
 adopted father." 
 
AFEICA. 75 
 
 the other Bantu peoples, and give the highest place to the 
 Negroes. Such a classification compels us to seek for 
 the primitive conditions among the Bechuanas, not 
 among the Negroes. A hasty glance at the Bushmans 
 and Hottentots teaches us that their social order is alto- 
 gether primitive, since it is so extremely simple. The 
 Bechuana communities can also be easily explained from 
 the fact of their primitive condition. We see tribes or 
 hordes gather round the most conspicuous person as 
 their chief; and since this office depends upon personal 
 advantages, it is not hereditary, although the son in- 
 herits his father's property.^ The wife has a right to 
 the property she has gained for herself, and in the event 
 of a divorce, she retains the young children.^ A girl 
 who is marriageable, and not yet promised in marriage, 
 cannot, among the Bushmans, be married without her 
 own consent ; but girls are, for the most part, promised 
 to some member of the tribe from the time of their birth.^ 
 As soon as property increases in importance, and is less 
 equally distributed, the question with respect to the 
 sons' shai'e in the inheritance leads to testamentary be- 
 quests, such as we noted among the Bechuanas, and 
 the office of chief, which is combined with considerable 
 wealth, becomes hereditary. The relatively high posi- 
 tion of women may be assumed in this case. 
 
 A comparison between the primitive social life of 
 African peoples, as it is found among the Hottentots, and 
 that of the Brazilian tribes, shows that in both countries 
 the single family, with the father as ruler, must be taken 
 as the fundamental type of social development. Differ- 
 ences occur, however, in conformity with the differences 
 which affect the natural conditions of life; some differ- 
 ences also appear during the process of development and 
 
 ' Le Vaillaut, Voyage, vol. ii. p. 72 ; See. Voyage, vol. iii. pp. 10, 11. 
 BurohBll, vol. i. p. 373. 
 
 2 Burohell, vol. i. p. 373. Le Vaillaut, Voyage, vol. ii. p. 43. 
 ' Bnrcliell, vol. ii, p. 59. 
 
76 THE PEIMITIVE FAMILY. 
 
 in the motive forces. The American Indian possesses 
 nothing of value except his daughters, while in Africa 
 the movable property of cattle plays an important part. 
 In America, habit, the fear of their common enemy, the 
 name, dwelling, and tamanuus which they have in com- 
 mon, create the first groups within the tribe ; in Africa, 
 men are associated together by their property. In both 
 countries the formation of groups is due, not so much to 
 ideas of descent as to their local boundaries ; this prin- 
 ciple begins by assigning to the mother a separate hut, 
 pl&,ced within the father's kraal, and goes on to establish 
 clans living in distinct quarters of the village. Our im- 
 aginative power is associated with objects of sense, and 
 the thoughts of primitive men consist in imaginations; 
 only those things are combined in thought which he has 
 seen in local association, and at first that will appear to 
 him to be hostile of which he fails to see the local con- 
 nection. 
 
CHAPTER IV. 
 
 ASIA. 
 
 Malayan Gezin — Semando and Djndiir — Indian aborigines — Service and 
 migration of bridegroom — Kasias — Process of development — Pro- 
 miscuous intercourse of Nalrs— Nair development — Limboos and 
 Lepchas — Western Asia. 
 
 In China, and among the other Mongolian races, as well 
 as among the Finns, we find clans, or, at least, clan-like 
 groups of kinsfolk, who also possess the usual charac- 
 teristic of exogamy. In all cases individuals are distri- 
 buted into patriarchal families, and no direct traces of 
 the female line of descent exist. 
 
 The primitive conditions are maintained in their 
 greatest purity among the Malays of Sumatra, in the 
 kingdom of Menangkabao. This people is divided into 
 tribes (Laras) and subdivided into clans (Sukus). Each 
 village has a chief for every sukus it contains. Each 
 sukus is responsible for all the families of which it con- 
 sists, and each family (Gezin) is responsible for the debts 
 of its members, and the family holds and inherits pro- 
 perty in common. Each individual belongs to his mother's 
 gezin and sukus ; even after his marriage, a man cannot 
 form an independent gezin, but he, his brothers and 
 sisters, still belong to that of their mother. He works 
 for the gezin and is bound to provide for it ; he is not 
 bound in the same way to his wife, although he usually 
 assists her as far as he is able to do so. These conditions 
 
78 THE PRIMITIVE FAMILY. 
 
 now appear to be dying out; the male line of descent 
 and individual property are fast spreading under Euro- 
 pean influence and that of Islam, ^ 
 
 The form of marriage which enjoins each man to 
 remain in the house of his parents is only the extreme 
 form of that which is in use in Sumatra under the name 
 Semando. In such marriages the man and wife are on 
 an equal footing, and their respective rights are protected 
 by a contract between the relations of the two parties.^ 
 This form of marriage, however, is only common among the 
 poor ; * marriages are more commonly either Djudur — in 
 which case a man buys his wife as his absolute property — 
 or AT/ibelaTiaJc — in which the woman's family buys a hus- 
 band for her, who is thereby completely detached from his 
 own family ; his new family becomes responsible for the 
 debts he contracts after the wedding, and he lives with 
 them as something between a son of the house and a 
 slave.* Djudur involves the observance of the male, 
 Ambelanak of the female line, and the question as to 
 which was the original line of kinship among the Malays 
 resolves itself into the question whether the man origin- 
 ally took his wife to his own home or established himself 
 in her family. 
 
 It is certainly difficult to decide on the priority of 
 this or that custom. In order to make our argument as 
 conclusive as possible, we must also consider the primi- 
 
 ' Bachofen, Ant. Br., vol. i. p. 55. Waitz, vol. v. pp. 1, 141. Newbold, 
 vol. ii. p. 220. 
 
 2 Ibid., p. 226. ' Ibid., p. 300. 
 
 * Marsden, pp. 225-227, 236, 272. See Forbes, Meven Years in Ceylon, 
 vol. i. p. 333 : " In Cingalese marriages there is no cflmmunity of property 
 between the husband and wife ; and the two forms, called Beena and Deega 
 marriage, cause a great difference in the right of female inheritance. A 
 woman married in Beena lives in the house, or in the immediate neigh- 
 bourhood of her parents, so as to be able to cook for them, and render 
 them assistance in times of sickness or in old age ; if so married, she has a 
 right of inheritance along with her brothers. If married in Deega, that 
 is, to live in her husband's house and village, she loses her right of paternal 
 inheritance, and acquires new rights from the patrimony of her husband." 
 See also FormoBa, Lambert, vol. i. p. 32. 
 
ASIA. " 79 
 
 tive peoples of India. In the case of these peoples, I 
 have only observed two instances of the man establishing 
 himself in the wife's dwelling ; among the once-powerful 
 Koochs, and among the Kasias. "We shall presently con- 
 sider the Kasias more closely. We are told that a Kooch 
 woman owns the property, and it is inherited from mother 
 to daughter; the husband lives with his wife and her 
 mother, and is subject to both of them.^ Although this 
 migration of the husband rarely takes place, yet it is very 
 common for the bridegroom to live for a while in his 
 bride's house ;^ and the reason for this custom is that, 
 as in America, the husband buys his bride by working 
 for her kinsfolk. Knox tells us that in Ceylon, where 
 the houses consist of only one room, the children, as they 
 grow up, are accustomed to pass the night in a neigh- 
 bour's house, which they prefer to their own home, and 
 where perhaps they find a bedfellow. These neighbours 
 are not displeased that young people in the same rank 
 of life should make acquaintance with their daughters 
 in this way, since they know that it will be the means 
 of inducing the young men to help them in their work, 
 and in other matters.^ Among the Marianas, the wooer 
 who is unable to contribute to the support of his future 
 wife must become a servant to her family until he marries 
 her.* 
 
 We may be disposed to trace a connection between 
 customs which enjoin the bridegroom to earn his bride 
 by labour in her parents' house, and, again, to take up 
 his permanent abode with them. Yet it can be safely 
 asserted that no such connection exists, and that the 
 two customs spring from distinct ideas. Serving for 
 the bride is only a mode of purchasing a wife, while the 
 
 ' Journal of Asiat. Soe. of Bengal, 1849, vol. xviii. p. 707 ; Hodgson. 
 See Appendix XXII. 
 
 ' E.g. Kookies (Butler's Travels, p. 82. See Journal of Asiat. Sob. 
 of Bengal, 1855, vol. xxiv. ; Stewart), Meekins {Butler's Travels, p. 138), 
 anS Mishmeea (Cooper, Misli. Mills, p. 236). 
 
 = Knox, p 192. * Freyoinet, vol. ii. pt. i. p. 386. 
 
80 THE PKIMITIVE FAMILY. 
 
 migration of the husband is due to the great cohesive 
 power of the several families, which causes them to 
 refuse to part with any of their members. Since men 
 are more independent, they are also less stationary ; they 
 can no longer attract the women to themselves, and are 
 therefore attracted by them. It might be expected that 
 such a custom would gradually exert a destructive in- 
 fluence upon marriage whenever the husband gives up 
 the connection with his own family. We do not find 
 that in Sumatra the bond of marriage is easily broken 
 when the man remains in his mother's gezin, but the 
 tie appears to be a loose one among the Kasias whom we 
 have mentioned above. 
 
 The circumstances of this people have been altogether 
 misunderstood by Bachofen. He assumes that the bond 
 of marriage is so firm that the father's line of descent 
 must prevail amongst them, since the paternity is never 
 doubtful.^ Bachofen bases his opinion upon two quite 
 unimportant treatises, of which the first contains nothing 
 about marriage, and the second gives an obscure and 
 doubtful report that marriages are contracted in a very 
 regular way, that conjugal infidelity rarely if ever 
 occurs, but that bigamy is practised.^ Bachofen there- 
 fore concludes that they do not observe the female line 
 of descent, because no doubts are entertained with re- 
 spect to the paternity.^ We also believe that the female 
 line does not arise from doubt as to the paternity, but 
 we do not accept Bachofen's premisses, since competent 
 accounts by Yule and Fisher give a very difterent de- 
 scription of the Kasian marriages. 
 
 The licentious character of their marriages constitutes 
 the worst feature in the customs of this people ; it can, 
 indeed, scarcely be termed a marriage, since the connec- 
 
 • Bachofen, Ant. Br., vol. i. p. 213. 
 
 ' Asiat. Besearch, 1832, vol. xvii.p. 501 ; Walters. Journal of Soy. Geo. 
 Soc, 1832, vol. ii. p. 94 ; Murphy. 
 
 ' Journal of Asiat. Soe. of Bengal, 1840, vol. Ix. p. 834. 
 
ASIA. 81 
 
 tion is so frequently dissolved. The man does not take 
 his wife home, but lives in her house, or pays her occa- 
 sional visits ; he appears to be only accepted in order to 
 add to the number of the wife's family.^ The couples sepa- 
 rate so often and so readily that it sometimes seems as if 
 the woman had two lovers at the same time, so that it has 
 been believed that polyandry is practised among them.^ 
 
 Such a marriage resembles the pre-nuptial connections 
 described by Knox in Ceylon. The assertion has often 
 been made that there was no marriage among primitive 
 men, who were contented with such a temporary con- 
 nection, and the primitive character of the female line 
 of descent has been based upon this assertion. The case 
 of the Kasias is, however, not conclusive, since neither 
 the primitive character of their female line nor the 
 primitive character of their free sexual relations are 
 established facts. And we think it possible to show 
 that these customs, so far from being primitive were 
 introduced at a comparatively late period. 
 
 When it is asserted that a permanent tie of marriage 
 would be established with difficulty among primitive 
 men, it is in virtue of the maxim that social otganizations 
 only become permanent and enduring after a lapse of 
 time. In all places, however, in which man is found, 
 we find also that the family group, or clan, is highly 
 developed, and it seems to us that this organization 
 is much more cohesive than the individual family, 
 which is merely held together by the brute force of the 
 father. We believe that the earliest development must 
 be traced to the father's claim to some equivalent for 
 the loss of his daughter ; the next step in advance is the 
 attempt so secure for her a fair position with reference 
 to her husband, after the marriage has taken place; 
 and it is the father-in-law's intervention which finally 
 
 • Journal of Asiat. Soc. of Bengal, 1844, vol. xiii. p. 624 ; Yule. See 
 Appendix XXIII. 
 
 " Ibid., 1840, vol. Ix. p. 834 ; Fisher. 
 9 
 
82 THE PRIMITIVE FAMILY. 
 
 causes the woman to be the ruler of the household.^ 
 Conditions such as those of the Koochs or those in 
 Menangkabao gradually arise, and these again yield to 
 those of the Kasias. It is only in this way that a 
 natural progress can be traced, and that this is really 
 the fact, and no idle fancy, appears from the further 
 development which is found among the Nairs on the 
 coast of Malabar. If we regard the social conditions of 
 this people as in the first stage of development, they are 
 as difficult to understand as they become intelligible 
 when we accept them as the latest phase of the develop- 
 ment we have described. 
 
 ' Preyoinet writes as follows of the Marianas (vol. li. pt. 1. pp. 475, 
 477) : " Une fille, en se mariant, n'apportoit jamais de dot Ji son marl : 
 c'^tait & lui ou i, ses parens qu'il appartenait de pourvoir h, toutes les 
 uecesslte's de I'entree en manage ; ... Si la mort du p&re, sa fortune et ses 
 enfans passaient entre les mains de la veuve ; si, au contraire, c'etait la 
 femme qui mourait d'abord, les parens de celle-ci s'emparaient non seule- 
 ment des biens du mari, mais aussi des enfaus qu'elle lui avait donnas. . . . 
 La veuve que son mari laissait sans enfans conservait uou seulement 
 tous les biens de la communaute, mais avait droit en outre, h une espfeoe 
 de douaire, nomme fagahot (heritage) auquel toutes les pareutes du defunt 
 etaient tenues de contribuer; en I'acceptant elle eessoit de demeurer 
 allies h, la famille oil son mariage I'avait fait entrer, et lui devenait 
 entiferement etrangere." Laval gives a similar account of the Maldivians 
 (p. 113) : " Les femmes n'ont rien en mariage et ne portent rien ; o'est 
 aux maris qui les prennent de les accommoder de tout ce qui leur est 
 necessaire et de faire les fiais des nopces, selon leur qualite. Aussi ils leur 
 constituent un douaire qu'ils appellent Baae, nou pas seJon les biens et la 
 qualite du mary, mais selon la qualite de la femme et selon que ses meres 
 et ayeulles en ont eu, car elle ne pent avoir moins. ... La plus part des 
 femmes tiennent ce Kaas, pour I'honueur et I'anoiennetfi de leur maison, 
 paroe que la plus grande partie d'elles en quitte une partie ou le tout, si 
 bon leur semble, pen de jours aprfes qu'ils sent mariez. Si le mary meurt, 
 il est permis ^ elle de prendre son douaire sur ses biens, mais les h^ritiers 
 composent aveo elle, que si elle I'avoit quite durant la vie du defunt, elle 
 n'y pourroit plus rien demauder." In both instances the child takes the 
 rank of its mother : " C'etait ordinairement sur les femmes que s'etablissait 
 I'e'cbelle de la parents mariannaise " (Preycinet, p. 372). " Les femmes 
 nobles, quoique marie'es k des personnes de condition infdrieure et non 
 nobles, ne perdent pas leur rang ; mesmes les enfans qui en sont issus sont 
 nobles par le moyen de leur mJre, bien que leur pfere fust de vile condition. 
 Aussi les femmes de basso qualite mari&s k des nobles ne sont pas annobliea 
 par leurs maris, et elles retiennent leur premier rang, chacun demeure en 
 sa condition, et il n'y a point de confusion pour ce regard " (Laval, p. 151) 
 
ASIA. 83 
 
 The Nairs constitute the ruling caste on the Malabar 
 coast, and live as rajahs or warlike nobles. Like other 
 Indian peoples, the Nairs jealously maintain their purity 
 of caste, and their women are only allowed to marry 
 men of their own or of a higher caste. Incest is abhor- 
 rent to them ; all sexual relations are forbidden to 
 members of the same household, which generally includes 
 the whole family. But within these limits of the caste 
 and the family the greatest liberty in sexual relations 
 prevails. The family group — that is, the "joint family" 
 which is so common throughout India — includes many 
 allied families, which not only live together in large 
 common houses, but also possess everything in common. 
 There is a common tenure of land, over which the eldest 
 male member of the community presides, while the 
 mother, and after her death the elder sister, is in charge 
 of the household. If a brother separates from the rest 
 he is generally accompanied by his favourite sister, who 
 takes charge of his house. The movable property which 
 a man leaves behind him is divided among his sisters' 
 children. The men do not marry, but may frequent 
 other houses as suitors, without ceasing to live at home, 
 and without being in any degree detached from the 
 maternal family. As soon as a girl is marriageable, the 
 mother invites her kinsfolk and friends, and presents 
 herself with her daughter, arrayed in all her ornaments. 
 She asks whether any one is willing to marry the girl, 
 and if a suitor is found the wedding is solemnized with 
 great splendour. The chief ceremony consists in winding 
 a silken cord, to which a coin worth about two shillings 
 is attached, round the necks of both, and the bridegroom 
 then hangs the coin round the bride's throat. He is 
 thus entitled, if so disposed, and if he is not too nearly 
 related to the girl, to regard her as his wife for the 
 space of one day ; but thenceforward they see no more 
 of each other than if no such union had taken place. 
 He may have love passages in many houses ; she chooses 
 
84 THE PEIMITIVB FAMILY. 
 
 two, four, even as many as twelve husbands, on whom 
 she bestows her favours, and receives in return small 
 gifts for herself and her mother. Each lover remains 
 at her command for twenty-four hours, and he must 
 make himself useful to her during this period by fetch- 
 ing wood and the like, and he also enjoys the rights of 
 a husband. Both parties are free to break off the con- 
 nection without ceremony, and divorces are very frequent. 
 The paternity of every Nair is unknown.* 
 
 McLennan believes that these conditions represent 
 the first stage in the primitive life of man. We do not 
 now undertake to examine this author's theory, but we 
 are able to give our reasons for not regarding the Nair- 
 type as primitive. This people is in no respect one of 
 primitive culture, but has been developed in one direction 
 by very varied external conditions. It is therefore 
 probable that the singular customs we have described 
 are final rather than primitive. Their promiscuous inter- 
 course is not the primitive condition, maintained in some 
 strange fashion, nor has it produced the female line of 
 descent ; this line is more probably due to the extreme 
 concentration of the family group, and the fact that it 
 had prevailed so long probably paved the way for pro- 
 miscuous intercourse. 
 
 Our readers must have observed that the Nairs 
 solemnize weddings, although they do not recognize the 
 validity of marriage. It is impossible not to regard the 
 ceremony by which a girl is dedicated to what is, accord- 
 ing to our ideas, an unchaste life, as a wedding ceremony 
 which has been degraded into a mere formality. The 
 tying of the knot is found elsewhere as the symbol of 
 the marriage union, and the coin is the symbol of the 
 bridegroom's wedding gift. These symbols become quite 
 unintelligible if the dedication ceremony is placed on 
 the same plane as the festivities with which primitive 
 men celebrate the advent of puberty. Even Bachofen 
 • Buchanan, vol. ii. p. 412. See Bachofen, Ant. Br., vol. i. chs. xxviii-xxx. 
 
ASIA. 85 
 
 recognizes a symbolical marriage in the ceremony we 
 have described. We need not now consider the surpris- 
 ing assertion that the Nairs' marriage contract serves as 
 the preliminary condition of his claim to Sexual liberty; 
 this follows from the mythological theory, which we 
 shall discuss later on. 
 
 Among the northern Nairs, the women hold inter- 
 course with the men as their lovers, and are very faith- 
 ful to them, but they have nothing to do with the 
 household management as long as the man's mother is 
 alive. He may, if he chooses, send the woman away 
 at any time, and on his death she goes back with her 
 children to her brother, takes charge of his house, and 
 her children become his heirs.^ The same mode of life 
 prevails among the Buntar, the highest class of the 
 Sudras Tulavas; except that the eldest daughter of a 
 Tula van Rajah never marries, but takes now one, now 
 another Brahman as her lover; her sons become Rajahs, 
 and her eldest daughter carries on the family.^ Similar 
 conditions exist among the Mogayen (Tulavan fishermen) 
 and the Biluares, who extract juice from palm-trees.* 
 These are certainly transition forms ] either of a waning 
 or of a waxing Nair-type; and since it is difficult to 
 obtain any certainty about them, they are of no use for 
 our present purpose. 
 
 Lubbock's account of the Limboos will serve as an 
 example of the inaccurate way in which these kinds of 
 customs have sometimes been described. Limboo sons 
 
 ■ Buchanan, toI. ii. p. 513. ' Jbid., vol. ill. pp. 16-18. 
 
 ' Ibid., vol. ii. p. 492 ; vol. iii. pp. 22, 53. " The wife works for her 
 husband's master, who must maintain her and her children, untU they 
 are able to work ; the eldest son then belongs to him, but all the other 
 children belong to their mother's master, and return to the hut of her 
 parents." The children of Catal or Curumbal slaves all belong to the 
 mother's master (Ibid., vol. ii. p. 498). We are told of the Corar slaves to 
 the Tulavas, who were formerly in possession of the country : " The master 
 pays the expense of the marriage feast. When a man dies, his wives, 
 with all their children, return to the huts of their respective mothers and 
 brothers, and belong to their masters " (Ibid., vol. iii. p. 101). 
 
86 THE PEIMITIVE FAMILY. 
 
 belong to their fathers if a small sum of money has been 
 paid to the mother ; the child then receives a name and 
 is admitted into his father's tribe, while the daughters 
 abide with their mother.^ In this custom Lubbock traces 
 a survival of an extinct female line of descent. It is 
 hardly necessary to say that we should rather trace in 
 such a custom the dawning of a female line ; but the 
 custom itself has no existence. Campbell, to whom 
 Lubbock refers,^ only states that the Limboo bride is 
 purchased, and, if such a stipulation has been previously 
 made, is taken to her husband's home. Labour is often 
 substituted for the purchase money. His account goes 
 on to say that children born out of wedlock, and those 
 born of a connection between Limboo men and Lepcha 
 women, are called Koosaha. The father may obtain pos- 
 session of the boys by purchase and by naming them, 
 but the girls belong to the mother.* Here we are, in 
 the first place, only concerned with childi'en born out of 
 wedlock, and, secondly, with the children of persons of 
 distinct tribes, which are by the mode of naming them 
 placed on a level with the illegitimate. It should be 
 noted that the Limboos are strictly endogamous, the 
 only exception being made in favour of the Lepehas.* 
 
 The existence of the female line among the peoples 
 of Western Asia has been ascertained with respect to 
 some ancient tribes ; in other cases the inference of its 
 existence is not wholly justified.® It does not now pre- 
 vail in any part of that country. It would be lost labour 
 
 * Lubbock, Origin of Civ., p. 149. Appendix XXIV. 
 
 * Lubbock quotes Campbell, Trans. Bthno. Soc., New Series, vol. vii., 
 which I have had no opportunity of consulting; but I think the same 
 reference may be found in Journal Asiat. Soe. of Bengal. 
 
 ' Journal Asiat. Soc of Bengal, 18i0, vol. ix. p. 603; Campbell. 
 Appendix XXV. 
 
 * Md., p. 596. 
 
 ' Lycians (Herodotus, i. 173). In Northern Africa we may also cite 
 the Ethiopians (Bachofen, Mutterreeht, p. 21), the Bega ancestors of the 
 Bischari, and the Messophites (IWd., p. 108), Barea and Bazer (Munzinger 
 pp. 481, 484), Touaregs (Duveyrier, pp. 337-340). 
 
ASIA. 87 
 
 to say more of these various accounts, since they afford 
 no material of any value in solving the question as to 
 the motives for preferring the one or the other line. 
 They are capable of being interpreted in whichever sense 
 has previously been adopted as the right one.^ 
 
 • I may here direct attention to WOken's attempt to trace the female 
 line among the Arabs. His conclnsions are based npon the following 
 facts : 1. That polyandry and unchaste customs throw doubt upon the 
 paternity, so that it would be most natural to adopt the female line. 
 
 2. That the Arabs call the clan Batu, or beUy, which points to the mother. 
 
 3. That some clans are called after the mother's tribe. 4. That the 
 character of the mother's brother is supposed to devolve upon the sister's 
 children. "Wilken himself is of opinion that each fact, taken singly, 
 proves nothing, but that in the aggregate they are of weight. We shall 
 Bubse^ueutly show that Wilken's opinions are untenable. 
 
88 THE PEIMITIYE FAIULY. 
 
 CHAPTER V. 
 
 POLYNESIA. 
 Polynesian classes — Marriage and class — Fijian Vasn. 
 
 The Polynesian definition of kinship must be added to 
 the conditions we have described in the last chapter. 
 The dividing line which is usually drawn between the 
 Polynesian and Melanesian is in this case without 
 significance. 
 
 In Polynesia, the distinct classes constitute a similar 
 state of things to the family group in the peoples we 
 have just considered, since they form an exclusive organi- 
 zation, holding property in common. It is not very clear 
 how these classes arose, but we may assume that they 
 are connected with an earlier distribution into clans, so 
 that the chief represents the eldest line of the posterity 
 of their common ancestor. In some cases this ancestor is 
 supposed to be of Divine origin ; but we lay no stress 
 on such a supposition, since it probably arose after the 
 chiefs position was established. The people are usually 
 in possession of small plots of ground, either as compara- 
 tively independent proprietors, or as serfs ; the nobles 
 are owners or rulers of small districts, and the king is 
 ruler of the whole. The conditions are in many respects 
 confused and indefinite, yet the type is undoubtedly that 
 of the joint family, or village community. 
 
 The classes difier from clans in a natural way. The 
 
POLYNESIA, 89 
 
 nobles of different clans belong to one class, and while 
 the clan is usually exogamous, the class always tends to 
 become endogamous. In Polynesia, the definition of the 
 class depends upon the line of kinship, and the classes 
 are not isolated with the exclusiveness of castes in India : 
 marriages between the different classes are not absolutely 
 forbidden. 
 
 The position of a child born from a marriage between 
 persons of unequal rank may be decided in several ways. 
 The child may either be always assigned to the superior 
 or inferior class, or always either to the father or mother. 
 Polynesia offers us examples of all kinds. 
 
 If the father or mother alone belongs to the ruling 
 class, the child is, in the Caroline Isles, assigned to that 
 class, "■ In the Tonga Isles, the highest class — ^the Egi, or 
 nobles — inherits rank and property through the mother ; 
 the children of the common people (Mataboulas and 
 Tuas) inherit from the father, but belong to the mother's 
 class.^ In Otaheite, the children of a marriage between 
 a noble (Hui-Arii) and a woman of a lower class are set 
 aside, unless numerous ceremonies are performed in the 
 temple at the time of the wedding, so as to raise the 
 rank of the inferior person.' Both among the nobles 
 and in the intermediate class of landowners the father 
 abdicates in favour of his new-born son, because the son 
 has an additional ancestor, and is therefore of higher 
 rank than his father.* 
 
 Marriages are dissolved in the Sandwich Isles at the 
 wish of either party ; only in the case of the chiefs there 
 is no divorce, but they form a connection with other 
 women, and their wives take other lovers. These are 
 usually of inferior rank, and the children begotten of 
 
 • Chamisso, vol. ii. p. 241. 
 
 ' Martin, vol. ii. p. 101. Eienzi, vol. iii. p. 45. Morgau, Systems, 
 p. 559. 
 
 " ElliB, vol. iii. p. 98. 
 
 * Ibid., vol. iii. p. 100. Cook, vol. i. Hawkesworth, vol. ii. p. 
 243. 
 
90 THE PEIMITIVK FAMILY. 
 
 such marriages are almost always put to death, probably 
 by the kinsfolk of the higher class, in order that their 
 own importance may not sufler from intermixture with 
 an inferior rank.^ When we are told that in Hawaii the 
 dignity of chief is inherited through the mother, it must 
 be understood that preference is given to those of the 
 chiefs children whose mother is of the highest rank.^ 
 " The wife does not share her husband's rank. The rank 
 of the child is decided by certain definite laws, generally 
 by that of its mother, but also in some cases by that of 
 the father. A woman of noble family who marries one 
 of the common people loses her rank in the event of 
 bearing children to him, in which case she and her 
 children are degraded to her husband's class. The right 
 of inheritance is not decided by priority of birth, but 
 by the fact that the mother is of higher rank than the 
 other wives." * 
 
 This is also the case at King's MDl and in New Zea- 
 land.* In the latter country, the man who marries into 
 another tribe or clan takes up his abode in it, and is 
 thenceforward reckoned with his wife's family. It is 
 also usual for the wife to raise her husband to her own 
 rank, while this is not done by the husband.^ This fact 
 has been regarded as a survival of a clearly established 
 female line, and a sign of the earlier pre-eminence of the 
 wife ; but it seems to me to imply precisely the opposite. 
 Only the prevalent custom of ascribing the child to its 
 father would induce the kinsfolk of a woman of high 
 rank to adopt her husband, in order not to lose their 
 hold upon the children. If the female line were about 
 to disappear, the growing claims of the husband would 
 lead to the adoption of his wife by his own family. 
 
 It has been supposed that the strongest proof of the 
 
 ' Ellis, vol. i. p. 256; vol. iv. p. 411. ' Varigny, p. 14. 
 
 ' ChamisBo, vol. ii. p. 275. 
 
 ' Wilkes, vol. v. p. 85. Eienzi, vol. iii. p. 142. 
 
 • Thompson, vol. i. p. 176. Brown, p. 34. 
 
POLYNESIA. 91 
 
 female line is to be found among the Fiji Islanders, but 
 here also the spirit of mature criticism is wanting. We 
 are told that the king is succeeded by his brother, and 
 by his eldest son only in the event of his leaving no 
 surviving brother. The mother's rank and some other 
 circumstances may, however, cause this rule to be violated, 
 so that the younger is preferred to the elder brother.^ 
 The chief's practice of extensive polygamy makes it desir- 
 able to establish the child's rank by a reference to its 
 mother.^ The female line cannot be deduced from these 
 customs, but a stronger proof is afforded by the institu- 
 tion of the Vasu, vrhich is described as f oUows : — " Most 
 prominent among the public notorieties of Fiji is the 
 Vamb. The word means a nephew or niece, but becomes 
 a title of office in the case of the male, who, in some 
 localities, has the extraordinary privilege of appro- 
 priating whatever he chooses belonging to his uncle, 
 or those under his uncle's power. Vasus are of three 
 kinds : the Vasu taukei, the Vasu levu, and the Vasu ; 
 the last is a common name, belonging to any nephew 
 whatever. Vasu taukei is a term applied to any Vasu 
 whose mother is a lady of the land in which he is born. 
 The fact of Mbau being at the head of Fijian rank gives 
 the Queen of Mbau a pre-eminence over all Fijian ladies, 
 and her son a place nominally above aU Vasus. No 
 material difference exists between the power of a Vasu 
 taukei and that of a Vasu levu, which latter title is 
 given to every Vasu bom of a woman of rank, and 
 having a first-class chief for his father. Vasu taukei 
 can claim anything belonging to a native of his mother's 
 land, excepting the wives, home, and land of a chief. . . , 
 However high a chief may rank, however powerful a king 
 may be, if he has a nephew he has a master, one who 
 will not be content with the name, but who will exercise 
 
 ' Williams and Calvert, p. 18. Appendix XXVI. Eienzi, vol. iii. 
 p. 286. Morgan, Systems, p. 582 ; Anc. Soc., p. 375. 
 " Williams and Calvert, p. 26. Appendix XXVIl. 
 
92 THE PRIMITIVE FAMILY. 
 
 his prerogative to the full, seizing whatever may take 
 his fancy, regardless of its value or the owner's incon- 
 venience in its loss. Resistance is not thought of, and 
 objection only offered in extreme eases. Thokonauto, a 
 Rewa chief, during a quarrel with an uncle, used the 
 right of Vasu, and actually supplied himself with ammu- 
 nition from his enemy's stores." ^ 
 
 It cannot be denied that this great power of the 
 sister's son is very remarkable, and at the first glance 
 it seems only possible to explain it by assuming that 
 there was a peculiar sanctity in the tie of kinship 
 between the man and his sister's son. The extent of the 
 claim is astonishing — a claim which no son would venture 
 to put forward ; and this is the more remarkable since 
 the sister's son is not the uncle's heir. In all other cases 
 in which the female line divides father and son, in order 
 to tighten the bond between the mother's brother and 
 sister's son, the analogy with the male line is maintained ; 
 that is, the uncle exerts his authority over the sister's 
 son, whereas in this instance their positions are reversed. 
 This arouses a suspicion that ideas unconnected with the 
 female line may have produced the Vasu rights. 
 
 On examining more closely the whole institution of 
 the Vasu, we are first struck by the fact that no legiti- 
 mate rights belong to the common Vasu. These claims 
 can only be made by the Vasu whose mother's brother 
 possesses people and land. It may be assumed that the 
 power of the Vasu in its extreme development was first 
 directed against the mother's brother after it had become 
 an integral part of the political machinery of Fiji, since 
 we are told that the Vasu-right becomes an instrument 
 in the king's hand for ruthlessly plundering the land. 
 The king makes use of the Vasu, and shares the plunder 
 with him.^ There can be no doubt that the institution 
 of Vasu arose out of the natural reverence with which 
 the subjects regarded the king's sister's son when he 
 » Williams and Calvert, p. 27. » Ibid., p. 27. Appendix XXVIII. 
 
POLYNESIA. 93 
 
 visited his uncle. They honoured the king through his 
 kinsfolk. The king and his sons ruled after no gentle 
 fashion, and the ruler was entitled to commit all sorts of 
 acts of violence. In this way the honour paid to the 
 king's sister's son enabled him to rob the people freely. 
 The Vasu-right was gradually transformed into a funda- 
 mental institution, and that which was at first serviceable 
 to the king was now turned against him. It certainly 
 affords no indications of a mystical and religious belief 
 in any special sacred bond between the mother's brother 
 and sister's son. 
 
 10 
 
94: THE PBIMITIVE FAMILY, 
 
 CHAPTER VI. 
 
 ARYAN PEOPLES. 
 
 Maine and McLennan — Patriarchal family group — Joint family group — 
 Eoonomio interests — Property in land and cattle — Comparison be- 
 tween Hindus and Bechuanas — ^Primitive character of agnation — 
 Hindu female line — Sapinda and Samanodoka — Agnates and cognates 
 — Germanic female line — Marriage and guardianship — Physical rela- 
 tion between mother and child — Class inheritance — Inheritance of 
 property — Arms and accoutrements — Precedence taken by female 
 heirs — Kejpus — Woman hands down family tradition — Orestes, 
 
 The endeavour to grasp the meaning of the line of 
 descent is in no case more important than in that of the 
 Aryan peoples, for since we ourselves are Aryans, these 
 peoples possess a special interest for us. The primitive 
 records are also more abundant, consisting of very ancient 
 laws committed to writing, and not merely of everyday 
 customs and usages. But the very abundance of the 
 material increases the difficulty of dealing with it. And 
 the special question with which we are now concerned, 
 whether the Aryan community was originally agnatistic 
 or not, has been treated in an unsatisfactory manner, 
 owing to the imperfect and obscure mode in which it 
 has been stated. 
 
 Two theories, completely opposed to each other, have 
 been presented to us. Philologists generally hold that 
 the primitive character of Aryan communities was ex- 
 clusively agnatistic, and this theory has been supported 
 by Sir Henry Maine in a manner which entitles us to 
 
AEYAN PEOPLES. 95 
 
 regard him as the representative of the patriarchal 
 theory. This theory asserts that the child was originally 
 ascribed to the father only, and kinship through the 
 mother was not counted at all. On the other hand, 
 learned men like McLennan, Bachofen, etc., hold it to be 
 an undoubted fact that the Aryan tribes originally lived 
 in promiscuous intercourse, and only counted kinship 
 through the mother. 
 
 This apparently irreconcilable contradiction must 
 not, however, be estimated too highly, since the word 
 "originally" is used in a different sense by the two 
 parties. Sir Henry Maine understands by the primitive 
 Arj'^an community only the one of which the type is 
 found in the earliest collections of laws ; while McLennan 
 undertakes to describe the primitive community in its 
 literal sense. It was McLennan's object to examine the 
 salient features of the patriarchal state which may be 
 deduced from the most ancient laws, in order to ascertain 
 how far they have arisen from an altogether different 
 social condition. Maine sets aside such inquiries as 
 wholly irrelevant, and, whatever results they may afford, 
 he holds his own theory to be firmly established.^ On 
 this point we do not agree with Maine, for if it can be 
 shown that a community in which there was promiscuous 
 intercourse and a female line of descent preceded the 
 agnatistic community, it would undoubtedly be a much 
 more arduous undertaking to trace the causes which 
 effected such a transformation. The strife between the 
 two theories which still subsists must be referred to an 
 imperfect estimate of the mode in which kinship should 
 be reckoned. 
 
 The family group, or joint undivided family, con- 
 stitutes the typical feature of the Aiyan community; 
 that is, an association of persons who dwell under the 
 same roof, who own their property in common, and who 
 offer a common sacrifice to the same ancestor. Such 
 ' Maine, Early Law, ch. vii. p. 192. See Hearo, p. 153. 
 
96 THE PEIMITIVE FAMILY. 
 
 kinsfolk are termed Sapindas, or persons joined together 
 by the cake of sacrifice. These family groups are further 
 distributed into clans (Gotra), and members of the same 
 Gotra are called Samanodocas, or persons joined together 
 by the same libation of water. The Sapinda kinship 
 ceases with the seventh person, that is, with the sixth 
 degree of kinship; the Samanodoca connection only 
 ceases when the birth and family name are no longer 
 known.'' As long as the family group holds together, 
 it is under the guidance of the eldest male of the eldest 
 line, and the amount of power possessed by this patriarch 
 is shown to us in the case of the Roman heads of families. 
 This patriarchal community, a reduced form of the 
 modern family in one respect, and its enlargement in 
 another, is considered by Maine to be the first step 
 in primitive jurisprudence.^ The patriarchal power 
 extends over the life and liberty of the members of the 
 family. The wife and children are absolutely in the 
 power of the head of the family, and he has not to give 
 account to any one for his actions. We saw that the 
 Brazilian community was constructed on these lines, 
 which afford the typical form of brute force. The Aryan 
 groups only differ from those of Brazil in their greater 
 permanence ; they are not, like the latter, dissolved when 
 the son grows to manhood. In this more permanent 
 structure a force silently arose which prescribed limits 
 to the arbitrary power of the patriarch. Habit and 
 custom gradually constrained him to act under a deep 
 sense of responsibility to the presiding spirit of the family.^ 
 The women, in particular, as the most defenceless, were 
 placed under the protection of this spirit, and the head 
 of the family no longer dared to kiU his wife before he 
 bad proclaimed her guilt to the domestic tribunal. The 
 patriarch always tended to become merely a judge who 
 decided causes in accordance with custom and usage ; he 
 
 ' Heam, p. 168. " Maine, Ancient Law, pp. 133, 138. 
 
 ' Ueam, p. 97. See Grimm, p. 450. 
 
ARYAN PEOPLES. 97 
 
 ceased to be the master whose ai-bitrary will was law. 
 So likewise his position as ruler of the family property 
 was changed. As the family grew into an undivided 
 family group, he was no longer regarded as the owner, 
 but only as the steward of the property. As it has been 
 truly said, he no longer inherited a property, but an 
 office.^ 
 
 The joint family group appears as soon as the 
 children of the same father continue to live together 
 after his death. The brothers and sisters then possess 
 in common what had previously belonged to the father 
 alone, and under these circumstances the patriarchal 
 power was necessarily modified. We have seen that the 
 Bi-azilians took the first step towards the joint family 
 group, but in their case the organization had no stability, 
 since it lacked the power which is maintained by the 
 interests which members of the same family have in 
 common. Property and religion riveted the connection 
 among the Aryans, but both were wanting to the 
 Brazilians, or only existed in their faint beginnings. 
 We are told, for example, that " the Macuanis used to 
 bury the corpses of their young children in their huts, 
 and those of adults at a distance from the village. On 
 the graves of the latter, which were sui-roimded by a 
 ditch, they placed flesh and fruits, and lighted a fire, in 
 order that all the needs of the depai-ted might be 
 satisfied. They subsequently struck a lance into the 
 grave, or built a hut upon it." ^ 
 
 The worship of ancestors, which we here find in the 
 germ, became of such importance among the Aryans that 
 it may be termed the bond of union among the groups ; 
 its force was owing to the fact that it was able to work 
 under material conditions which had, at any rate in 
 part, produced the formation of the joint family groups. 
 Economical interests first led to the formation of such 
 
 > J. D. Mayne, pp. 198-200. Heam, p. 82. 
 ' Spix and Martins, voL iL p. 492. 
 
98 THE PRIMITIVE FAMILY. 
 
 groups. We can readily understand that many different 
 circumstances had their effect on this development; it 
 would be unwise to ascribe to one or other of them, 
 taken singly^ the power of producing such a compact 
 organization. It was an organization of which the 
 stability depended upon the manifold ways in which 
 its members were useful to each other: their common 
 share in matters pertaining to attack and defence, the 
 impressions to which they were subject during their 
 common growth, that thorough community of spirit 
 which arises from living together in one place, — all these 
 things had their influence on the formative process, and, 
 as I have repeatedly said, local union is the chief con- 
 dition under which primitive consciousness is able to 
 maintain the idea of the interdependence of individuals. 
 The circumstances we have enumerated are foxmd in 
 every form of social development, but this special form, 
 the joint family group, is only produced by special 
 economic interests. 
 
 J. D. Mayne asserts that it is only the great ease 
 with which a family can obtain as much wealth as 
 it desires which hinders the simple patriarchal family 
 from becoming a joint family group.^ But he lays too 
 much stress on land as the only form of wealth. 
 For although the scarcity of land may, in a growing 
 population, often have promoted the development of the 
 joint family group, as well as of the village communities. 
 Sir Henry Maine justly urges that in primitive com- 
 munities the possession of the soil is not the main point; 
 it is not the soil, but the means of turning it to accoimt 
 which are valuable.^ Land may be abundant in cases 
 in which a lack of the means of cultivating it makes it 
 desirable that it should be held in common. J. D. Mayno 
 has himself cited the Kandhs as an instance of such a 
 state of things. We have seen that among the Bechu- 
 
 • J. D. Mayne, p. 198. Appendix XXIX. 
 ' Maine, Early History of InitUutiom, paeiim. 
 
ARYAN PEOPLES. 99 
 
 anas the large herds of cattle pass from mothers to 
 children ; each of these groups already forms something 
 .like a family group, and whenever monogamy smooths 
 the way for it, as it does in the Aryan race, similar con- 
 ditions of family communism necessarily arise. The 
 owner of a large herd commands respect; the social posi- 
 tion of the individual does not make it desirable to 
 divide this herd among many heirs, partly because the 
 sole possessor of a smaU herd is less powerful than the 
 joint possessors of a large herd, and still more because 
 the profitable use of the soil becomes more difficult through 
 such a partition. 
 
 In Maine's excellent work on the " Early History of 
 Institutions," he dwells upon the importance of the custom 
 of giving and receiving stock ; the great proprietor lends 
 his cattle to the poor, who thereby become his depen- 
 dents. As we have said, this custom is not unknown to 
 the Bechuanas.^ Cattle are not everywhere essential 
 for the profitable use of the soil; simple individual 
 labour becomes a means of wealth, and thus defines the 
 limit of the property which each individual can hold. 
 The culture of the soil is, among most primitive peoples, 
 carried on in common, and among many of them the 
 value of this common labour leads to the development of 
 a community of property. "We must therefore choose 
 between two possibilities. The Aryan joint family group 
 was either developed from the Bechuana form, accord- 
 ing to which cattle constitute the essential wealth, or 
 from the form in which wealth consisted in the possession 
 of the soil. 
 
 The distinction between the family groups which 
 owe their existence to one or other of these conditions 
 is not unimportant. An agricultural community lays 
 much more claim to the capacity of each individual for 
 labour than is the case with a community which is 
 
 > Burohell, vol. ii. pp. 348, 515. 
 
100 THE PEIMITIVE FAMILY. 
 
 wholly or chiefly occupied with the rearing of cattle. 
 In the former case a diminution in the number of a 
 household is a loss which it is difficult to supply, and 
 they are chiefly concerned in keeping up their numbers, 
 that is, in retaining^ their hold on the individual. But 
 in a cattle-breeding community men make it their first 
 object to increase the number of stock. In the former 
 community the head of the family opposes the departure 
 of his daughter, and seeks to induce her wooer to become 
 one of the household ; but in the latter he will sell her 
 as early, and for as high a price as possible. The agri- 
 cultural community will therefore display a natural 
 tendency to the female line of descent, which we accord- 
 ingly find in America; the rearing of cattle is favourable 
 to the male line, as in the case of the Bechuanas, where 
 this tendency ofi'ers a strong resistance to all those 
 tendencies which endeavour to introduce the female line 
 into the polygamous family. 
 
 The Hindu communities are almost exclusively agri- 
 cultural ; but this was not the case with our Aryan fore- 
 fathers, who were wholly occupied with the rearing of 
 cattle. Starting from the assumption that the Hindu 
 clans were developed from families and family groups, 
 an organization into clans which Lyall describes as still 
 existing in Eajputana,^ the word used for a clan reminds 
 us of conditions analogous to those of Bechuanaland. 
 Gotra (a clan), as weU as the Bechuana kotla, signifies a 
 cow-place ; and the part which it plays in Bechuanaland 
 probably afibrds a true picture of the part it played in 
 the times of our remote ancestors. Squatters establish 
 themselves round the huts of the large proprietor, and 
 although not entitled to inherit with those who are 
 really his children, they are all called his children. They 
 hold together for the sake of protection, and the sons 
 
 ' Lyall, Asiat. Stud., p. 152. The process described by Lyall is so far 
 unsatisfactory that he speaks throughout of the institutiou of the clan as 
 already existing, and says nothing of its origin. 
 
AKYAN PEOPLES. 101 
 
 remain with their father, in the hope of becoming his heirs. 
 It was a custom of comparatively late date that sons 
 who withdrew from their father's authority should not 
 inherit from him, just as a Bechuana is disinherited 
 who migrates to another kotla. 
 
 The religious character of these cow-places, as centres 
 for the mystical ideas of each separate circle, and their 
 use as a burial-place for the dead patriarch, to the ex- 
 clusion of all others, present facts from which it is not 
 difficult to explain the Aryan worship of ancestors, the 
 worship of the hearth, the Lares and Penates. The 
 further development of ancestor-worship leads also to the 
 further development of groups in an agnatistic direc- 
 tion, and the right of inheritance becomes inseparable 
 from the duty of offering sacrifices to the dead. We 
 wholly accept McLennan's view, which is vehemently 
 opposed by Maine, that the marriage of the father and 
 mother is not the basis of agnation, but that this is due 
 to the father's patriarchal power.^ Since the Aryan 
 clans are exogamous, like nearly all other clans, the 
 child's assignment to the clan must have been on one 
 side only, either agnatistic or uterine, and we find 
 nothing to indicate that a female line of descent had 
 given place to the agnation now found in Aryan races. 
 Every attempt to point out a primitive female line is 
 based upon the erroneous belief that through agnation 
 the child was severed from all relations to the mother 
 and her family. It is, however, evident that agnation 
 only excludes the child from its mother's clan and from 
 the concerns of that clan. 
 
 McLennan bases the opinion that the Hindus 
 at one time observed the female line of descent on 
 the marriage prohibitions which existed among them. 
 According to Manu, a Hindu might not marry within 
 his father's clan, and the subsequent edicts of Kulluka 
 extended this prohibition to the mother's clan.^ As this 
 
 ■ Maine, Anc. Law, p. 149. ' McLennan, Pat. Theor., p. 219. 
 
102 THE PEIMITIVE FAMILY. 
 
 latter edict was issued by the later authority, it seems 
 impossible to deduce from it the prior existence of 
 maternal kinship, yet this is what McLennan ventures to 
 do. He is of opinion that the bond which held together 
 the individual members of the same gotra became weak 
 as soon as the gotra included large and. scattered groups 
 only sharing the same family name. Hence he thinks it 
 probable that the prohibition dated from a remote period, 
 when the gotra constituted a small and closely united 
 community. It could not have been invented by Kulluta, 
 but it was merely more strictly defined, after having 
 been in general use. McLennan naturally brings forward 
 all the signs of the great importance ascribed by Manu 
 to the mother as confirmations of his opinion; for 
 instance, that when Manu speaks of both parents, he 
 always puts the mother first. It is, however, difficult to 
 ascertain the antiquity of this prohibition of marriage 
 into the maternal clan.^ I am myself disposed to think 
 that it was of early date, without, however, attaching 
 much importance to the matter. There is nothing sur- 
 prising in such a prohibition ; the facts of religion and 
 kinship are at first identical, but as they gradually 
 become more distinct, a medley of ideas arise, in which 
 this prohibition necessarily has its origin. 
 
 We mentioned above the Sapinda and Samanodoka 
 degrees of kinship, and must now consider them some- 
 what more closely. Persons who are associated in the 
 chief sacrifice to the dead are Sapinda, so that their 
 relations are always mutual. The man who ofiers sacri- 
 fice is Sapinda to the dead man to whom it is ofiered, 
 and the converse is also the fact. Each man serves 
 as the centre of seven persons, of whom he is the first, 
 and the other six are his Sapinda. But these six are not 
 all Sapinda to each other, for the Sapinda of each con- 
 sist in three superior and three inferior members. We 
 must also observe that the dead Hindu not only profits 
 ' Schrader, p. 385. 
 
AEYAN PEOPLES. 103 
 
 from tlie sacrifices offered to himself, but from those 
 which were not offered to him, but to persons to whom 
 he himself had been bound to sacrifice during his life- 
 time.^ Since such sacrifices were offered to the mother's 
 father, etc., those who do not stand in agnatistic relations 
 to each other may mutually become Sapinda, and these 
 cognates are termed Bandhus. The maternal ancestors 
 of the agnate may, however, be either the paternal or 
 maternal forefathers of the Bandhu, and the agnate thus 
 becomes the Bandhu or Bhinna-gotra (member of another 
 clan) Sapinda to the Bandhu, since both sacrifice to the 
 same person.* This, however, is a later consequence of 
 the religious development of the Hindu community. As 
 a rule, and in primitive times, aU agnatistic Sapindas 
 and Samanodokas started from very closely cognate 
 Sapindas (Bhinna-gotra).* A Bandhu never takes pre- 
 cedence of an agnate of the same degree. If, as J. D. 
 Mayne observes, the Sapinda did not originally imply 
 that persons were associated by sacrificing to the dead, 
 but by being parts of the same body, we shall easily 
 understand that man and wife become Sapinda because 
 their union has produced one body;* and from this 
 beginning the other conditions of maternal kinship can 
 be explained without difficulty. It is therefore not 
 necessary, although always possible, that Kulluka's pro- 
 hibition against intermarriage with the maternal clan 
 was based upon a prevalent custom ; he may only have 
 deduced the consequerfte of such an act from the ideas 
 which were entertained by his contemporaries. — 
 
 Dargun, another writer on this subject, has much 
 stronger reasons for showing that the female line was 
 formerly observed by the Germans. He undertakes to 
 establish the thesis, "that the ancient Aryans at the 
 time of their dispersion regarded kinship through the 
 mother as the sole or chief basis of blood-kinship, and 
 
 ' J. D. Mayne, p. 477. « Ihid., p. 478. Appendix XXX. 
 
 » Ibid., p. 489. ♦ Ibid., p. 487. 
 
104 THE PRIMITIVE FAMILY. 
 
 all their family rights were governed by this principle."* 
 This thesis is, indeed, not quite adequately supported by 
 the facts which he adduces, but it seems to him warranted 
 by the fact that the peoples among whom he traces the 
 existence of the female line must otherwise have adopted 
 it instead of agnatism after the dispersion, and he asserts 
 that throughout the world there is not a single instance 
 of such a transition, while there are, on the other hand, 
 numerous examples of the converse transition from the 
 mother's to the father's line. Dargun, as usual, regards 
 the doubtful paternity of primitive times as the original 
 cause of the female line,^ and he lays special stress on 
 the fact that the relationship between mother and child 
 appears to consist only in the tie of blood, while, on the 
 other hand, a juridical character, derived from the con- 
 ditions of holding property, forged the link between 
 father and child, and only gave place to a deeper feeling 
 as time went on. "In the same proportion as the 
 popular conscience began to recognize the tie through 
 the father as equal to the tie of blood through the mother, 
 men began also to use the names, hitherto only ap- 
 plied to the maternal kinsfolk, for the paternal kinsfolk 
 in the same degree." * 
 
 Our foregoing investigation contradicts these reflec- 
 tions in every respect. We have endeavoured to show 
 that the female line was, as a rule, a transition form, and 
 it is a familiar thought that the definition of kinship was 
 an essentially juridical act, procfiiced by the exclusive 
 and exogamous character of the clan. It is a question 
 which we must leave unsolved for the present, whether 
 the primitive consciousness of peoples enabled them to 
 see any distinction between the tie of blood and the 
 legal tie ; it is a question which would throw no light 
 on Dargun's views, since his argument only regards the 
 tie of blood as a tie of the heart, of sentiment, and mutual 
 sympathy. Dargun states that the Germans always 
 • Dargun, p. 13. " IHd., p. 76. » Ibid., p 75 
 
ARYAN PEOPLES. 105 
 
 acted on the principle that the child must share its 
 mother's lot, for the child always followed the person 
 to whom the mother belongs.^ The German was obliged 
 to buy his wife. A marriage did not, however, become 
 invalid if the purchase-money was not paid, and the wife 
 in such case still owed obedience to her husband, and 
 must accompany him to his home.^ Such a marriage only 
 differed from the marriage which was whoUy founded 
 upon purchase, in the fact that the wife was not absolved 
 from her old legal conditions ; both she and her children 
 remained under the guardianship, patria potestas, of her 
 father ; the children did not inherit from the father, but 
 from the mother's family, and if wife or children died 
 under the husband's roof, he had to pay damages.* The 
 purchase-money served as payment for the muTidium, 
 by which the man obtained juridical rights over wife 
 and children. It is in harmony with this train of 
 thought that illegitimate children belonged to the mother, 
 since the father had no claim upon the woman ; and it 
 was due to the same fundamental ideas that the Komans 
 only obtained authority over wife and children when 
 aU the marriage rites were fulfilled (confarreatio and 
 coemptio). 
 
 It seems to me that it would be rash to deduce a 
 female line of descent from these conditions.* Dargun 
 states that the child followed the mother, and that who- 
 ever had authority over her also had authority over the 
 child ; that is, the fact that it was the offspring of the 
 father invested the latter with no legal obligations, 
 while, on the other hand, the mother's claims were 
 founded on the circumstance of her having given birth 
 to the child. But this does not imply a female line, stiU 
 less does it give a more sacred character to the maternal 
 
 • Grimm, p. 420. 
 
 • Dargun, p. 27. Laband, Zeitschrift fur Yolkerpsyclwlogie, 1865, 
 vol. iii. p. 174. 
 
 > Giimm, p. 449. Laband, p. 174. * Schrader, p. 389. 
 
 n 
 
106 THE PEIMITIVE FAMILY. 
 
 than to the paternal kinship. The child came into the 
 world and into the enjoyment of its earthly privileges 
 through the mother, and this fact will always serve as 
 the starting-point for every possible definition of kinship. 
 The mother who brought forth the child was in possession 
 of it before its birth, so that her master is also master of 
 the child. As the Hindu says, " Whoever owns a field, 
 owns also all that grows thereon: the seeds brought 
 thither by the wind, the water, or in any other way, do 
 not belong to the sower." ^ The idea of begetting plays 
 in this case a minor part. The saying we have quoted is 
 not founded upon the idea that the child's body is a part 
 of its parents, but upon its local conditions ; the ofispring 
 lay hid in its mother's womb, and whoever owned the 
 woman owned also that which was contained in her. 
 
 Whenever the fact of begetting is the central thought, 
 the merely juridical relations become of less importance. 
 Both among the Germans and the Aryans we note the 
 struggle between the husband and the father, between 
 the present and the former owner of the woman, for the 
 possession of the child ; it is not the maternal relations, 
 the mother's brother, or the uterine brothers, who con- 
 tend with the husband, but the woman's father, and this 
 fact suflices to set aside all question of a female line. 
 The father's claim on his daughter and her children may, 
 as we have repeatedly said, have been the germ of a 
 dawning female line, but it cannot be regarded as the 
 survival of such a line, since its predominance inevitably 
 weakens the paternal rights. 
 
 Dargun finds in the fact that the child inherits its 
 mother's rank a further confirmation of the theory that 
 the mother's relationship to her chUd is a blood relation- 
 ship, of more primitive origin than that to its father.^ 
 The child of a free father and of a slave mother becomes 
 a slave. In earlier times marriage between a free 
 woman and a slave was not sanctioned, and the slave 
 ' Baohofen, Mutterrecht, p. 200. ' Dargun, p. 32. 
 
AEYAN PEOPLES. 107 
 
 was put to death if he took the free woman by force. 
 Dargun adds that it was subsequently ordained by the 
 law of Zealand that the child of a slave father and of 
 a free mother should itself be free. Dargun does not 
 fully understand these facts. It seems to have been the 
 original principle that the child should be a slave, beca'ase 
 whoever, whether man or woman, married a slave, 
 thereby forfeited his or her freedom.^ This principle 
 is only an expression of class feeling, and has nothing 
 to do with considerations as to whether the child's blood 
 was derived from the father or the mother. When more 
 humane views prevailed, or when a rapid increase of 
 the family seemed desirable, these definitions lost their 
 sharpness, and were subject to modification in many 
 wajs. When the Zealand code (111, 112), declared 
 the child of a free woman to be free, this milder edict 
 may have been borrowed from the Roman law. In 
 Sweden the chUd was free, if either parent was free. In 
 Denmark, even up to quite recent times, the marriage of 
 a woman of noble birth with one of the burgher class 
 was regarded with displeasure, since the estate of a noble 
 was thus transferred to burgher hands, and the woman 
 was generally obliged to sell her property. A woman of 
 the burgher class who married a noble was also com- 
 pelled to do the like, and yet her children were not 
 allowed to inherit their father's rank and estate.^ In 
 Champagne, on the other hand, as late as the sixteenth 
 century, the mother's noble rank was, under certain 
 circumstances, inherited by the child.* No special pre- 
 ference for the mother's blood is apparent in the defini- 
 tion of the child's position ; the definition is generally 
 in agreement with the special arrangement which the 
 class interests of the time in question have established 
 as the most suitable for mixed marriages. 
 
 The preference of uterine to agnatistic kinsfolk, 
 
 • Grimm, pp. 324, 326. Stemann, p. 278. 
 « Stemann, p. 318. ' Chirnel, p. 861. 
 
108 THE PEIMITIVE FAMILY. 
 
 which Dargun believes that he can trace in some in- 
 stances in the order ia which property is inherited, is of 
 greater importance. But before we turn to his account, 
 we must describe the usual mode of inheritance. The 
 soil, the common property of the joint family group, as 
 well as of the village, was originally only inherited in 
 the agnatistie line ; and if that line became extinct, as 
 far as the family was concerned, it lapsed to the larger 
 circle.^ The intrusion of aliens was opposed, and it was 
 therefore decreed that the descendants of women who 
 had married into alien families should not inherit the 
 land of their maternal kinsfolk. Wherever the aippe, or 
 joint family, was dissolved, these considerations lost their 
 force, and the land was in this case inherited by women. 
 
 The woman established her claim on movable property 
 at a much earlier period. Such property soon came to 
 be regarded as the property of the individual, and was 
 subject to the natural law of inheritance. Among the 
 Hindus, movable property was in primitive times held 
 in common; but subsequently, as family communism 
 became less strongly marked, it was inherited by those 
 to whom it had been left by its original owner.^ We 
 believe that the same principle was maintained by the 
 Germans, and was only not thoroughly carried out 
 because the family communism of the nearest kinsfolk 
 was observed up to a late period, so that the inheritance 
 was rarely in accordance with the stirpes. The order of 
 succession was : son, daughter, father, mother, brother, 
 and sister. 
 
 As soon as the wife became capable of holding pro- 
 
 ' Grimm, p. 467. Among the Gennans the clan (gotra) soon dieap- 
 peared, Sippe ia the joint family group of seven generations. 
 
 " J. D. Mayne (p. 238) gives a detailed account of these conditions. 
 Among the Germans also there was a current classification of ancestral or 
 unobstructed property, in opposition to obstructed property. See Eoepell 
 on the Poles, vpl. i. p. 601. Marsden (pp. 230, 244) states that in Bejang 
 the brothers of the deceased share "with their nephew the inheritance 
 Vhicfi had been their father's property. 
 
AETAN PEOPLES. 109 
 
 perty, her legal position with reference to it and to her 
 husband had to be defined. There was usually a com- 
 munity o£ goods in marriage, or the woman owned as 
 private property her dos or mundium, the gift made by 
 the bridegroom, and probably the household furniture ; 
 the husband could enjoy the use of her goods, but they 
 were not reckoned as part of his own property.'- 
 
 A special share of the property was assigned to the 
 wife in Saxony and Westphalia, and could only be in- 
 herited by women; this share was termed Gerade? 
 The word was originally applied to the wife's ornaments, 
 that is, to things which were by their nature only 
 adapted for women. In contrast to these, all which 
 was used by the man only — weapons, and all kinds of 
 armour — were termed Heergewdte. The Gerade was 
 only inherited by women, and the Heergewate by men, 
 as we should infer from the nature of things. But these 
 conceptions were subsequently enlarged, and all which 
 bore a special reference to man or woman was assigned 
 to the categories in question. The sheep which were 
 shorn by the wife, the poultry which was fed by her, 
 were included in the Gerade ; the horses on which the 
 man rode, and other like things, were Heergewate. If 
 there were no male or female heirs, both the Gerade and 
 Heergewate fell to the Sippe or joint family, " in order 
 to increase the common good, in accordance with the 
 ancient law of succession." * The usual partition of the 
 property into male and female was sometimes carried 
 out so logically that male animals counted as Heerge- 
 wate and female as Gerade. Heergewate and Gerade 
 were separated from the rest of the property before it 
 was divided among the heirs. 
 
 After these explanations, which we do not give in 
 
 ' Grimm, p. 449. Maciejowski, vol. i. p. 216 ; toI. iv. p. 13. Stemann, 
 p. 328. 
 
 * Grimm, p. 568-599. Proste-Things Lot., vol. ii oh. ix. Paus, 
 vol. ii. p. 128. 
 
 ' Grimm, p. 485. 
 
110 THE PEIMITIVE FAMILY. 
 
 any detail, we return to Dargun. The general character 
 of the order of succession "we have described testifies to 
 the gradual elevation of the wife into a person capable 
 of inheriting property, so as to become placed almost on 
 a level with the male heir. When the Salic law names 
 the mother as the nearest heir to a childless man, we 
 are disposed to think that the father is understood to be 
 included with her.^ This may also be the case when 
 the law puts the mother's sister, but not the mother's 
 brother, after the brothers and sisters ; but this does 
 not seem to me to be quite so clear. Dargun, as well as 
 Waitz, wishes to take the law literally, so that the suc- 
 cession of heirs to a childless man would be in this 
 order : mother, brothers and sisters, mother's sister, 
 father's sister. We will not go into the question how 
 far his opinion is justified, but will only inquire whether 
 this order of succession entitles Dargun to infer that 
 it indicates an earlier observance of the female line.^ 
 
 The fact that the parents inherit to the exclusion of 
 the brothers and sisters, introduces us to the patriarchal 
 family. The paternal patriarch is, indeed, the ruler and 
 sole possessor of property, and the son is only with- 
 drawn from his authority by emancipation, which en- 
 titles him to become the independent possessor of 
 property. Whatever the son possesses withiu the 
 family, he possesses only at his father's pleasure ; and 
 if in later times this rule became less arbitrary, yet the 
 brothers and sisters could always be excluded from the 
 inheritance.® We think that the state of things in a 
 Bechuana camp may explain the preference given to 
 the mother. The portion which a man would inherit 
 from his father is, among that people, included in that 
 of his mother. As long as the son inhabits his father's 
 kotla, he possesses nothing of his own ; he buys nothing 
 
 ' von Amira, p. 5. ' Dargun, p. 61. 
 
 ' According to the laws of the Werinian Angles, the brothers and 
 sisters inherited before the parents. 
 
ABYAN PEOPLES. Ill 
 
 without his father's consent, and he only enjoys the use 
 of certain things. In the event of his dying childless 
 before his father, these things again become the father's 
 property, but they are assigned to the mother's portion. 
 This might easily lead to the special mention of the 
 mother in the text of the law. We think that this 
 would be more particularly the case in a polygamous 
 family, and it is generally admitted that polygamy was 
 practised by the Franks as well as by other Germans. 
 
 Our explanation may serve to reconcile the two 
 opposite views. The father is, as master of the family, 
 the sole heir, but the mother decides on the ultimate 
 fate of the property inherited from the chUd. Amira 
 forgets that the law of inheritance must have been 
 modified when polygamy disappeared, but Dargun is 
 altogether mistaken in declaring a female line of de- 
 scent to be the only possible explanation of the special 
 mention of the mother. The whole character of the 
 child's position in the family is in agreement with our 
 interpretation. Thus, in Denmark, children shared the 
 common property of their parents, but the fact that they 
 did so only became apparent when the inheritance was 
 divided. That which devolved upon the child was not 
 regarded as an inheritance, but as something which 
 already belonged to the child, and that portion only was 
 considered to be inherited which had been the private 
 property of the parents. Grandchildren, whose father 
 was akeady dead, were often disinherited by their 
 uncles, that is, they inherited nothing from their grand- 
 father.^ Maciejowski writes that "among the Slav 
 peoples the community of goods which subsisted be- 
 tween father and son had no legal consequences during 
 the father's lifetime, for the son possessed nothing of his 
 own as long as the father lived. Elsewhere, as in Poland, 
 Bohemia, and Hungary, so long as no injury was in- 
 flicted on the paternal property, the son might with- 
 ' Stemann, pp. 360, 411. Amira, p. 5. 
 
112 THE PEIMITIVB FAMILY. 
 
 draw his private property from the rest, and especially 
 those goods which he inherited from his mother." ^ 
 
 Tacitus gives the brother and the father's and 
 mother's brother as the next heirs of a childless man.^ 
 The uncles are not named by the Salic law, but the 
 mother's sister and then the father's sister foUow the 
 brothers and sisters. Dargun takes this as an indication 
 of a primitive female line, in which we do not agree with 
 him. Another explanation may afford the desired solu- 
 tion, and the female line wiU not explain the exclusion 
 of the mother's brothers in favour of the mother's sister. 
 When a man dies without leaving children, parents, or 
 brothers and sisters, only remote kinsfolk remain, and 
 his relations to these may be influenced by all sorts 
 of ideas. The paternal and maternal kinsfolk usually 
 enjoy equal rights, in accordance with their degree of 
 blood relationship to the heir. But it may happen that 
 the heritage may be regarded on the one side as the 
 property of the dead man's mother, and on the other as 
 Gerade. The relations between the Bechuana mother 
 and child, which we adduced by way of analogy, suggest 
 such a conception. The Franks had not, indeed, the 
 precise definition of the Gerade, yet Amira writes, " The 
 traces of a Franco-Salic Gerade cannot be ignored. This 
 was the widow's property, and after her death it devolved 
 upon her children, or, if there were no children, on some 
 member of the family to which she belonged." ^ 
 
 Taking as our starting-point the legal relation with 
 respect to property which existed between mother and 
 child in a polygamous, patriarchal family, the complete 
 dissolution of the family which would result from the 
 death of a man who had neither children, parents, 
 brothers, nor sisters, would bring forward the mother's 
 si'de before the father's side, the aunt and female cousin 
 before the uncles. It is evident that this regard for 
 
 • Maciejowsld, vol. i. pp. 227, 228. 
 ' Tacitus, Germany and its Tribes, p. 15. ' Amira, p. 35. 
 
AEYAN PEOPLES. 113 
 
 women, as well as this different mode of inheritance, 
 must be regarded as an innovation, and Dargun argues 
 in a circle when he infers from the rules in question 
 that there was a female line of descent. We know 
 nothing of the date of these rules ; Dargun takes them 
 to be ancient survivals, because he holds them to be 
 survivals of the female line ; and, again, the existence of 
 the female line is held to follow from the great antiquity 
 of these rules. 
 
 Dargun has also made use of the rejpus to support 
 his theory. The rejpus is the fine which was paid by 
 a bridegroom on his marriage with a widow. The 
 persons to whom this fine was to be paid seem to have 
 been strangely selected, and the reasons for such selection 
 have never been satisfactorily explained. Neither do 
 we venture to explain them, and we only give our 
 reasons for rej ecting the explanation suggested by Dargun. 
 Rejpus was paid (1) to the son of the widow's daughter, 
 (2) to her sister's son, (3) to the daughter's son of her 
 mother's sister, (4) to her mother's brother, (5) to the 
 deceased husband's brother, (6) to his nearest kinsfolk, 
 as far as the sixth degree, if the person in question was 
 not his heir.^ Dargun regards the rejpus as a fine which 
 was imposed at a time when the marriage of widows was 
 still illegal, and he can only explain the fact that it was 
 not paid to the husband's kinsfolk, except in default of 
 uterine kinsfolk, because the latter were held to be the 
 only true kinsfolk.^ The assumption of an earlier 
 observance of the female line will not explain the two 
 most striking peculiarities of this sequence, namely, that 
 the mother's brother comes after the cousin's son, and 
 that only those of the husband's kinsfolk had a claim 
 who were not his heirs. 
 
 Amira has justly estimated these facts, which he 
 
 ' Grimm (p. 423) gives the son and brother's son as the first recipients 
 of the rejpus. 
 
 " Dargun, pp. 71, 141. Giraud-Teulon, p. 336. 
 
114 THE PEIMITIVE FAMILY. 
 
 explains by regarding the rejpus as a recompense paid 
 to the widow's kinsfolk, on account of the injury inflicted 
 by this second marriage on the expectations they enter- 
 tained of sharing the widow's property. Lectus stratus, 
 lectavia condigna, scammum coopertutn, cathedrae were 
 furniture belonging to the wife, and by the rules of the 
 Gerade they would fall to precisely those kinsfolk who 
 could claim the rejpus. The widow was, however, upon 
 her second marriage, bound to leave these objects in the 
 house of her former husband. It must be assumed that 
 some indemnification was required by the female kins- 
 folk for this loss, as well as for the disturbance of the 
 expectations arising from the dos, and the rejpus may 
 have served for such indemnification.^ We believe that 
 the meaning of this singular arrangement is truly given 
 in this suggestion, and it is confirmed by the limitation 
 of the payment of rejpus to such of the husband's kins- 
 folk as were not his heirs, which thus becomes intelli- 
 gible. For the husband's heirs were fully indemnified 
 by the achasius which was paid to them out of the 
 mundiuTn, when they gave up the widow. 
 
 The wife was not quite cut oflF from her family by 
 marriage ; several ties between her and her former family 
 still subsisted, and only those which were legal were 
 dissolved. She had grown up under the influence of her 
 own people, and could not withdraw from it without 
 difiiculty. The greater the power of traditions, and of 
 the way in which the popular fancy was busied in the 
 creation of myths, legends, and poems, the more unrea- 
 sonable would it be to suppose that marriage put an end 
 to aU the feelings which had previously been so active. 
 A married woman retained a faithful recollection of her 
 own people, and she would hush her child to sleep with 
 the songs of her former home, until it was inspired with 
 the same loves and hatred. The final reasons with which 
 Dargun seeks to support his assumption of a primitive 
 ' Amira, pp. 30-36. 
 
ARYAN PEOPLES. 115 
 
 female line ignore the force of this passion and sentiment, 
 and in this he shares Bachofen's point of view.^ In the 
 old legends it was not legal but spiritual bonds which 
 constituted the relation between mother and child ; it is 
 the patriarchal family which is actuated by passion and 
 sentiment. The child may be' more dependent on the 
 mother than on the father, and the wife may be more 
 dependent on the brothers and sisters than on her 
 husband; yet, however deeply rooted the sentiment 
 which attracts the child to its mother's family, it is still 
 the family of the mother's father. It is easy to under- 
 stand Tacitus's narrative : " Sister's sons are held in as 
 much esteem by their uncles as by their fathers ; indeed, 
 some regard the relation as even more sacred and bind- 
 ing, and prefer it in receiving hostages, thinking thus to 
 secure a stronger hold on the affections and a wider 
 bond for the family." ^ 
 
 Before bringing these researches to an end, we must 
 mention the Orestes myth, to which some writers have 
 ascribed great importance, as a proof of a primitive 
 female line.^ The well-known mythical story is as 
 
 ' Dargun, p. 50. Bachofen, Muiterrecht; Antiq., vol. i. The bond 
 between brothers and sisters is adduced as being especially noteworthy 
 and primitive. For the brother's sake the sister sacrifices not only the 
 husband, but the children which belong to her husband. This, again, 
 cannot be explained by the female line. Gudrun slays her husband AtU 
 because he had slain her brother. Signy helps her brother Sigmund to 
 avenge himself on her husband Siggeir, who had slain her father and her 
 other brothers ; but when the vengeance was accomplished she ascends 
 the funeral pile as a faithful wife, and is burnt with her husband. 
 Kriemhild, after long conflict, sacrifices her brother in order to avenge 
 her husband Seigfried. In this Bachofen traces the growing develop- 
 ment of marriage, which was primitively of no account. We, however, 
 see nothing in it but tales of the various and conflicting passions of the 
 human heart, and their different issue in different characters. The more 
 the mother is affected by the passions she had cherished in her patri- 
 archal home, the less we should feel disposed to connect this fact with 
 decadent customs. It is rather the growing life of a community which 
 is always becoming more firmly organized, and which bursts the bonds 
 formerly imposed upon the heart by the conditions of patriarchal life. 
 
 ' Tacitus, Germany arid its Tribes, p. 15. See Schrader, p. 389. 
 
 ' bachofen, Mutterrecht, p. 45. McLennan, Studies; Kinship in Ancient 
 Greece. Fison and Howitt, p. 122. 
 
116 THE PEIMITIVE FAMILY. 
 
 follows : Clytemnestra slew her husband Agamemnon ; 
 Orestes avenged his father by putting his mother to 
 death. The furies, on whom it was incumbent to avenge 
 blood-guiltiness, appear to have ignored Clytemnestra's 
 act, but wish to wreak vengeance on Orestes for his 
 mother's murder. Orestes spurns them from him, and 
 the complaint is brought before a tribunal, over which 
 Pallas Athene presides. Orestes affirms that there is 
 no tie of blood between him and his mother, but only 
 with his father, and that he ought not, therefore, to be 
 punished for the murder of Clytemnestra. Apollo de- 
 fends him, and Athene gives her sentence in favour of 
 Orestes, adducing her own birth without the aid of a 
 mother. Here, undoubtedly, iEschylus treats of the 
 same problem as that put forward by Plato, in accord- 
 ance with which the mother contributes nothing to the 
 child's being. The mother is to the child what the soil 
 is to the plant ; it owes its nourishment to her, but the 
 essence and structure of its nature are derived from the 
 father. We do not, however, believe that this justi- 
 fies the assertion that a growing agnatism was thus 
 prevailing over the waning female line. We have already 
 repeatedly opposed the idea that it is the power of 
 begetting which defines the ties of kinship ; we trace 
 a difierent world of thoughts and conceptions in the 
 poet's description. In the Homeric community, woman 
 played a more active part than was accorded to her in 
 that of the later Greeks. The Orestes myth shows that 
 she was so little esteemed as to be degraded into the 
 mere nourisher of the child. But there is a difierence 
 which must not be overlooked between a respect for 
 woman and the observance of the female line of descent. 
 It is hardly worth while to consider the other proofs 
 which have been adduced of a female line. Polybius 
 states that among the western Locri all the fame and 
 glory of descent were derived from the women, not from 
 the men. Bachofen confidently interprets this statement 
 
ARYAN PEOPLES. 117 
 
 as a proof that the Locri observed the female line.^ But 
 if we look more closely into the matter, we find much 
 reason to question this assumption. In their native 
 country there were a hundred families of distinction 
 among the Locri, from among whom the maidens desired 
 for sacrifice at Ilium were selected. Some of these 
 women accompanied the colony in its migration west- 
 ward, and their posterity were held to be of noble descent 
 up to a late period. This statement does not, therefore, 
 afford any proof of a female line of descent ; that is, we 
 cannot infer from it that descent was at any time usually 
 made to depend upon the mother. These women were 
 the most distinguished among the colonists; and we 
 have already seen that when the parents were of un- 
 equal birth, the child's descent was usually reckoned from 
 the nobler of the two. 
 
 In order to appease the wrath of Poseidon, it was 
 decided at Athens, under Kekrop's rule, that women 
 should no longer have the right of voting in the assembly, 
 that children should no longer bear their mothers' names, 
 and that the women themselves should cease to be called 
 Athenians. Bachofen infers from this a prior existence of 
 the female line.^ We are only concerned with the second 
 decree, that children should no longer bear their mothers' 
 names. But this decree does not imply that children 
 had up to that time been called after their mothers only ; 
 it only justifies us in inferring that they might also bear 
 their mothers' names. The existence of the female line 
 of descent would only be manifested by this decree if the 
 mother's name had been used exclusively.^ 
 
 ' Bachofen, Muiterreeld, pp. vi., 309. * Ibid., p. 41. 
 
 • It bas even been attempted to make use of the coutrast between 
 patricians and plebeians. " The patricians, some say, were so called 
 because they were the fathers of lawful children ; others, because they 
 could give a good account who their own fathers were, which not every 
 one of the rabble that poured into the city at first could do " (Plutarch's 
 ij»e«,'EomuluB, p. 53). The traces of a female line have also been dis- 
 covered in the fact that at the plebeian feast of Ceres neither the father 
 nor the son might be named. 
 
 12 
 
118 THE PEIMITIVE FAMILY. 
 
 We shall presently consider many questions which 
 aflfect the problem of the line of descent, but they extend 
 far beyond our present limits, and "we cannot treat of 
 them yet. The great simplicity with which our explana- 
 tion of the definition of kinship may be applied to all 
 races throughout the world, and the uniformity with 
 which, as we have seen, the same forces exert the same 
 influence, are a pledge, at any rate for the moment, of 
 the justice of our conception. The definition of kinship 
 results from the conflict between clans, and teaches us 
 nothing further with respect to the child's relation to its 
 parents. The choice between the two possible lines is 
 decided by the economic organization of the community 
 and by the local grouping of individuals ; but there is 
 not the slightest trace of the fact that considerations 
 with respect to the sexual relations had any influence in 
 the matter. 
 
SECTION 11. 
 
 THE PRIMITIVE FAMILY. 
 
 The conclusions to which we have come in the foregoing 
 section are so completely opposed to those which have 
 generally been accepted as correct, that we are bound to 
 take the utmost care in establishing our premisses. The 
 insignificant part assigned to ideas of blood-kinship and 
 of the conditions of propagation appears, indeed, to con- 
 tradict all previous theories. It has been supposed that 
 the tie of blood, still so powerful in modern society, and 
 a common descent, must have had an irresistible force in 
 primitive times ; and that these alone would have been 
 sufficiently powerful to control the conflicting elements, 
 and to effect a social development. It has been assumed 
 that the blood-feud, the tenacious cohesion of the family 
 group, the sacrifice to the dead, the inheritance of the 
 property of parents by their children, are simple facts . 
 which teach us that the tie of blood served as the 
 central point for the ideas of primitive consciousness. 
 Round this fixed point all the other ideas which bind 
 one man to another gradually clustered, and taught him 
 to adapt his own desires to those of others. It cannot, 
 however, be overlooked that in some cases the relations 
 of fathers to their children were rather of a legal charac- 
 ter than such as are due to the tie of blood. This has 
 been taken as a proof that the sense of fatherhood was 
 of later development, and that in primitive times the 
 child was held, to be allied by blood with the mother, 
 
120 THE PEIMITIVE FAMILY. 
 
 and not with the father. We have, however, seen that 
 the definition of kinship is nothing but a definition of 
 the clan, which is necessarily one-sided, since the clan 
 forms an exclusive group ; it has nothing to do with the 
 primitive organization of the family. Yet the forces 
 which dominate the clan-life of men will also influence 
 family life, and the organization of the primitive family 
 displays many peculiarities which can only be explained 
 in this way. 
 
CHAPTER 1. 
 
 FATHER AIJD CHILD. 
 
 Different position of father and mother — Fatherhood and procreation — 
 Licentious customs — Jus primae noctis — Juridical children. 
 
 The relation to the child is by no means the same in the 
 case of each parent, so that in communities constituted 
 on the uterine principle, the mother takes somewhat the 
 same position as the father does in those which are agna- 
 tistic. The mother's position is, with all its significance, 
 nearly always one of retirement, and the main interest 
 gathers round the father and his child. 
 
 Mackenzie tells us that among the Knisteneaux, fathers 
 are very indulgent to their children. Although the 
 father never comes forward as a dictator, yet he always 
 endeavours to train his sons to be efficient warriors and 
 hunters ; at the same time the mother seeks to teach her 
 daughters aU which it is necessary that they should know. 
 It does not appear that the husband makes any distinc- 
 tion between his wife's childi-en, even if they were be- 
 gotten by other men. Those children only are held to 
 be illegitimate whose mother has not yet lived with a 
 man as her husband. Chastity is, to aU appearance, not 
 regarded as a virtue, nor is conjugal fidelity a condition 
 of domestic happiness. When unfaithfulness is punished 
 by cutting ofl' the hair, by biting off the nose, or by 
 
122 THE TEIMITIVE FAMILY. 
 
 death, this is always because the woman has acted with- 
 out her husband's permission, for a temporary interchange 
 of wives is not uncommon, and it is one of the duties of 
 hospitality to offer the wife to a stranger guest.^ The 
 Knisteneaux is therefore not influenced by considerations 
 of paternity in his relations to his children. The female 
 line of descent is undoubtedly accepted by this tribe, 
 and this fact has been referred to their lascivious cus- 
 toms. Such a theory is, however, indefensible, since the 
 customs in question are widely diffused and prevail in- 
 differently among uterine and agnatistic peoples. They 
 were found in Australia among the tribes visited by 
 Eyre;^ among the Dieri and Wa-Imbio;^ among the 
 
 ' Mackenzie, p. xcvi. . 
 
 ' " Poeminae sese per totam pene vitam prostituutit. Apud plurimaa 
 tribus juventutem utriusque sexus sine disorimine coneumbere in usus 
 est. Si juvenis forte iudigenorum coetiim quendam la castris manentem 
 ailveniat ubi quaevis sit puella iunupta, mos est ; nocte Teniente et cuban- 
 tibus omnibus, illani ex loco exsurgere et juvenem accedentem cum illo 
 pe* nootem manere undo in sedem propriam ante diem redit. . Cui foemina 
 sit, earn amicis parte libenter praebet ; si in itinere sit, uxore in castris 
 manenti aliquis ejus supplet ille vires. Advenis ex longinquo aocedenti- 
 bus foeminas ad tempus dare hospitis esse boni jxidicatur. Viduis et 
 foeminis jam senescentibus saepe in id traditis, quandoque etiam iuvitis 
 et iusciis oognatis, adolescentes utuntur. Puellae tenerae a decimo primum 
 anno, et pueri a decimo tertio vel quarto, inter se misoentur. Senioribus 
 mos est si forte gentium plurium oastra appropinquant, viros nootu huic 
 iude transeuntes, uxoribus alienis uti et in sua oastra ex utraque parte 
 mane redire. Temporis quinetiam certis, machina quaedam ex ligno ad 
 formam ovi facta, sacra et myatica quam foeminas aspicere baud licitam, 
 decern plus minus uncias longa et circa quatuor lata insoulpta ao figuria 
 diversis ornata, et ultimam perforata partem ad longam (plerumque e 
 crinibus bumanis textam) inscrendam cbordam cui nomen Mooyumlcarr, 
 extra castra in gyrum versata, stridore Biagno e percusso aere facto, liber- 
 tatem coeundi juventuti esse tum concessam omnibus indicat. Parentes 
 saepe infantum, viri uxorum quaestum corporum faciunt. In urbe Ade- 
 laide panis praemio parvi aut paucorura denariorum meretrices fieri eas 
 libenter cogunt. Facile potest intelligi, amorem inter nuptos vix posse 
 esse grandem, quum omnia quae ad foeminas attinent, hominum arbitrio 
 ordinentuT, et tanta sexuum societati laxitas, et adolescentes quibus ita 
 multae ardoris explendi dantur oocasiones, baud magnopere uxorea, nisi 
 ut servas desideraturos " (Eyre, vol. ii. p. 320. See Fison and Howitt, 
 p. 202). 
 
 ' Fison and Howitt, pp. 205, 290. 
 
FATHER AND CHILD. 123 
 
 Polynesians/ the Fijians,^ and the Mikronesians ; ^ among 
 the Eskimos, the Kamskatchans, the Ischuktese, the 
 Mongols, and the Tartars ; * in Ceylon,^ in Africa,^ and 
 in North and South America.' 
 
 It is inevitable that wherever such customs prevail, 
 it must be difficult, if not altogether impossible, to point 
 out the actual father of the child. Yet nothing can be 
 confidently inferred with respect to the relations between 
 the father and son from these customs alone. The sav- 
 age's outlook is very limited, and ideas which appear to 
 us to be in close connection may in this case remain 
 detached from each other in his consciousness. When 
 he makes over his wife to his friend or guest, he does 
 not necessarily think of the consequences which may 
 result from this act; the idea of a possible child does 
 not enter his head at the time, and possibly not at a 
 later period. On the other hand, the idea of procreation 
 is quite apparent in other customs. 
 
 We are told that the Eskimos are very willing that 
 the Angekoks should have intercourse with their wives, 
 since in this way they believe that they shall obtain sons 
 who wiU excel aU others.^ The same thing is said of 
 the Keiaz of Paropamissus.' And of the Arabs we are 
 told "there is one form of marriage according to which 
 
 ' Waitz, vol. vi. p. 130. Meinicke, vol. ii. p. 305. VarigDy, p. 14. 
 Freycinet, vol. it pp. 587, 599. 
 
 2 Williams, p. 147. 
 
 » Waltz, vol. V. pp. 106, 130. Chamisso, vol. ii. pp. 209, 243. 
 
 * Boss, p. 517. Elemm, Die Frauen, vol. i. p. 52. Lesseps, Forster, 
 vol. iv. p. 214. Wood, p. 201. Lubbock, Orig. of Civil., p. 122. 
 
 ' Knox, p. 194. Peroival, p. 122. 
 
 6 Magyar, p. 282. Serpa Pinto, vol. i. p. 62. Isert, p. 222. Munzinger, 
 p. 525. 
 
 ' Von Martins, p. 121. Spix and Martins, vol. ii. pp. 492, 825. Waltz, 
 vol. iii. pp. Ill, 314, 388, 422. Gili, p. 293. Lubbock, p. 122. Herrera, 
 p. 336. Falbner, p. 157. See also, with respect to the excesses which 
 accompany festive gatherings — Eskimos, Basthohn, vol. i. p. 162 ; Abyssi- 
 nians, Bruce, vol. iii. p. 303 ; Califomians, Venegas, p. 80. Also the Mas- 
 sagetes, Strabo, book xi. p. 942; Troglodytes, Strabo, book xvi. p. 1404. 
 See also Plutarch's compaiison of Lyourgus with Numa. 
 
 ' Bastholm, vol. i. p. 162. ' Latham, vol. ii. p. 246. 
 
12i THE PBIMITIVB FAMILY. 
 
 a man says to his wife, when menstruation is over, ' Send 
 a message to such an one, and heg him to have inter- 
 course with you.' And he himself refrains from intercourse 
 with her until it is manifest that she is with child by 
 the man in question. The husband acts in this way in 
 order that his offspring may be noble." ^ The con- 
 sideration of these facts makes it impossible to in.sist on 
 the question of blood-relationship. On the one side 
 stands the father who begets the child, and transmits 
 his qualities to it ; on the other, the simple fact of pro- 
 creation involves no rights, and a man does not hesitate 
 to call himself the father of a child whom he knows 
 with absolute assurance to have been begotten by another. 
 
 We must here mention the well-known custom, jus 
 primae nodis, as a characteristic example of this two- 
 fold viesv of fatherhood. This term is usually applied 
 to the right of the feudal lord to sleep on the first night 
 with his vassal's bride ; but in its wider sense the term 
 includes all the customs which' permit one or more per-- 
 sons to pass the first night with the bride. Karl Schmidt, 
 in his work entitled "Jus Primae NoctiSj" has made a 
 thorough and intelligent study of the subject, and he 
 has come to the conclusion that it is not proved that 
 such a right, namely, a legitimate claim to the first night, 
 existed either in Europe or elsewhere, at any time or in 
 any place. The custom prevailed, sometimes as an abuse 
 of power, sometimes for other and better reasons, but 
 never as a right which might eventually be confirmed 
 by law ; and it is not creditable to Giraud-Teulon that he 
 aaserts it to be useless to look in Schmidt's book for the 
 reasons of his scepticism, or for any explanation of the 
 current tradition with respect to the so-called right.^ 
 
 Schmidt does not attempt to deny the fact, but he 
 
 wishes to define the clear distinction between right and 
 
 might, which has not hitherto been taken into account. 
 
 In words inaccurately quoted by Giraud-Teulon, he directs 
 
 ' Wilken,p. 26. « Schmidt, p. 41. 
 
FATHER AND CHILD. 125 
 
 attention to the fact that the connection between the 
 jiiis primae noctis and the hypothesis of a primitive state 
 of promiscuous intercourse is by no means certain. This 
 hypothesis is so visionary and uncertain that it demands 
 much further proof before it can be taken as the basis 
 of wider deductions. The jv^ priTnae noctis must be 
 shown to have had an historical existence, and cannot be 
 inferred from the assumption of a primitive state of pco- 
 miscuous intercourse. It is unintelligible that a people 
 which lived in sexual communism should exchange such 
 a practice for their lord's sole claim to aU women, or that 
 the lord should restrict his previously unlimited rights 
 to the evening of the wedding. As far as we are able 
 to follow the process of thought of primitive men, we 
 must assume, either that savages were so uncivilized as 
 to surrender their wives to the chief's pleasure at all 
 times, or that they were sufficiently civilized to protect 
 themselves against any invasion of marital rights, and 
 especially on the wedding night.'- In other matters we 
 find that usages tend to become extinct as soon as they 
 are limited to special occasions. Even if we set aside 
 Schmidt's evidence on this subject as insufficient, his 
 main argument is only the more firmly established : the 
 jiis primae noctis must be historically proved before 
 we can give credit to it. 
 
 It is not difficult for our modern consciousness to 
 understand that in the Middle Ages the feudal lord might 
 put in his claim to the wedding night, but it is too 
 readily forgotten that this kind of brutal jest would be 
 unintelligible among savagfes: Such an immoral custom 
 implies no slight advance in civilization, since its origin 
 would be inexplicable in the case of a people whose 
 unmarried girls were passed from hand to hand. If the 
 jv^ primae noctis is found among uncivilized peoples, 
 the chief is certainly not exercising a right, but rather 
 doing a service to the bridegroom by sleeping with his 
 ' Schmidt, p. 41. 
 
126 THE PRIMITIVE FAMILY. 
 
 bride.^ By this act of the chief, or of the priest, the 
 marriage at once received a special consecration, and a 
 numerous and distinguished family was promised to the 
 married pair. On the Malabar coast, for instance, the 
 bridegroom pays for such an act of coition.^ The custom 
 is founded on the same ideas which induce the Eskimos 
 to surrender their wives to the Angekok, and, in connec- 
 tion with ideas of the value of friendship, it is easy to 
 explain the custom by which the bridegroom surrendered 
 his bride to the wedding guests before he himself had 
 intercourse with her.* 
 
 These facts throw a strong light upon the bond 
 between the father and child, and we must go back a 
 long way in order to . understand this bond. Father and 
 child are united together by certain privileges, and 
 the latter is usually, but not necessarily, begotten by 
 the former. In addition to this legal relation and 
 to the stream of ideas deduced from it, there was a 
 sense of the influence of the actual father on the child's 
 character, and as time went on these two groups of 
 ideas, which were originally quite distinct, necessarily 
 became intermingled. We can adduce some curious 
 particulars on this subject. 
 
 The Liburni had their wives in common, and the 
 children were all brought up together until they were 
 five years old. They were then collected and examined 
 in order to trace their likeness to the men, and they 
 were assigned to their fathers accordingly. Whoever 
 received a boy from his mother in this way, regarded 
 him as his son.* It was customary among the Arabs 
 for several men, sometimes as many as ten, to own one 
 
 ' Azara, vol. ii. p. 141. Spix and Martina, vol. ii. p. 574 ; vol. iii. 
 pp. 1189, 1211. Herrera, p. 336. Garcilasso, p. 31. Waitz.vol. v. p. 111. 
 Schmidt, pp. 216, 309, 366. 
 
 2 IS!d.,pp. 313, 358. 
 
 ° Baleares, Baohofen, Mutterrecht, p. 12. Nasamones, Herodotus, 
 book iv. chap. 172. Schmidt, p. 38. 
 
 * ISactK>fen, Mntterreeht, p. 20. 
 
FATHEE AND CHILD. 127 
 
 ■wife; sLe afterwards decided to which of them the 
 child should belong, or else the woman was constrained 
 to pitch her tent by the road side, where every one, 
 except the men in question, might have access to her. 
 The child was then assigned by an expert to one of the 
 joint husbands, to be regarded as his own, which, in fact, 
 it was not.^ When a Hindu marries, all the children 
 previously bom from his wife become his own ; and in 
 Pakpatan, even when a woman has forsaken her husband 
 for ten years, the children which she brings forth are 
 divided between him and her lover.^ Among the Ma- 
 rianas, when a divorced wife or an unmarried woman 
 with children marries, the husband is regarded as their 
 true father.^ 
 
 It is not due to promiscuous intercourse and the 
 female line that blood-relationship is not the ground 
 for the legal connection between father and son. If the 
 female line — that is, a legal connection dependent on 
 the mother — had at any time its origin in the exclusive 
 recognition of the maternal tie of blood, this would 
 involve the thesis that the juridical relation was in 
 accordance with the facts of procreation. But in that 
 case the growing power of fatherhood would have dis- 
 played the same tendency, and would not have obtained 
 the superiority merely as a juridical order of things, 
 quite independent of considerations of blood. 
 
 » Wilken, p. 26. 
 
 ' Wade, Journal of Asiat. Soc. of Bengal, Tol. vi., 1837, p. 196. 
 
 ' Frejoinet, vol. ii. p. i. pt. 476. 
 
128 THE PEIMITIVE FAMILT. 
 
 CHAPTER IL 
 
 POLYANDRY. 
 
 McLennan's theory — Child murder and polyandry — Scarcity of women 
 and polyandry — Stages of polyandry — Transition to male line — Child 
 murder ■without significance — Promiscuous intercourse and polyandry 
 — Polyandry of Nairs — Polyandry of Thibetans — Eldest brother — 
 Limitations of marriage — Causes of polyandry — Forma of polyandry 
 — Family communism. 
 
 Exactly the same features are presented to us by the 
 external form of marriage ; and the inquiries which we 
 are about to make will complete the materials furnished 
 in the former chapter, and will carry us a good step 
 further. 
 
 McLennan believes that nothing has had so much 
 influence on the development of the family as poly- 
 andry, which he holds to have been the first stage of 
 progress, and necessary as a transition from promiscuous 
 intercourse to monogamous marriage. Polyandry alone 
 made such progress possible, and can itself become in- 
 telligible merely when we regard it as a stage of transi- 
 tion. McLennan's researches and theory have been 
 received with a consideration which is in many respects 
 weU deserved, for although his estimate of polyandry 
 has not been altogether accepted, and is scarcely entitled 
 to be so accepted, since the theory is too loosely con- 
 structed, yet aU that he has adduced displays such sound 
 judgment and perspicacity that hardly any other writer 
 
POLYANDRY. 129 
 
 on the subject is equally instructive. Even if the con- 
 clusive value of his suggestions is negative, a careful and 
 critical examination of them will repay us. 
 
 McLennan affirms that men originally lived in hordes, 
 in which there was much internal strife, in consequence 
 of which they were broken up into smaller hordes. It 
 is certain that these conflicts usually occurred about 
 women, and probably between groups of the horde, and 
 not between individuals ; the individual was compelled 
 to practise promiscuous intercourse, since he was unable 
 to take a wife for himself alone, to isolate himself, 
 and to found a family.^ 
 
 McLennan goes on to say that child-murder was 
 extensively practised by the hordes, the female infants 
 being usually put to death, since women were held 
 to be a source of weakness to the elan. This custom 
 made women scarce, and led both to polyandry and to 
 the introduction of alien women within the clan.^ The 
 later custom led to exogamy and to the symbol of rape 
 which is part of the wedding ceremonies of many peoples, 
 and polyandry subsisted independently as the germ of 
 the regular marriage forms of later times. It was the 
 first faint limitation of promiscuous intercourse, and was 
 called into being as soon as a scarcity of women made it 
 necessary to group the sexes. The first mode of group- 
 ing is found by McLennan among the Nairs, as it has 
 been described above; one woman lived with several 
 men, strangers to each other, and these had access to 
 more than one woman.* McLennan adds that it was a 
 step in advance when the woman, while still living 
 among her own people, no longer dwelt under her 
 mother's roof, but had a hut of her own, in which she 
 received her lovers.* The woman's migration to her 
 husband's house followed, that is, she was taken away 
 from her mother's dwelling in order to become a wife 
 
 ' McLennan. Studies, pp. 131, 131. Appendix XXXI. 
 * Ibid., p. 111. ' Ibid., p. 142. * lUd., p. U2. 
 
 13 
 
130 THE PEIMITIVE FAMILY. 
 
 common to a circle of brothers. In the two earlier 
 stages, the female line of descent is necessary, since the 
 father cannot be ascertained ; but in the latter stage, the 
 paternal line may begin to appear, since in this case 
 the husbands are brothers, so that the paternal blood, 
 although not yet the individual father, may be ascer- 
 tained. 
 
 McLennan, however, only regards considerations of 
 paternity as a secondary cause ; he holds it to be a much 
 more important fact that now that the woman inhabits 
 another house the course of succession in the female line 
 which has hitherto been followed will no longer keep 
 the property in the family, but must lead to a general 
 dispersion of the family possessions.^ Even in the earlier 
 stages it was possible for the man who had special 
 reasons for regarding himself as the father of a given 
 child to assign the inheritance to his son, to the exclu- 
 sion of the sister's son, since he was at liberty to give 
 as much as he pleased to the son before his death. If 
 such an attempt had played any important part in his- 
 tory, we must admit that the question of the paternity 
 would be decisive, and considerations as to the property 
 would only be the consequence, not the cause. 
 
 In his latest treatise, McLennan holds that in addition 
 to considerations as to the property, the consecration 
 of the dead was also a means of introducing the paternal 
 line of descent, so soon as there was a physical certainty 
 of fatherhood. By this consecration the child, or the 
 mother and her child together, were admitted into the 
 father's clan.^ It appears that, while McLennan holds 
 that the final impulse towards the introduction of the 
 paternal line was given by pecuniary interests, the wish 
 for such legal order was prompted by ideas of paternity. 
 He believes that men had originally no idea of kinship, 
 
 ' McLennan, p. 154. As we have already said, such conditions are 
 still to be found. Buchanan, vol. ii. p. 513 ; vol. iii. p. 16. 
 * McLennan, Pair. TIi., ch. xlii. 
 
POLYANDRY. 131 
 
 although they may always have been attracted to each 
 other by sympathetic feeling. Individuals were at first 
 assigned to a group, and not to another individual, and 
 the first idea of kinship did not regard men as belonging 
 to distinct families, but as brethren. The tie of blood 
 which is first apparent — that between the mother and 
 child — made the children of the same mother kinsfolk 
 by blood ; and as soon as fatherhood began to be as 
 certain as motherhood, it might be expected to obtain 
 recognition also.^ The force of this idea of kinship by 
 blood was so great that it overcame the tribal feeling. 
 The tribe could only retain its firm consistency as long 
 as the children to which alien and captive women gave 
 birth were assigned to the tribe and not to the mother.^ 
 We shall consider in succession all the points included 
 in this theory ; for the present we must content ourselves 
 with discussing the point which refers to polyandry. 
 
 It is not proved that the tribes which practise child- 
 murder put to death the female infants by preference. 
 Lubbock and Darwin regard this as an open question,^ 
 while Giraud-Teulon says with decision that there was 
 no motive for killing the girls rather than the boys; 
 the women kept house for the tribe, and were of great 
 use.* He adds, in agreement with Spencer, that poly- 
 andry was not the necessary consequence of the pre- 
 vailing custom of putting female infants to death, since 
 in primitive communities many men died by violence, 
 and in this way the respective balance of the sexes wasy 
 automatically adjusted.® Spencer justly remarks that 
 if female infants were put to death in all the tribes, the 
 scarcity of women could not be supplied by capture from 
 without.^ In addition to these remarks, it must be 
 stated that it is an untenable assumption that female 
 
 ' McLennan, Studies, pp. 121, 122. Appendix XXXII. 
 
 ' Ibid., p. 184. Appendix XXXIII. 
 
 ' Lubbock, Origin, etc., p. 129. Darwin, Descent of Man, vol. ii. p. 364. 
 
 * Griraud-Teulon, p. 115. * Spencer, Principles of Soc, p. 646. 
 
 » Ibid., p. 648. Giraud-Teulon, p. 113. 
 
132 THE PEIMITIVE FAMILY. 
 
 infants are put to death in some tribes and not in others, 
 and that the former obtain women by capture from the 
 latter. It has been suggested that the motive for the 
 murder of female infants is the fear of becoming the object 
 of the predatory instincts of other tribes ; whence we 
 must conclude that the tribe which keeps its women 
 alive is tolerably strong ; those tribes which lack women 
 cannot, therefore, obtain them by violence to any great 
 extent. It also seems to be a strange thing to kill the 
 female infants from a dread of being exposed to attack, 
 and at the same time to seek to increase the number 
 of women by carrying them off by violence from other 
 tribes. 
 
 This' does not, however, affect the main point of 
 McLennan's theory, which is as follows : — There is 
 nothing in a scarcity of women which could lead a com- 
 munity accustomed to promiscuous intercourse to adopt 
 polyandry ; on the contrary, such a scarcity would 
 make it more difficult to set limits to promiscuous inter- 
 course. The latter is indeed polyandry, inasmuch as 
 the woman has more than one lover, and this character- 
 istic would be encouraged rather than checked by any 
 scarcity o£ women. Marriage, or the exclusive posses- 
 sion of one woman by one or more men, would become 
 more easy in proportion to the increase in the number 
 of women, since the conflict between the lusts of the 
 men would necessarily become less intense. It there- 
 fore becomes necessary to trace the transition from 
 promiscuous intercourse to polyandry to other sources 
 than the scarcity of women. 
 
 The promiscuous intercourse of the primitive com- 
 munity is the fundamental assumption of McLennan's 
 theory; and to this assumption another is added — that 
 there is a blood-tie between the child and its mother, 
 while uncertainty with respect to the father does not 
 admit of any tie of fatherhood. McLennan considers 
 that these assumptions may be taken for granted, so 
 
POLYANDRY. 133 
 
 that he does not trouble himself about proofs. We have 
 shown that such an assumption is erroneous, and we 
 think it open to question whether polyandry aflFords the 
 proofs of promiscuous intercourse, and whether polyandry 
 was generally practised and developed through the 
 stages given by McLennan. The Levirate, the Niyoga, 
 and the inheritance by brothers,are regarded by McLennan 
 as proofs of polyandry; he holds that whenever these 
 are found, polyandry must at some time or other have 
 been practised. McLennan has dwelt so exclusively on 
 this point that he has almost lost sight of the previous 
 condition of promiscuous intercourse. And thus it 
 appears that the assumption of promiscuous intercourse 
 only forms an essential part of McLennan's theory as the 
 basis of polyandry; and this makes it more necessary 
 to discover whether polyandry affords any clear indica- 
 tions of promiscuous intercourse. 
 
 We have shown above that this is not the case with' 
 the Nair-type. This type is, indeed, that of men living 
 in promiscuous intercourse, but it is certainly not to 
 be regarded as a primitive; but rather as an ultimate 
 type. If we have to distinguish between the two forms, 
 the distinction is merely quantitative, since the Nair 
 woman only holds intercourse with from ten to twelve 
 at a time ; the limit set to the freedom of sexual inter- 
 course is, however, not so much legal, as one which 
 arises from the transitory nature of things. If we could 
 agree with McLennan in regarding the Nair practice as 
 the primitive and very slight limitation set to absolutely 
 promiscuous intercourse, we should be compelled to 
 admit that his theory was a plausible and successful 
 d priori construction. Nothing would be more natural 
 than the conversion of this quantitative limit into one 
 of quality, such as we find in the polyandry practised 
 in Thibet, where the woman is not restricted to a definite 
 number, but to a definite group, that is, to several 
 brothers. But everything depends on the question 
 
134 THE PEIMITIVE FAMILY. 
 
 whether experience justifies the d priori inference that 
 there ai'e indications in the polyandry of Thibet which 
 show that promiscuous intercourse and the polyandry of 
 the Nairs are its regular and necessary preliminary stages. 
 The polyandry of Thibet is described as follows : — 
 "When an eldest son marries, the property of his father 
 descends to him, and he is charged with the maintenance 
 of his parents. They may continue to live with him if 
 he and his wife please ; if not, he provides them with a 
 separate dwelling. A younger son is usually made a 
 Lama. Should there be more brothers, and they agree 
 to the arrangement, the juniors become inferior husbands 
 to the wife of the elder ; all the children, however, are 
 considered as belonging to the head of the family. The 
 younger brothers have no authority, they wait upon the 
 elder as his servants, and can be turned out of doors at 
 his pleasure, without its being incumbent upon him to 
 provide for them. On the death of the eldest brother 
 his property, authority, and widow, devolve upon his 
 next brother."^ "Nor is this sort of league [living 
 together] confined to the lower ranks of people alone ; it 
 is found also frequently in the most opulent families." ^ 
 " The Kunawarees are all polyandrists, i.e. one house or 
 family has usually but one wife only, and she is con- 
 sidered as more particularly the wife of the eldest 
 brother." ^ Cunningham describes the arrangement some- 
 what differently from Moorcroft ; he says that the father 
 does not give way to the son on his marriage, and that 
 the younger brothers have the right of demanding their 
 share of the inheritance, if they wish to build houses 
 for themselves;* but the latter arrangement is, as we 
 observed in our remarks on India, merely to be regarded 
 as a variation in the way in which the property of the 
 joint family group is ordered. 
 
 ' Moorcroft, vol. i. p. 321. ' Turner, p. 349. 
 
 " Cunningham, Journal of Asiat. Sac. of Bengal, 1844, vol. xiii. vt i. 
 p. 178. * Ibid., p. 203. 
 
POLYANDEY. 135 
 
 The character of polyandry is adapted in every re- 
 spect to this organization of the joint family group. The 
 eldest brother is in all things the representative of the 
 family, and McLennan admits that this position of autho- 
 rity is the reason for assigning the children to him by 
 preference. I do not see, however, why this position 
 of authority may not also have affected the mutual rela- 
 tions of the brothers in their quality of husbands. The 
 accounts that we have quoted show that, strictly speak-, 
 ing, it is only the eldest brother who is married, and 
 that the younger ones are not husbands, but merely 
 specially authorized lovers. There is nothing to indicate 
 that the band of brothers, as such, take a wife in com- 
 mon ; that is, that the marriage is the act of the whole 
 community. Whoever maintains the primitive character 
 of promiscuous intercourse, must be able to explain how 
 a woman's right to bestow her favours on any man what- 
 ever gave place to the obligation of contenting herself 
 with the brothers of the family group. Such a problem 
 is not presented by the facts, but one which is altogether 
 different, namely, how the woman's right to hold inter- 
 course with one husband, which was involved in the 
 marriage tie, could have been extended to a right to 
 hold intercourse with several. The causes are the more 
 easy to find, since we already know that the surrender 
 of a man's own wife was a natural expression of friendly 
 feeling among primitive peoples; and hence we under- 
 stand that if a joint family group wished for any reason 
 to have only one woman in the family, they had no 
 choice but this — either one of the male members of the 
 family could marry, while the others either remained 
 celibate, or contracted illegitimate connections in alien 
 families ; or else the household wife became common to 
 all the brothers. 
 
 In some districts the eldest brother's privileges with 
 respect to marriage are very remarkable. Butler states 
 that in Assam the younger brother may not marry before 
 
136 THE PRIMITIVE FAMILY 
 
 the elder, unless the latter has given his permission in 
 writing ; after which the elder brother is himself forbidden 
 to marry, since he has thereby forfeited the right to form 
 any such connection. If he should, notwithstanding, 
 subsequently marry, he is usually shunned as an outlaw.^ 
 The Brahmans on the Malabar coast are afraid of in- 
 juring their position by too numerous marriages, and 
 for this reason the younger brothers rarely many, but 
 , live with the Nair women as their favoured lovers.^ In 
 Thibet there are valid reasons which make it desir- 
 able to restrict the number of marriages. The unfruitful 
 soil inspires a dread of any rapid increase of the popula- 
 tion; during the man's absence, the wife enjoys greater 
 protection if she has more than one husband, and when 
 she is shared by several persons the children also are 
 better cared for.* The younger brother cannot, like the 
 Malabar Brahman, seek to solace himself outside his 
 family, since he must in that case maintain his wife and 
 child, or pay a fine to his family.* Polyandry thus be- 
 comes the necessary consequence of restrictions on the 
 liberty of mamage. 
 
 Spencer does not regard these facts as reasons which 
 will account for the origin of polyandry, but only for its 
 persistent continuance ; he thinks that its origin is due 
 to the growing tendency to restrict promiscuous inter- 
 course.^ Spencer cannot agree with those who regard 
 poverty as the efBcient cause, since we find that in Ceylon 
 polyandry is practised by the nobles, not by the common 
 people.* I do not see, however, why we should assign 
 precisely the same reasons in all cases. The polyandry 
 of brothers arose in a joint family group, under the 
 pressure of varying circumstances, and it cannot be 
 
 ' Butler, p. 227. Spix and Martina, vol. iii. p. 1185. 
 
 ' Buchanan, vol. ii. p. 425. Duncan, Asiat. Ees., 1798, vol. v. p. 13. 
 
 ' Spencer, Prin. of Sob., p. 677. 
 
 ' Cunningham, Journal of Asiat. Soc. of Bengal, 1844, vol. jdii. pp, 
 
 ' Spencer, Prin. of Soc., p. 665. ' Knox, p. 197. 
 
POLYANDRY. 137 
 
 doubted that among these pecuniary interests played an 
 important part. We are told that among the Shinar, 
 those who are wealthy have each their own wife, but 
 that the poor content themselves with a wife for each 
 circle of brothers.^ It was also the case in Sparta that 
 brothers whose wealth just sufficed to provide for their 
 common meals were content with a joint wife.^ In that 
 country it was likewise thought seemly for a husband 
 to choose a brave and distinguished friend to sleep with, 
 his wife.^ 
 
 Among the Kolosch people, the man kept a substitute, 
 whose duty it was to protect his wife and dwelling during 
 his absence, and this was also the case with the Aleuts* 
 Ross states that when the Eskimos have no children, the 
 husband has the right of taking another wife, and the 
 wife another husband.^ We cannot doubt by what 
 motive they were actuated in these cases. 
 
 In Nukuhiva, one of the Marquesas Isles, where there 
 is a great deficiency of women, the women, and specially 
 those of higher rank, live in polyandry; yet the first 
 man with whom they live is regarded as the husband, 
 the others are only lovers.^ 
 
 We learn from Strabo that the Arab conditions re- 
 sembled those in Thibet. "A man's brothers are held 
 in more respect than his children. The descendants of 
 the royal family succeed as kings, and are invested with 
 other governments, according to primogeniture. Property 
 is common among all the relations. The eldest is the 
 chief. There is one wife among them all. He who enters 
 the house before any of the rest has intercourse with 
 
 ' Buchanan, vol. ii. p. 416. 
 
 2 Schomann, p. 140. Bachofen, p. 198. 
 
 ' Grote, vol. i. p. 609. Plutarch, compaiison between Lycnrgus and 
 Kuma. 
 
 * Waitz, vol. iii. p. 328. Ibid., p. 308. 
 
 ' Boss, Voyage of Discovery, p. 72. The Avanos and Maypures (Hum- 
 boldt and Bonpland, vol. iv. p. 477). 
 
 » Waitz, vol. vi. p. 128. 
 
138 THE PRIMITIVE FAMILY, 
 
 her, having placed his staff at the door ; for it is a neces- 
 sary custom to carry a staflf. The woman, however, passes 
 the night with the eldest. Hence the male children are 
 all brothers. They have sexual intercourse also with 
 their mothers. Adultery is punished with death, but an 
 adulterer must belong to another family." ^ The fact that 
 the wife passed the night with the eldest clearly shows 
 that he was held to be the actual husband. Even at the 
 present day the Arab women are very unchaste after 
 marriage, while they are perfectly chaste when still 
 unmarried.^ 
 
 There is another form of polyandry, according to 
 which several brothers have intercourse in common with 
 several sisters. Csesar ' states that he found this to be 
 the custom among the Britons. Dargun acutely remarks 
 that since philology shows that the Aryan race lived in 
 monogamous union before their dispersion, this poly- 
 andry of the Britons must have been of subsequent 
 origin, and as this conclusion seems to him to be absurd, 
 he rejects the monogamous marriage of Aryans.* In this, 
 as in other cases, we do not agree with him. On the 
 contrary, Csesar's report confirms our belief that fraternal 
 polyandry in the joint family group was not due to a 
 licentious view of the marriage tie, but it was an expres- 
 sion of the communism which is characteristic of this 
 organization j different reasons lead at different times to 
 this interpretation of marriage. Indifference with re- 
 spect to the actual progenitor makes polyandry possible, 
 without destroying the relation between father and child. 
 I find no grounds for the doubts which Heam throws on 
 the truth of Csesar's account.^ 
 
 ' Stiabo, book xvi. p. 213. ' Burkhardt, p. 110. MuDzinger, p. 226. 
 
 ' " Uxores habent deni duodenique inter se communes, et maxime fratrea 
 cum fratribus, parentesque cum liberis : sed, si qui sunt ex his nati, eorum 
 habeutur liberi, a quibus piimum virgines quaeque deduotae sunt " (Csea., 
 De Bell. GaU., Lib. v. xiv.). See Dio. on the Plots, " Caledonians and 
 Meates." 
 
 * Dargun, p. 130. » Heam, p. 150. 
 
POLYANDKY. 139 
 
 We can to this day observe this form of polyandry 
 flourishing among the Todas, together with the recog- 
 nition of juridical fatherhood.^ The usual communism 
 of the village and family with respect to property is 
 practised by this people in its most essential features. 
 The brothers generally live together, and the eldest of 
 them has the right to select a wife as soon as he comes 
 to man's estate. The other brothers, however, take part 
 in the wedding ceremonies, and as they grow up, they 
 are received by her as her husbands. If the wife has 
 sisters, these become, as soon as they are marriageable, 
 the brothers' wives, without any further ceremonies. In 
 this we simply see the connection of one household with 
 another. The children are so distributed among the 
 brothers that the eldest brother takes the eldest child, 
 and so on in succession. If a man has no children, he is 
 derided and despised, and he is therefore willing that his 
 wife should try to supply the want by means of other 
 men. The Todas are undoubtedly altogether indifferent 
 as to the actual paternity. Polyandry has become a 
 necessity, because they usually put the female infants to 
 death, and women are scarce ; but it may be doubted 
 whether polyandry was induced by this deficiency, or 
 whether polyandry, which made many women unneces- 
 sary, did not rather lead to the extensive practice of 
 child-murder. 
 
 We think that we have now shown that polyandry 
 belongs to the category of facts which have to do with 
 the ordinary family communism, and especially with the 
 joint family group. The date of its origin cannot there- 
 fore be earlier than that of the aforesaid communism, and 
 polyandry does not forfeit its character of a marriage in 
 which there are authorized lovers, while the individual 
 never quite loses his personality in that of the family. 
 There is no warrant for the attempt to regard polyandry 
 
 ' As described by Spencer. See also Wilkes, vol. i. p. 54. With these 
 the Agathyrsis may perhaps be classed (Herodotus iv. chap. 104). 
 
140 THE PRIMITIVE FAMILY. 
 
 as a survival of promiscuous intercourse. Neither of 
 these conditions is implied by the general indifference 
 with respect to fatherhood ; it is, on the contrary, the 
 indifference which already existed which made it so easy 
 for polyandry to arise in every circle of which the 
 members lived in a joint household. But the readiness 
 with which it was adopted does not entitle us to declare 
 that polyandry was at any time the universal form of 
 marriage. McLennan, who believes in such universality, 
 deduces other facts from it ; as we have already said, he 
 traces a connection between polyandry and the Levirate 
 and Niyoga, so that where these occur, polyandry must 
 formerly have prevailed. We must now consider these 
 two phenomena. 
 
CHAPTER ni 
 
 THE LEVIKATE AifD NIYOGA. 
 
 The Levirate — Jews and Hindus — ^Maine's theory — Mayne's theory — Soa 
 of appointed daughter — Juridical character of fatherhood — Niyoga — 
 Marriage a,ni patriapotestas — The Levirate and Polyandry — Spencer's 
 theory — Iranian Levirate and Niyoga — Ossetian Levirate — Juridical 
 motherhood. 
 
 The term Levirate is given to the strange custom which 
 enjoins a man to marry the widow of his hrother, if he 
 die childless, in order to raise up children to the dead 
 man, to whom the children produced by such a marriage 
 were supposed to belong. This obligation only existed 
 if the man was altogether childless, for if he left a 
 daughter the matter took another turn, and the daughter's 
 son took a son's place. 
 
 There is no good reason against the opinion that the 
 constraining duty of raising up seed to the deceased 
 brother was prompted by the eager desire to have a son 
 who might offer the needful sacrifices to the dead man. 
 But why such a wish should impose this duty of the 
 Levirate on the brother is altogether unintelligible if we 
 forget the juridical character of fatherhood among primi- 
 tive men. 
 
 The phenomenon is best known among the Jews and 
 the Hindus, and is given in the following words : — 
 
 " If brethren dwell together, and one of them die, and 
 have no childj the wife of the dead shall not marry 
 U 
 
142 THE PEIMITIVB FAMILY. 
 
 without unto a stranger : her husband's brother shall go 
 in unto her, and take her to him to wife, and perform 
 the duty of an husband's brother unto her. And it shall 
 be, that the firstborn which she beareth shall succeed in 
 the name of his brother which is dead, that his name be 
 not put out of Israel. And if the man like not to take 
 his brother's wife, then let his brother's wife go up to 
 the gate unto the elders, and say, My husband's brother 
 refuseth to raise up unto his brother a name in Israel, he 
 will not perform the duty of my husband's brother. 
 Then the elders of his city shall call him, and speak 
 unto him : and if he stand to it, and say, I like not to 
 take her ; then shall his brother's wife come unto him in 
 the presence of the elders, and loose his shoe from off his 
 foot, and spit in his face, and shall answer and say, So 
 shall it be done unto that man that will not build up his 
 brother's house. And his name shall be called in Israel, 
 The house of him that hath his shoe loosed." ^ 
 
 It is also written in the Manu, that " On failure of 
 issue by the husband, if he be of the servile class, the 
 desired ofispring may be procreated, either by his brother 
 or some other sapinda, on the wife, who has been duly 
 authorized : Sprinkled with clarified butter, silent, in 
 the night, let the kinsman thus appointed beget one son, 
 but a second by no means, on the widow or childless 
 wife : By men of twice-born classes no widow, m^ child- 
 less wife, must be authorized to conceive by any other 
 man than her lord." ^ 
 
 We may here note that the Hindus combine the 
 Levirate with the Niyoga, according to which the childless 
 wife might be espoused in her husband's lifetime. This 
 practice was unknown to the Jews ; by the Jewish law 
 the Levir was actually married to the widow, but this was 
 not the case with the Hindus. It has been asserted that 
 among the Jews the Levir obligation was only incumbent 
 
 ' Deut. XXV. 5-10. See also Judah and Tarnar (Gen. xxxviiL). 
 ' Manu, chap. ix. 59-64. 
 
THE LEVIBATE AND NIYOGA. 143 
 
 on the brother who had lived in the same city or district 
 with the dead man, by which, perhaps, the joint family 
 group is meant ; or, again, that it was only in force when , 
 the surviving brother was unmarried.^ We shall pre- 
 sently be able to estimate the force of this distinction. 
 
 Sir Henry Maine, in his work on " Early Law and 
 Custom," has attempted to explain the Hindu Levirate by 
 their desire for ofispring, and he connects it with other 
 customs which are still in force, and which enable the 
 sonless man to obtain sons without having begotten them. 
 He mentions as the most important of these customs, 
 adoption and the consecration of daughters, that is, con- 
 stituting the daughter's firstborn son the son and heir. 
 He regards these two usages as the most primitive, and he 
 believes that the Levirate, and subsequently. the Niyoga, 
 were only degenerate forms.arising fro'm misuse of the legal 
 fictions which are customary in primitive communities. 
 The conflict between belief and actual facts is really 
 amazing, but it proves to us what power is exerted by 
 legal ideas in primitive communities. And to none of 
 these is a man more indebted than to those which estab- 
 lished an artificial production of kinsfolk.^ We shall see 
 presently that our view of its connection with these 
 ideas differs from that expressed by Maine ; but for the 
 present we lay no special stress upon this fact, since the 
 thing itself, adoption, etc., actually occurs, and the child 
 thereby becomes responsible to the new father, as if he 
 were reaUy its progenitor. It may, however, be ques- 
 tioned whether a blood-tie was supposed to be created by 
 this expedient, and not rather a merely legal connection, 
 which would be of equal strength and validity, whether 
 it took place at the child's birth or at some later 
 period. 
 
 J. p. Maj-ne has put forward a theory with reference 
 to the character of the paternal relation which is in 
 agreement with the point of view advocated by us. 
 
 • Michaelis, vol. ii. p. 207. ' Maine, Ancient Law, p. 130. 
 
144 THE PEIMITIVB FAMILY. 
 
 According to law, the man to whom the mother belonged 
 counted the son to be his own. And the son's owner 
 could give him up to be the son of another man, just as 
 an emancipated son might give himself up to any one he 
 pleased to be his father.^ Starting from this juridical 
 point of view, the Levirate and the Nij'oga present no 
 special difEculty. Sir Henry Maine thinks that the Niyoga 
 is of later date than the Levirate, but J. D. Mayne is, I 
 believe, justified in regarding the Levirate as merely an 
 enlarged form of the Niyoga, which came into effect after 
 a man's death. The indissoluble character of marriage 
 would explain why the Levir child was ascribed to the 
 dead husband, just as the Niyoga child was ascribed to 
 him when he was still alive. Sir Henry Maine's process 
 of thought on this point does not seem to be quite clear ; 
 we cannot fail to remark a certain vagueness in his con- 
 ception of the part played by the tie of blood. Maine 
 himself considers that kinship was, speaking generally, 
 based upon authority ; and yet he seeks to connect the 
 Levirate and Niyoga with an imaginary tie of blood 
 between father and son. In order to do this, he selects 
 as his starting-point the father's right of appointing the 
 firstborn son of his daughter, that is, the dedication of 
 the daughter. (See Table, next page.) 
 
 J. D. Mayne explains this classification of sons by the 
 supposition that it was in accordance with the old order 
 that a girl without brothers should return to the men 
 of her own family and be to them as a son. In this 
 way the father continued to be the guardian of his 
 married daughter, and might take her son, if he so 
 pleased. This only took place when the contract of 
 marriage included an express reservation of the right 
 of guardianship.^ McLennan expresses a similar opinion, 
 and he is directly opposed to Maine's attempt to prove 
 that by a fictitious arrangement the mother's father was 
 able to regard his daughter's sCn as the fitting represen- 
 1 J. D. Mayne, p. 59. » Ihid., p. 68. 
 
THE LEVIGATE AND NIYOGA. 
 
 145 
 
 Table of the Different Modes op procumiig Sons, and theik Successivb 
 Order, as given by Different Adthorities (J. D. Mayne, p. 60). 
 
 S 
 1?| 
 
 <1J 
 
 a ^ 
 
 = s 
 
 OS OS 
 
 
 ga 
 
 ■sa 
 
 31 g 
 
 
 
 
 
 
 
 
 
 
 
 
 
 £ 
 
 
 
 
 
 
 
 
 
 
 
 
 a 
 
 ^ 
 
 
 
 
 
 cj C, 
 
 .1 
 1? 
 
 li 
 
 ii 
 
 •ca 
 
 .i 
 
 it 
 
 3l 
 
 > O 
 
 
 
 
 
 
 
 CQOQ 
 
 gS 
 
 
 M 
 
 QS 
 
 ^S 
 
 9 
 
 13 
 
 4 
 
 5 
 
 10 
 
 7 
 
 8 
 
 — 
 
 3 
 
 4 
 
 12 
 
 6 
 
 7 
 
 12 
 
 8 
 
 — 
 
 9 
 
 11 
 
 8 
 
 12 
 
 3 
 
 4 
 
 9 
 
 6 
 
 11 
 
 
 
 7 
 
 9 
 
 8 
 
 12 
 
 5 
 
 — 
 
 9 
 
 11 
 
 10 
 
 8 
 
 8 
 
 11 
 
 9 
 
 
 
 10 
 
 7 
 
 10 
 
 — 
 
 7 
 
 12 
 
 8 
 
 9 
 
 7 
 
 — 
 
 9 
 
 11 
 
 12 
 
 6 
 
 8 
 
 
 
 9 
 
 10 
 
 11 
 
 7 
 
 11 
 
 7 
 
 3 
 
 6 
 
 5 
 
 4 
 
 8 
 
 12 
 
 i 
 
 — 
 
 9 
 
 6 
 
 > a> 
 OQCQ 
 
 Baudhayana, ii. 22, §§ 10-23 
 Gautama, xxviii. §§ 32, 33 
 VasisUta, xvii. §§ 9-21 > 
 Vishnu, XV. §§ 1-27 J 
 
 Manu, ix. §§ 158-160 \ 
 Kalika Puraua, 3 Dig. 155 V 
 Tajnavalkya, ii. §§ 128-132 
 Narada, xiii. §§ 45, 46 
 Sanoha and Lioliita, 3 Dig. 
 
 151 
 
 Harita, 3 Dig. 152 .. . 
 Devala, 3Dig. 153... 
 Yama, 3 Dig. 154 ... 
 Vrihaspati, 3 Dig. 162, 171 
 Brahma Parana, 3 Dig. 1741 
 
 2 
 3 
 
 C) 
 2 
 3 
 
 3 
 5 
 2 
 3 
 2 
 3 
 
 10 
 
 12 
 11 
 
 10 
 
 11 
 
 10 
 12 
 
 12 
 11 
 10 
 12 
 
 11 
 
 (») Mitakshara (i. 11, § 35) explains the low position assigned by Gautama to the 
 BOQ of an appointed daughter as being relative to one differing in tribe. (») The 
 son of an appointed daughter is not specified in Manu's list of twelve sous. He 
 had been already described, and stated to be equal to an actual son (Manu, 
 is. §§ 134-136). 
 
 tative of an actual son.'- Sir Henry Maine writes that 
 the daughter served as the channel through which her 
 
 » McLennan, Pair. Theor., p. 288. On p. 269 he finds fault with J. D. 
 Mayne for admitting that it is less easy to explain this class of sons than 
 the others. We do not think that this blame is deserved. Mayne must, 
 indeed, first explain how the father was able to retain the guardianship of 
 his married daughter. It cannot, however, be denied that this last work 
 of MoLennan's ia characterized th*oughout by an embittered tone, and a 
 petty and contradictory spirit which makes a painful impression on the 
 reader. 
 
U6 THE PEIMITIVE FAMILY. 
 
 father's blood flowed into her son, and that this was 
 originally, as he supposes, accompanied by an express 
 declaration of the father's will, together with some 
 religious ceremonies. This was the case in Athens, 
 where a son derived from such a marriage appears to' 
 have been received into his mother's family with the 
 customary forms of adoption; he received the family 
 name together with the rights of guardianship over his 
 mother.^ The daughter's son thereby became an adopted 
 son, and when Maine thus strongly insists on the fact that 
 the mother was the channel through which the father's 
 blood was transmitted to the son, I think that he does 
 so in order to explain why the men of early times dis- 
 played a special preference for the adoption of the 
 daughter's son. This power of adoption is connected 
 with the clan, with the Sapindas and Samanodocas, and 
 the position of the sister's son would therefore • indicate 
 a recognition of cognate kinsfolk, like that already 
 described as Bandhus or Bhinnagotra.^ McLennan has 
 paid little attention to this fact, but has simply rejected 
 the whole theory, because it does not agree with the 
 fact that there was a total dissolution of any connection 
 between uterine kinsfolk in the agnatistic community.^ 
 We have already pointed out that this last assertion is 
 altogether erroneous. At the same time Maine is mis- 
 taken in basing the adoption of the daughter's son on 
 considerations of the ties of blood, instead of simply 
 connecting them with the custom which prevails among 
 so many peoples, in virtue of which the firstborn child 
 was surrendered to the father-iu-law as purchase money 
 for the wife. 
 
 The same remarks apply to Maine's views with respect 
 to the Niyoga-son. He writes that when a man dies 
 without children, neither the adoption nor the dedication 
 
 • Maine, Early Law, p. 92. 
 
 ' McLennan, Patr. Theor., p. 275. 
 
 ' Maine, Early Law, p. 107. See Appendix XXXIV. 
 
THE LEYIBATE AND NIYOGA. 147 
 
 of the daughter can take place, and another method of 
 preserving the dead man's name is adopted. The force 
 of analogy will represent the Niyoga-son (in this case 
 equivalent to the Levir-son) as strongly resembling the 
 actual son. Both are born from the ■wife or widow, and 
 although her husband's blood may not flow in the veins 
 of the Niyoga-son, yet it is at any rate that of his race.^ 
 To this we add that the law demanded that the Niyoga 
 should be a Sapinda or Sagotra of the deceased man ; if 
 otherwise, the child belonged to the former, and not to 
 his dead brother.^ 
 
 McLennan makes the following objections to this 
 opinion : (1) that the Niyoga or Levir-son could not, 
 in the case of a people which set a special value on 
 fatherhood, be held to be the same as an actual son, and 
 (2) that it is incumbent on Sir Henry Maine to show 
 how the blood of the individual could be preserved by 
 Niyoga; the preservation of the family was not the 
 question, since there was no danger of its extinction. 
 He infers that Sir Henry Maine has missed the true 
 bearings of the question. 
 
 These objections are not valid, since Maine only 
 proposes to explain how it was possible to feign the 
 validity of the Niyoga sonship. Such a fiction became 
 possible (1) because the Niyoga-son, born from the dead 
 man's wife, is Sapinda to him, and (2) because his blood 
 is in reality that of the family McLennan's criticism 
 would only be well founded if Maine had undertaken to 
 explain the reason of the Hindu belief that the Niyoga 
 or Levir-son was actually begotten by his fictitious 
 father ; he is, however, not concerned with the unreason- 
 ableness of the idea- 
 There can be no doubt that the considerations sug- 
 gested by Sir Henry Maine influenced in many respects 
 the growing development of Hindu family life ; the idea 
 of blood-kinship did not, however, produce, but rather 
 ' Maine, Early Law, p. 102. " McLennan, Patr. Theor., pp. 277, 279. 
 
■148 THE PRIMITIVE FAMILY. 
 
 limited the Niyoga, inasmuch as it reserved for the 
 kinsfolk that which was previously open to every one, 
 and gave a definite purpose to the intercourse with the 
 wife, which had before been altogether purposeless.^ As 
 we have already observed, to regard fatherhood as belong- 
 ing to an altogether juridical category is most in harmony 
 with the patriarchal theory advocated by Sir Henry 
 Maine, who himself seeks to explain the position of 
 illegitimate children from this point of view. They 
 were all bom of women who were within the household 
 sphere, or who then entered into it, and the legal position 
 of these children was therefore decided by the well-known 
 rule which applied to Roman slaves. There is no distinc- 
 tion between the power of a father and of a protector.^ 
 
 McLennan undertakes to oppose this view also. He 
 says that the father's authority over the mother is the 
 basis of his authority over the child, and that this 
 authority was the fotindation, but not the consequence, 
 of the protection afforded by the father to the children 
 of the unmarried daughter. And when the illegitimate 
 children weire transferred to the husband of their mother, 
 her marriage was certainly the bond which united step- 
 father and childi-en, whence his protection followed.* In 
 this case McLennan has been unable to distinguish 
 between the protection and the authority of the pro- 
 tector ; his remarks only apply to the former, while Sir 
 Henry Maine is speaking only of the latter. When 
 Maine, as we have already seen, considers that agnation 
 is not based upon marriage, but on the paternal authority, 
 McLennan, who so zealously advocates the primitive 
 female line, will not refuse his assent ; for he is of 
 opinion that the female line was suppressed by the ever 
 
 ' See Grimm, p. 433, and Weinhold, p. 808 with respect to Niyoga 
 amoDg the Germans. See J. T>. Mayne, p. 58, for the fact that in earlier 
 times the custom of permitting strangers to have access to their wives 
 was widely diffused among the Hindus. At p. 63, he shows that at a later 
 date this privilege was restricted to the Gentiles. 
 
 ^ Maine, Early Law, p. 98. ' McLennan, Pair. Theor. p. 281. 
 
THE LEVIRATE AND NIYOGA. 149 
 
 increasing predominance of the husband. We do not, 
 indeed, find the existence of paternal authority ■when the 
 father and son belong to different clans. We agree with 
 McLennan that mere protection is insufficient to in- 
 corporate any one into a clan to which he does not 
 belong ; ^ but we believe that a mere marriage between 
 the mother and a man who was not the child's father 
 was equally insufficient to effect such incorporation. 
 
 The main point at issue between Sir Henry Maine 
 and McLennan is whether the Levirate and Niyoga are of 
 comparatively late origin, or if they date from a primitive 
 state of things, so that they are now only maintained 
 by force of custom,- after development has produced a 
 civilization which is hostile to thera, and by which they 
 must ultimately be suppressed. We believe that the 
 truth lies between these two theories. Everything tends 
 to show that the Levirate and Niyoga belong to the cus- 
 toms and ideas which prevail in primitive communities. 
 But there is no reason to suppose that the Hindu communi- 
 ties which afford the earliest accounts of these customs 
 entertained ideas which were opposed to them. The 
 earliest Hindu community is, however, patriarchal. The 
 Levirate and Niyoga do not spring from any less bind- 
 ing form of marriage ; they find a fitting soil wherever 
 fatherhood is of &, predominantly legal character, as it 
 continues to be in comparatively modern times. The 
 weakness of McLennan's standpoint consists in the al- 
 together unproved assertion that monandry necessarily 
 involved that special interest for fatherhood, with which 
 such customs as the Levirate and Niyoga are incom- 
 patible. This is a very common opinion, and if it were 
 correct, McLennan would be justified in his assertion that 
 the reason of both customs is to be found in whatever 
 form of marriage prevailed before monandry was uni- 
 versally accepted.^ We readily admit that it is most 
 
 • McLennan, Pair. Theor., p. 282. 
 
 " Ibid., p. 158. See Fortnightlij Jiev., 1877 : " The Levirate and Poly, 
 audry," and Studies, p. 160. 
 
150 THE PEIMITIVE FAMILY. 
 
 natural to regard polyandry as this primitive form of 
 marriage, and McLennan's explanation resembles that 
 already given by Miehaelis and Bachofen.^ But if the 
 fundamental theory, which declares that monandry is 
 incompatible with these customs, is erroneous, the whole 
 explanation which relies upon it must also be set aside. 
 
 We agree with McLennan that the Levirate and 
 Niyoga present many points of contact with polyandry.^ 
 The Levir-child was ascribed to the dead man in virtue of 
 the same ideas according to which, in Thibet, the eldest 
 brother and ruler of the house was held to be the father 
 of all the children of the household. In the Thibetan 
 family we find the same feature which distinguishes the 
 Jewish Levirate from that of the Hindus, namely, that 
 the Levir married the widow, instead of merely holding 
 intercourse with her ; for in Thibet the brother of the 
 dead man inherits his property, his authority, and his 
 widow. This agrees with Mielziner's assertion that the 
 Jewish Levirate was connected with the old agrarian law 
 of Israel, which aimed at retaining the undivided pro- 
 perty in the tribe and family. The brother-in-law took 
 with the widow and sister-in-law his brother's whole 
 property, which must otherwise have been divided among 
 all the brothers.^ The story of Judah's son Onan shows, 
 however, that the Levir obligation was not always 
 willingly fulfilled, and that the thought that the child 
 which was begotten must bear the name of another man 
 was distasteful.* 
 
 But the most important point of contact between 
 the Levirate and polyandry, together with the strongest 
 motive for assigning to them a common origin, consists 
 in the setting aside of the direct fatherhood which is 
 common to both of them. The causes for such an act 
 
 ' Miehaelis, vol. ii. p. 198. Baohofen, Mutterrecht, p. 200. 
 ' MoLeunan, Patr. Theor., pp. 159, 267. 
 
 ' Mielziner, p. 55. The Levir-biother did not precisely inherit the 
 dead man's property, but he managed it as guardian of the unborn child. 
 * Gen. xxxviii. 8-10. 
 
THE LEVIEATE AND NIYOGA. 151 
 
 must, however, be determined by other facts. We flatter 
 ourselves that we have shown that no special explana- 
 tion of this setting aside is required, but that it is the 
 natural practice of primitive men, and that the causes 
 both of the Levirate and polyandry are to be traced to the 
 authority of the husband, which is the legal foundation 
 of marriage. McLennan finds fault with J. D. Mayne for 
 regarding the Niyoga as the primitive form, and the Le- 
 virate. as its derivative; the Levirate implied the fiction 
 that the child was begotten by the dead man, and this was 
 wholly difi^erent from the Niyoga, which implied the man's 
 rights of property with respect to his wife and child.^ 
 McLennan misunderstands Mayne in this matter ; he does 
 not, as McLennan supposes, assert that the notion of mate- 
 rial fatherhood, valueless for the Niyoga, was all-impor- 
 tant for the Levirate ; but he chiefly insists on the fact 
 that the husband's ownership did not cease on his death.^ 
 It does not appear how McLennan explains the transition 
 from the begetting of children in common by polyandrous 
 brothers, children which belonged to the eldest brother, 
 together with everything else in the house, to the beget- 
 ting of children by the surviving brother which should 
 be accounted as those of the brother who was dead. In 
 whatever way this fact is wrested, it only becomes 
 intelligible from the legal point of view, and no con- 
 sideration of the actual fact of begetting nor any classifi- 
 cation of the relative circumstances can avail to explain 
 the fiction which represented the dead man to be the 
 begetter of children. 
 
 Spencer has attempted to explain the Levirate from 
 the prevailing custom that the brother shovild inherit his 
 
 ' McLennan, Patr. Theor., p. 270. 
 
 ^ J. D. Mayne : " After his death the ownership had ceased, unless, 
 indeed, by another fiction he was considered as still surviving in her. 
 Therefore, unless the husband had given express directions during hia 
 lifetime, the process to be adopted was to be as like as possible to an 
 actual begetting by him, or was to be such a substituted begetting as he 
 would probably have sanctioned." 
 
152 THE PEIMITIVB FAMILY. 
 
 dead brother's -widow. We shall explain presently the 
 main facts of fraternal inheritance, and will now only 
 consider whether it has anything iu common with the 
 Levirate. After referring to McLennan's theory, Spencer 
 briefly observes that it would be more to the purpose to 
 §eek for the explanation of the Levirate in the fact that 
 the wives formed part of the inheritance, since they were 
 in primitive communities regarded merely as property. 
 He does not, therefore, consider that the custom of 
 marrying the brother's widow bore any reference to 
 polyandry.^ McLennan justly replies that the Levirate 
 wholly differed from the inheriting of the widow by her 
 brother-in-law, since the Levir was thus excluded from 
 the inheritance of the dead man, inasmuch as he had 
 to raise up heirs to him.^ His further remark, that 
 Spencer's explanation does not destroy the relation 
 between the Levirate and polyandry, is more doubtful; 
 he says that inheritance from a brother follows from 
 polyandry, since all the rules of the mode of inheritance 
 are based on marriage laws and the modifications of the 
 family. Spencer, on the other hand, is of opinion that 
 inheritance by the brother was produced by one of the 
 conditions of the female line of descent.^ 
 
 Spencer disputes McLennan's criticism in a singular 
 manner. He contradicts it by a statement which is 
 inserted in the " Principles " amid quite other matter, and 
 he holds that no one can fail to see that this constitutes 
 the essential point of the explanation he has undertaken 
 to give. This statement is to the effect that the Hebrew 
 injunction to raise up seed to the dead brother may 
 possibly be explained by the prior obligation of providing 
 for the children which the brother leaves behind him.* 
 This suggestion, which finds no place in the ten pages 
 
 • Spencer, Prine. of Soe., pp. 679-681. 
 
 ' MoLeiinan, Fortnightly Mev., 1877, p. 701. 
 
 ' Spencer, "A Short Kejoinder," Fortnightly Rev., 1877, p. 897. 
 
 * Spencer, Princ of Soc, p. 692. 
 
THE LEVIEATE AND NIYOGA. 153 
 
 which contain the aforesaid explanation of the Levirate, is 
 now constituted its essential point. Under the influence 
 of the paternal line and filial inheritance, which were 
 beginning to prevail against the female line and fraternal 
 inheritance, the old obligation of maintaining the children 
 which the brother had begotten in his lifetime was 
 transformed into the obligation of providing the brother 
 with posterity, and this obligation was expressed by the 
 Levirate. He thinks this explanation more satisfactory 
 than that of McLennan, which fails in the point adduced 
 by McLennan himself, since it does not appear how the 
 organization of a polyandrous family, in virtue of which 
 the next brother inherited the deceased's property, au- 
 thority, and widow, could lead to the institution which 
 ordained that the next brother in a polygamous or mono- 
 gamous family should renounce the inheritance and raise 
 up the heir which was lacking to the dead man.^ Spencer 
 has, however, still to explain the most obscure point in 
 the Levirate — how it was possible to raise up posterity 
 to the dead. He has contributed something towards the 
 explanation of this duty, but he does not go beyond 
 the general statement that it was always the brother's 
 duty to contribute to his elder's well-being. This is, 
 however, a subordinate point with respect to the questiq^ 
 how far it was possible to carry out the Levirate. 
 
 I must here adduce some of the characteristics of the 
 Levirate, as they are found among the Jews and Hindus, 
 since they present features which have nothing to do 
 with the conditions of polyandry, and which cannot be 
 explained by them. Other facts might perhaps be 
 adduced, but these decisively confirm the theory I have 
 advocated; namely, that the Levirate and polyandry may 
 both be explained by the juridical character of fatherhood, 
 but that they are not necessarily related to each other. 
 
 There were five distinct forms of marriage in ancient 
 Iran. The second was termed Yogan-zan, in which the 
 • Speuoer, Fortnightly Bev., p. 896. 
 
 15 
 
154 THE PEIMITIVE PAMLT, 
 
 wife stipulated that her firstborn son should not be 
 regarded as the son of her husband, but that the in- 
 heritance of her father or brother who has died without 
 male heirs should devolve upon him. In such a case 
 the woman obtained a son's share of her father's property, 
 and she was remarried to her husband when her first- 
 born son was fifteen years old. Satar-zan, the third 
 form of marriage, resembled the former, except that the 
 stipulation was not made in favour of one of the kins- 
 folk, but of some other person, in return for a certain 
 sum of money.^ In this case, as in the Levirate, we find 
 that children were ascribed to the dead, and it is evident 
 that the conditions were made efiective by means which 
 were wholly juridieaL 
 
 McLennan asserts that the Levirate occurs among 
 the Bechuanas,'' but M'Kenzie's account, to which he 
 refers, is somewhat obscure, and at any rate imperfect. 
 It is only said that when the head wife of a man 
 who has been dead for some years gives birth to a 
 son, he is held to be the heir, even if there were male 
 descendants by the other wives. McLennan does not 
 seem to be acquainted with Livingstone's much more 
 instructive report. The latter writer states that Skeletu, 
 according to the Bechuana custom, became the owner 
 of his father's wives, and took two of them for his own ; 
 but in such cases the children of these women were 
 termed his brothers. When the elder brother died, the 
 same thing occurred with his wives; the next brother 
 took them, in accordance with the Jewish practice, and 
 the children were held to be children of the dead brother, 
 to whom he had raised up seed.^ Neither Spencer nor 
 McLennan can account for this fact ; the former, because 
 in this case we have not to do with a childless widow, 
 and the latter because in the polyandry of Thibet it is 
 only decreed that the son's children by the widow should 
 
 ' Spiegel, ToL iii. p. 678. ' McLennan, Patr. Theor., p. 328. 
 
 » LiTingstone, Miss. Trav., p. 183. Appendix XXXV. 
 
THE LEVIGATE AND NIYOGA. 155 
 
 be regarded as his brethren and sisters, because the legal 
 possession of the wife is altogether from the husband's 
 point of view, not from that of the begetting father. 
 It is precisely this mode of looking at things which 
 McLennan has failed to recognize. 
 
 It is equally difficult to reconcile the Bechuana 
 Levirate with the assumption that there was a prior 
 female line, since the Levir-son is indeed the son of the 
 dead man's wife, whose children are not brethren to the 
 begetting father on the maternal side, since the son never 
 had intercourse with his own mother. On the other 
 hand, these strange conditions of kinship are altogether 
 in agreement with the conditions of inheritance which 
 we have described above. When only legal consider- 
 ations prevail, posthumous children are placed on an 
 equality with those born in their father's lifetime, because 
 the mother served as the bond of union to the children 
 while the father lived; they all belonged to the circle 
 which was defined by her. This circle was not broken 
 by the husband's death, although the connection between 
 the wives was changed, and thus it was that even when 
 years had elapsed since the husband's death, the children 
 born to his wife stiU belonged to the circle of the dead 
 man's children, and to the fraternal circle of the other 
 children. 
 
 Haxthausen writes of the Ossetes of Transcaucasia 
 that every child born in wedlock, even if its mother's 
 adultery be proved, is entitled to the family name, suc- 
 cession, and right of inheritance. A married woman 
 who has borne children cannot marry out of the family 
 after her husband's death; she has been bought, and 
 becomes a family possession. The father or brother of 
 the dead man may marry her, and this, indeed, is re- 
 garded as a duty and honour. But, in accordance with 
 the Ossetes' ideas of law, this is only a contiuuation of 
 the first, sole, and perpetual marriage, to which the 
 children of this fresh marriage are stiU ascribed, and 
 
156 THE PEIMITIVE FAMILY. 
 
 they inherit the name and property of the dead man, 
 in conjunction with those who are really his children. 
 But this conception is still further enlarged. If the dead 
 man leaves no father nor brother, and the widow is con- 
 sequently obliged to remain unmarried, yet there is 
 nothing to prevent her from living with other men, and 
 the children which she bears to them are held to be just 
 as legitimate as those born of the marriage which was 
 dissolved by death. On the other hand, a childless 
 widow may marry again, but her new husband must 
 repay to the family which she then forsakes half of the 
 purchase money which had been paid for her. And if 
 a child be bom within the year of her husband's death, 
 it wUl still belong to his family.^ After they have borne 
 children, or when they have been married for four years, 
 the women live unchastely, although up to that time 
 they are chastity personified. 
 
 In like manner, a widow in Assam does not marry 
 again, and yet the children which she may possibly bring 
 forth are held to be legitimate.^ 
 
 We learn from Wilkes that among the lakali on the 
 Fraser River the priest can inspire any person he chooses 
 with the soul of a dead man, whose name he then adds 
 to his own.^ According to Waltz's version of the fact, 
 the first child born after his father's death receives his 
 soul, and assumes his name and rank.* 
 
 ' Haxthausen, vol. ii. pp. 24, 25. " Cooper, p. 102. 
 
 ' Wilkes, vol. iv. p. 453. 
 
 * Waitz, vol. iii. p. 195. We cite the analogous case in which the 
 new husband assumes the skin of the dead : " Whenever a distinguished 
 warrior falls in battle, or otherwise, it is considered a great privilege to 
 marry his squaw ; and whoever does, is obliged to assume the name of her 
 former huslmnd, and to sustain, as far as possible, his reputation and cha- 
 racter. This custom of continuing families is indulged to a considerable 
 extent ; sometimes the brother of the deceased becomes the husband; but 
 the most frequent source of continuance is from the prisoners taken in 
 battle; who, but for this Mod of preferment, are generally condemned to 
 suffer tortures and death " (Hunter, pp. 245, 255. See Adair, p. 189, for a 
 less clear account). " Married by jujur, his brother, the eldest in preference, 
 may succeed to his bed. If no brother chooses it, they may give the woman 
 
THE LEVIKATE AND NIYOGA. 157 
 
 According to the Levirate, children were raised up to 
 the dead man, that is, to a man who was no longer able 
 to beget children. But this also occurred in all cases in 
 which a man obtained children which were quite cer- 
 tainly not begotten by him, whether because he, like 
 the Arabs we have mentioned, was temporarily separated 
 from his wife, or because, on account of impotence, he 
 had recourse to the Niyoga, or because he had not 
 attained to the age of puberty. It was in this way that 
 among the Ossetes and the Russians a man would marry 
 a son of six years old to a girl of fourteen, and would 
 himself have intercourse with his daughter-in-law and 
 beget children, which were, nevertheless, reckoned to 
 belong to her childish and lawful husband.^ This custom 
 is also found among the Eeddies, only in this case the 
 wife has intercourse with one of her own kinsfolk.^ 
 
 In addition to the juridical character of fatherhood, 
 of which we have now given so many proofs, we must 
 adduce instances in which the wife also becomes the 
 mother of a child born of another woman. These instances 
 are strongly in favour of the opinion that the juridical 
 character of fatherhood was in no way due to the fact that 
 the female line became predominant on account of un- 
 certainty with respect to the actual paternity. 
 
 " Among the Chinese, marriage with only one wife is 
 ordained, and any further connection is simply con- 
 cubinage. Only one wife is authorized and lawful, and 
 the children belong to her ; she and the children inherit 
 the husband's property together, to the exclusion of all the 
 concubines, whose lot in their subordinate position is a 
 
 in marriage to any relation on the father's side, without adat or purchase 
 money, the person who marries her replacing the deceased. If no relation 
 takes her, and she is given in marriage to a stranger, he may be either 
 adopted into the family, to replace the deceased, without adat, or he may 
 pay her jujur, or take her by semando, as her relations please " (Marsden, 
 p. 228). 
 
 > Haxthausen, toI. ii. p. 23. Klemm, CtdturgescMchte, vol. x p. 59. 
 
 » Lubbock, Origin of dv., p. 80. 
 
158 THE PEIMITIVE FAMILY. 
 
 very sad one. Bought for a small sum of money, they 
 are treated like household slaves, and are not only 
 subject to the man, but to his lawful wife, who in this 
 way again appears as the authorized housewife. They 
 are exposed to all sorts of ill-usage and oppression ; they 
 may be sold again at a higher price, and the children 
 they bring forth are not even regarded as their own. 
 The children themselves regard the lawful wife as their 
 mother, and treat the woman who bore them with con- 
 tempt."^ McLennan quotes the story of Sarah :^ "And 
 Sarai said unto Abram, Behold now, the Lord hath 
 restrained me from bearing : I pray thee, go in unto my 
 maid ; it may be that I may obtain children by her." 
 Hagar's subsequent behaviour, however, makes this 
 story somewhat obscure, and the story of Jacob, Leah, 
 and Rachel is clearer and more instructive, Rachel was 
 childless, and said, " Behold my maid Bilhah, go in unto 
 her; and she shall bear upon my knees, that I may 
 also have children by her. And she gave him Bilhah 
 her handmaid to wife : and Jacob went in unto her. 
 And Bilhah conceived, and bare Jacob a son. And 
 Rachel said, God hath judged me, and hath also heard 
 my voice, and hath given me a son : therefore called she 
 his name Dan. And BUhah Rachel's maid conceived 
 again, and bare Jacob a second son. And Rachel said. 
 With great wrestlings have I wrestled with my sister, 
 and I have prevailed : and she called his name Naphtali. 
 When Leah saw that she had left bearing, she took 
 Zilpah her maid, and gave her Jacob to wife. And 
 Zilpah Leah's maid bare Jacob a son. And Leah said, 
 A troop Cometh: and she called his name Gad. And 
 Zilpah Leah's maid bare Jacob a second son. And Leah 
 said, Happy am I, for the daughters will call me blessed : 
 and she called his name Asher."* 
 
 ' Unger, p. 17. 
 
 = McLennan, Patr. Theor., p. 273. Gen. xvi. 2. 
 
 » Gen. XXX. 3-13. 
 
CHAPTER IV. 
 
 INHERITANCE BY BROTHERS, AND OTHER SUPPOSED 
 PROOFS OF POLYANDRY. 
 
 Inheritance of rank and property — Personal and family property — Parti- 
 tion and stewardship of property — Suitability of inheritance by 
 brothers — Eight of firstborn — Polyandry and female line — Inherit- 
 ance by widow —Marriage between widow and brother — Aryan 
 polyaniy. 
 
 Taken alone, there is nothing in the Levirate which can 
 be referred to polyandry. The ideas that the Levir son 
 might be substituted for an actual son, and that the 
 brother of the deceased was bound to act as Levir, were 
 disconnected both with each other and with polyandry. 
 We cannot suppose that the Levir obligation differed 
 from the other duties which the conceptions of primitive 
 men imposed upon the surviving brother, and especially 
 since this duty presents itseK as the simple consequence 
 of the survivor's succession to the position of the deceased. 
 As we have already remarked, it may be difficult to 
 connect the development of the Levirate, which excluded 
 the brother from the inheritance, with the custom of 
 inheritance by brothers ; yet this diflSculty must not be 
 overestimated. We have to do with the joint family 
 group, within which personal property played a quite 
 insignificant part; the management of the property 
 devolved upon the Levir-brother as guardian, and among 
 primitive peoples guardianship can hardly be distin- 
 
160 THE PEIMITIVB FAMILY. 
 
 guished from ownership; it usually continued, not up 
 to the time when the child was of full age, but to that 
 of the guardian's death. 
 
 The possible origin of the Levirate has been shown 
 above; the obligation was founded upon the ardent 
 desire of having heirs to offer sacrifice, although, as 
 Spencer suggests, the obligation sometimes arose from 
 the inheritance of the property by the father's brother, 
 and the protection he afforded to it. In primitive times 
 it was, undoubtedly, one and the same thing to inherit 
 and to marry the widow, and the children afterwards 
 born from the widow were, as in the case of the 
 Bechuanas and the Ossetes, held to belong to the 
 deceased. We could, however, dispense with this sur- 
 mise ; we only assert it to be probable that it was in 
 this atmosphere that most of the Levir phenomena arose. 
 There was a close external bond between the Levirate 
 and inheritance by brothers, to which McLennan ascribes 
 so much significance that he asserts that the brother's 
 inheritance both of the widow and property only occurs 
 where polyandry had been previously practised.^ We 
 must consequently distinguish between the inheritance 
 of property and that of the widow, and we shall begin 
 by considering the former. 
 
 We may take it as a type of the order of inheritance 
 that the father's property devolved upon the sons in com- 
 mon, while the chief dignity, which was not divisible, 
 and could not be held in common, fell to the eldest. 
 It is our present object to inquire into the ideas which 
 transformed this order, and produced very different rules 
 of inheritance. 
 
 McLennan connects the inheritance of property with 
 that of dignity under the samo original rules ; he is of 
 opinion that the evolution of the family subsequently 
 transformed the former rule in many ways, but left 
 the latter untouched. Hence came the inheritance of the 
 • McLennan, Studies, p. 163 ; Pair. Theor,, p. 90. 
 
INHEKITANCE BY BKOTHEES. 161 
 
 dignity of chief by the brother, while the sons inherit the 
 property ; this is of frequent occurrence, but the converse 
 order is never found.^ The family organization in which 
 the inheritance by brothers necessarily takes place is that 
 of the polyandry of Thibet.^ As we have already said, 
 however, we are disposed to seek for the reasons of this 
 mode of inheritance, not in polyandry, but in the joint 
 family group from which polyandry sprang. 
 
 The conditions of inheritance among the Nairs are 
 accurately described by McLennan as a primitive stage 
 of the polyandrous family order; the movable property 
 falls to the sister's children of the deceased, while the 
 land is managed by the eldest male member of the family.* 
 McLennan does not inquire further into this distinction 
 between movable and immovable property, which is the 
 more remarkable since it generally occurs in uterine 
 families. We only find one instance of unconditional 
 inheritance by the brother in a uterine family, namely, in 
 Du Chaillu's account of Ashango.* 
 
 Movable and immovable property is to some extent 
 defined by the contrast between a man's own acquisitions 
 and that which he has inherited, a contrast which is only 
 gradually developed. And even if we do not take this 
 contrast into consideration, McLennan's hypothesis does 
 not embrace all the facts. In Kunawar, where polyandry 
 is practised by all the inhabitants, a son of full age suc- 
 ceeds to the patria potestas on his father's death ; if he 
 is a minor, the father's brother becomes the heir; it is 
 ordained that sometimes the uncle, sometimes the nephew, 
 should take precedence, but the most capable is usually 
 preferred.® Among the Todas, who also live in polyan- 
 dry, the sons inherit that which is the only heritable 
 property, namely, the cattle, from the fathers, to whom 
 
 ' McLennan, Patr. Theor., note to oh. vii. ' Ibid,, p. 90. 
 
 ' McLennan, Studies, p, 130. 
 
 * Du Chaillu, Journey, p. 429. 
 
 ' Cunningham, Journ. Asiat, Soc. of Bengal, 1844, vol. xiii. pp. 1, 203L 
 
162 THE PKIMITIVB FAMILY. 
 
 they were assigned in the mode described above ; the 
 land is the common property of the village.^ 
 
 Among the Hindus, as long as the family held 
 together there -was in primitive times no private pro- 
 perty for its individual members. In later times, how- 
 ever, the individual had the right of disposing of the 
 movable property he had acquired for himself, and in 
 some cases also of that which was immovable.^ When 
 the goods of the family were divided, it was done in 
 accordance with the lines of descent ; the undivided pro- 
 perty of the first ancestor was distributed in equal por- 
 tions among his sons, and each of these portions was 
 again subdivided among the owner's descendants, and 
 so on.^ In primitive times the son was not entitled to 
 demand the partition ; he could only claim the right of 
 maintenance;* and the brother's right to share the 
 inheritance was originally, as it appears, only in force 
 after the death of both parents.^ We cannot fail to 
 recognize the fundamental idea of this order of succession 
 to property, which was so widely diffused that it may 
 almost be termed universal. All brothers had an equal 
 right to inherit from their father; a right which was 
 by no means forfeited, even if the partition did not take 
 place. But the question arose who should preside over 
 the management of the undivided property , whether it 
 should be the eldest brother, followed by his eldest son, 
 so that the succession should continue in the hands of 
 the eldest line, or if it should devolve on the eldest male 
 member of the family. 
 
 This question is concerned with the order of succession 
 to dignities, and since in the joint family group there is 
 no property, exclusive of the government, the rules 
 which are made for the latter also decide the inheritance 
 of property. We are compelled to differ from McLennan, 
 and to assert that wherever the inheritance of property 
 
 • Spencer, Dee. Soe. ' J. D. Mayne, pp. 207, 209, 309. 
 
 ' Ibid., p. 231. * Ibid., p. 211. » Ibid., p. 2ia 
 
INHERITANCE BY BEOTHEES. 163 
 
 by brothers occurs, it must be referred to their inherit- 
 ance of rank, and not conversely. Sir Henry Maine 
 starts from a primitive line of descent, from father to 
 son, which also refers to rank. The considerations of 
 fitness which are presented by the widespread reverence 
 for old age, made it desirable, however, to entrust the 
 management of the common interests of the family to 
 the eldest and most experienced of its members, and this 
 has produced the collateral line, or inheritance by brothers. 
 McLennan strongly protests against the attempt to 
 explain social phenomena by showing that they arose 
 to serve useful ends.^ Sir Henry Maine himself strictly 
 limits such an explanation, saying that no legislation 
 arises simply from a sense of fitness. This sense of fit- 
 ness is always preceded by previously existing ideas, and 
 is only able to influence these, and bring them into fresh 
 connections.^ 
 
 Maine holds that the actual basis upon which Tanis- 
 try, or the order that, not the eldest son, but the eldest 
 of the male kinsfolk should succeed, was founded upon 
 the preference given to the eldest son in the direct line 
 of descent.* And this right of the firstborn was derived 
 from the order followed in the succession to dignity, 
 while property was divided equally among all the sons 
 (Gavelkind). No idea of disinheriting the other children 
 in favour of one of them is involved in the privileges of 
 primogeniture.* Subsequently, indeed, the property was 
 inherited by the firstborn, as was the case in feudal 
 Europe ; but this only occurred because the ordinances of 
 the primitive community were subject to a foreign inter- 
 pretation, namely, to the later Roman jurisprudence, 
 according to which the unlimited right of disposing of 
 the property was involved in its possession.^ Maine 
 considers that the right of primogeniture constituted the 
 
 ' MoLeiiDan, Pair. Theor., p. 90. 
 
 ' Maine, Ano. Law, p. 2S3. ' Ibid., pp. 236, 239. 
 
 * Jbid., p. 236. " Ibid., p. 238. 
 
164 THE PRIMITIVE FAMILY. 
 
 simplest rule for the order of succession to dignities, but 
 whenever political as well as civil dignities were in ques- 
 tion, a difficulty arose, especially in communities which 
 hung somewhat loosely together. The chief might sur- 
 vive his eldest son, and die when his grandchild was still 
 quite young ; in well-ordered communities this state of 
 things was remedied by the appointment of a guardian, 
 but in those which were still uncivilized, the eldest of 
 the male kinsfolk became the heir.^ 
 
 We feel no doubt that considerations of fitness led to 
 the preference of the eldest as heir ; in every primitive 
 community age is a source of reverence and influence. 
 Yet it is precisely this fact which leads us to doubt 
 whether the right of primogeniture was primitive. In 
 proportion to the connection of the dignity of chief with 
 property would be the adoption of similar rules of 
 inheritance. We have already seen that in South 
 America the sons became the heirs as soon as the dignity 
 of chief was combined with the possession of property.^ 
 The tribe was so readily divided that it was possible for 
 all the sons to be promoted to the Cazikat at the same 
 time, and there was as little question of the right of 
 primogeniture as of the inheritance of property. We 
 find that in Africa the son becomes his father's successor, 
 while his uncles live in remote villages as subordinate 
 chiefs ; that is, it is only where the chiefs power extends 
 over a definite locality that the eldest son succeeds, 
 instead of the eldest surviving brother, since it is the son 
 and not the brother who inherits the dwelling-place of 
 the deceased. 
 
 This fact becomes most apparent in the case of the 
 joint family group. As soon as it becomes enlarged into 
 a village community, the rights of precedence which 
 
 ' Maine, Anc.Law,-p. 239. Freycinet, vol. ii.pt. i. pp. 134, 475. CaiUie, 
 vol. i. p. 145. Baffenel, p. 280. Skene, vol. i. p. 160. Morgan, Systema ; 
 " Fiji " Quest, iv.-vi. p. 582. 
 
 ' Falkner, p. 150. Comp. Merovingians, YngUuges, and the PolisTi 
 nobles. 
 
INHEHITANCE BY BEOTHEES. 165 
 
 belonged to the eldest man are gradually transformed 
 into the dignity of a chief, as it befits the eldest member 
 of a definite family, and as soon as such a chief extends 
 his authority over several villages, the eldest son of the 
 eldest line, which is in possession of the place of govern- 
 ment, succeeds to the dignity. Thisis just what occurs 
 on the dissolution of an isolated family group. Their 
 forefather's property is equally divided among his sons, 
 some of whom may have predeceased him, and it is again 
 subdivided among his grandsons. Whatever may have 
 been assigned to a line of descendants by this real or 
 fictitious partition cannot be taken from it as long as 
 that line continues to exist.^ 
 
 I readily admit that I have adduced no proof which 
 completely justifies my opinion that the right of the first- 
 born to inherit dignities was of later origin than the 
 right of brothers to do so. Yet I doubt whether it will 
 ever be possible to come much nearer to the point. 
 When we consider that in communities of the lowest 
 type with which we are acquainted, the strongest, ■ 
 bravest, wisest, and oldest man enjoys the most influence, 
 it will certainly correspond to the natural course of 
 development that whenever the question of inheritance 
 comes in, the brother should at first take precedence of 
 the son. However this may be, we believe that we have 
 indisputably shown that there is not the slightest con- 
 nection between the inheritance by brothers and polyan- 
 dry, or the female line. 
 
 We have still to explain why the brother inherited 
 the widow of the deceased.^ The inheriting of wives 
 
 ' The Sumatra brother sometimes receives a portion of the inheritance, 
 when the property comes through the father. 
 
 ^ In addition to the Hebrews, Ossetes, Kejangs, and Bechuanas, we 
 may mention the Brazilians (Von Martius, p. 117), the Warruas (Schom- 
 burgk, vol. ii. p. 447), Califomians (Venegas, vol. i. p. 82), Samoa, Fiji 
 and New Zealand ( Waitz, vol. vi. pp. 129, 634. Fison and Howitt, p. 153), 
 New Holland {Ibid., p. 204 ; Grey, vol. ii, p. 2!?0), Kirghiz (Wood, p. 340), 
 Arabs (Bxarkhardt, vol. i. p. 112), Abyssinians (Lobo), Kakhyians 
 (Anderson, Mandalay to Momien, pp. 132, 142), Damaras (Anderson, 
 
 16 
 
166 THE PRIMITIVE FAMILY. 
 
 has usually been placed in the same category as the 
 inheritance of property. On the one side, McLennan 
 has proposed to explain the latter by the former, while 
 referring back to the polyandrous family. On the other 
 side, Spencer simply regards the inheriting of wives as 
 one involved in the succession to the property, and he 
 holds that the same principle applies to the inheritance 
 of the wives by sons as to that by brothers. 
 
 I do not think that any proof is necessary to show that 
 when sons divide among themselves such of their fathers' 
 wives as are not their own mothers, the wives were held 
 to be part of the property. But in other cases the matter 
 is somewhat more complex. Almost everywhere the 
 widow has a right, or, at any rate, a claim, to subsistence 
 out of what her husband leaves behind him, and hence 
 she usually lives on with her children. This does not 
 imply that she constitutes part of their inheritance, 
 which only occurs when sons marry their fathers' widows, 
 and in no case does a son take his own mother in this way. 
 The mother has a claim to be supported by her son — a 
 claim which is usually satisfied by making no partition 
 of the paternal inheritance during the mother's lifetime, 
 so that the sons fulfil their obligations to her in common. 
 We can easily see that the performance of this duty may 
 lead to many diflerent arrangements which we need not 
 examine more closely, since they do not concern our 
 present purpose. 
 
 These claims of the mother are, if I am not mistaken, 
 connected with the custom which included her in her 
 brother-in-law's inheritance, and this naturally occurs 
 as soon as the family is transformed into a joint family 
 group. Burkhardt expressly mentions that the Arabs 
 think the connection between the widow and brother-in- 
 law desirable, since the family property is thereby kept 
 
 Ngami, p. 176), Congo (Du Chaillu, Journey, p. 429), Muskohgi (Adair, 
 p. 189), Araucanians (Charlevoix, vol. vi. p. 147), Bellabollah and Vera 
 Paz (Spencer, Fortnightty Bev., 1877, p. 896), Carlbs (Gili, p. 346), and 
 Mongols (Du Halde, vol. iv. p. 487). 
 
INHERITANCE BY BEOTHEES. 167 
 
 together. And Morgan makes a similar remark witli 
 respect to the Fijians.^ The Kurnai of New Holland 
 also defend the custom in question on these grounds.^ 
 Since in the joint family group the brother succeeds 
 to the headship of the community, and its interests 
 and 'general protection are committed to his care, so 
 also the widow and her young children are committed 
 to him, and under primitive conditions these relations 
 take the form of marriage. In proportion to the im- 
 portance of the property of the deceased is the difficulty 
 of allowing the widow to return to her own family. It 
 is altogether irrational to seek for the causes of the con- 
 nection between the widow and her brother-in-law in 
 polyandry. That the brother-in-law had exerted marital 
 rights in the husband's lifetime would only become a 
 necessary condition if carnal considerations formed the 
 corner-stone of the development of the family; but all 
 we know of the life and habits of primitive men clearly 
 shows that this was not the case. Carnal pleasures 
 certainly took the most prominent place in primitive 
 life, but they were also the most easily obtained, and 
 therefore customs were not formed under the influence 
 of considerations with respect to the means of sensual 
 enjoyment. 
 
 Before concluding this series of researches, we must 
 briefly mention McLennan's attempt to trace the exist- 
 ence of polyandry in the ancient Aryan race. We do 
 not think that our conclusions would be invalidated, 
 even if our forefathers lived in polyandry ; this practice 
 is, indeed, so often found in connection with the develop- 
 ment of the family group, that it is quite possible that 
 it was also practised by the Aryans. It thus becomes 
 simply an historical question. 
 
 McLennan directs our attention to the following 
 
 ' Morgan, Systems, p. 583. See, above, the encroachments of unolea 
 among the Sioux and Columbians. 
 « Fison and Howitt, p. 204, 
 
168 THE PEIMITIVB FAMILY, 
 
 passage from Manu : — " If among several brothers of the 
 whole blood, one have a son born, Menu pronounces them 
 all fathers of a male child by means of that son, so that if 
 such nephew would be the heir the uncles have no power 
 to adopt sons." ^ McLennan does not, however, depend 
 upon this text, since Draupadi's narrative makes it un- 
 necessary by directly mentioning the fact of polyandry. 
 But in his latest work he again refers to the passage, ia 
 connection with the conditions which exist in Thibet. 
 He does not admit that the constitution of the father's 
 brother into the father was founded on a fiction. He 
 asserts that it was altogether contrary to the Hindu 
 custom to hinder a man from obtaining sons of his own 
 by fictitious and artificial regulations, and we have seen 
 above that adoption by the uncle was prohibited. It 
 was the chief and most persistent effort of Hindu govern- 
 ment to promote the increase of heirs, that is, of separate 
 households, and with these of the centres of religious 
 worship.^ The prohibition of adoption contained in the 
 text must, he thinks, have had its origin in some very 
 ancient institution. 
 
 This view must be rejected as altogether unfounded. 
 J. D. Mayne has shown that religious interests aimed at 
 the dissolution of the joint family groups, and it was on 
 religious grounds that the Brahmans advocated such a 
 dissolution. The head of the family was himself its high 
 priest. As long as the Brahman influence was still 
 slight, the claim of the family group to maintain an heir 
 who might offer sacrifice for them only reached the stage 
 at which we find it in Manu's text, and subsequently, 
 when this influence was fully developed, each brother 
 desired to have a son of his own. The prohibition con- 
 taiued in Manu is merely that which has in all times 
 and aU places been the fundamental thought of men, 
 namely, that only in cases in which the existence of the 
 
 ' MoLennan, " The Levirate and Polyandry," Fortnigldly Bev., 1877, 
 p. 698. ' MoLennan, Patr. Theor., p. 336. 
 
INHEEITANCE BY BROTHERS. 169 
 
 group was in danger of perishing for lack of legitimate 
 heirs, "whether that group consisted of the simple family, 
 the joint family group, or the clan, it was permitted 
 to have recourse to adoption. If, however, one of the 
 brothers in a joint family group had a son, a legitimate 
 heir was not wanted.^ McLennan also quotes the follow- 
 ing passage from Apastamba: — "A husband shall not 
 make over his wife, who occupies the position of a 
 gentilis to others than to his gentiles, in order to cause 
 children to be begot for himself. For they declare that 
 a bride is given to the family of her husband, and not 
 to the husband alone. That is at present forbidden on 
 account of the weakness of men's senses." ^ Here again 
 McLennan finds a custom similar to that of Thibetan 
 polyandry, based upon a polyandrous theory.* J. D. 
 Mayne, however, seems to us to be nearer the truth 
 when he regards this text as a limitation of the Niyoga, 
 which originally included any man whatsoever, and 
 which was now restricted to the Sapinda or Samano- 
 doco.* The expression, " A bride is given to the family," 
 does not imply that she is given as a wife common to 
 the family; the statement merely corresponds with 
 Manu's previous statement, which revealed the ideas 
 entertained in the joint family group. 
 
 If, in conclusion, we turn to the Draupadi myth, it 
 is evident that the Pandava brothers, distributed into 
 Draupadi, do not justify us in forming any general con- 
 clusion. They are ancestors of the Kshatry tribe, which 
 came into India from one of the Kashmir valleys of the 
 Himalayas ; and the account only allows us to infer that 
 polyandry occurred locally in an isolated Aryan tribe. 
 Even this conclusion does not appear to me to be com- 
 pletely established, since the myth affords scanty in- 
 
 • J. D. Mayne, p. 211. 
 
 ' McLennan, Patr. Theor., p. 304. See also H. Zimmer, p. 32.5, who 
 does not admit the existence of polyandry. 
 ^ McLennan, Fair. Theor., p. 305. 
 
 ♦ J. D. Mayne, pp. 48, 63. 
 
170 THE PRIMITIVE FAMILY. 
 
 formation with respect to the reasons which led to 
 Draupadi's connection with the five Pandavas, and also 
 with respect to the ideas which justified this marriage.^ 
 
 ' Lenormant, vol. iii. p. 497. MoLennan, Fortnightly Eev., 1877, p. 699. 
 Baehofen, Das Mutterrecht, §§ 94, 195. Wilkes, vol. i. j). 54. J. D. Mayne, 
 p. 57. 
 
CHAPTER V. 
 
 NOMENCLATUKES. 
 
 Modem and primitive ideas — Descriptive and classifying nomenclatures — 
 Their persistence — Descriptive nomenclature and monogamy — Classi- 
 fying nomenclature and clan organization — Polygamy and polyandry 
 — Malayan nomenclature — Punalua family — Turanian nomenclature 
 —Distinction between the Turanian and the Ganowanian — Patriarchal 
 family — Descriptive nomenclature — Nomenclature and the clan — 
 Importance of ceremonial — Paternal and maternal kinship — Punalua 
 kinsfolk of Malayan nomenclature — Priority of kinship of cousins — 
 Distinction between Turanian and Ganowanian nomenclatures — 
 Ganowanian mother's brother — Development of special names — Son 
 and nephew — Turanian marriage of cousins — Fijian nomenclature- 
 Simpler nomenclature of Ganowanian women — Oayugan peculiarities 
 — Tonganese nomenclature — Descriptive nomenclature — Karen and 
 Eskimo nomenclature — Chinese nomenclature — Their general 
 meaning. 
 
 The readiness with which a husband in the primitive 
 community permitted other men to hold sexual inter- 
 course with his wife, was closely connected with the 
 slight importance which he ascribed to the actual descent 
 of his children. The idea is historically untenable that, 
 even in the case of the primitive man, the chastity of 
 his wife was an indispensable condition of marriage, and 
 that lascivious customs consequently pointed to a time 
 when promiscuous intercourse prevailed, and there was 
 no tie of marriage. McLennan seeks to confirm the 
 existence of such conditions by means of polyandry, an 
 attempt which we have shown to be wholly unsuccessful. 
 We must now turn to other writers, such as Morgan, 
 
172 THE PEIMITIVB FAMILY. 
 
 Bachofen, and Lubbock, who have had recourse to another 
 category o£ facts to establish the akeady tottering hypo- 
 thesis of a primitive state of promiscuous intercourse. 
 Such a state seems to them to have been produced, not 
 so much by jealousy and conflicting lusts, as by a privi- 
 lege conferred on all by all, which was prompted by 
 tribal feeling and religious ideas. We do not, however, 
 lay much stress on the diflTerence between this theory 
 and that of McLennan ; since, if clear and definite con- 
 ceptions of rights and duties are not supposed to be 
 innate in primitive man, we must start from a state of 
 things in which men strove with each other, and only 
 after many conflicts found peace in a condition of pro- 
 miscuous intercourse. It is certain that man was not 
 originally addicted to promiscuous intercourse, either 
 from inclination or from sense of duty. In later times, 
 when this condition had been accepted, it may have 
 become so firmly established by custom that the ideas of 
 men might instinctively start from it, as from a fixed 
 point ; and I think that it is only this mode of thought 
 which is advocated by Lubbock. When, therefore, 
 McLennan finds fault with this writer for speaking of the 
 rights of all men, since such rights do not exist in a state of 
 promiscuous intercourse, he takes the word too literally,* 
 Subsequently, as social relations were further developed, 
 the time might come for the occurrence of new desires, 
 to which the old customs were opposed. Wherever there 
 was this sense of conflict, the sense of rights would arise. 
 ■ Morgan believes that in nomenclatures, that is, in 
 the systems of names which define the degrees and stages 
 of the kinship of primitive men, we may clearly trace 
 the existence of promiscuous relations within larger or 
 smaller circles, consisting in a common right to sexual 
 intercourse between given groups of men and women. 
 Nomenclatures do not follow the same principle through- 
 out the world, and Morgan makes a distinction- between 
 ' McLennan, Studies, p. 426. 
 
NOMENCLATURES. 173 
 
 that whicli is descriptive and that which is classifying. 
 The systems of relative kinship serve to organize families 
 into groups of kinsfolk allied in blood, and as such it 
 possesses great vitality. The descriptive form, as it is 
 found among the Aryan, Semitic, and Uralian families, 
 is a numerical form, and it describes the collateral kins- 
 folk by a combination of the first and second terms of 
 kinship. On the other hand, the classifying form, in use 
 among the Turanians, the American Indians, and the 
 Malays, is unacquainted with descriptive names, and 
 applies the same name to all those who belong to a class 
 of kinsfolk of which the limits are apparently quite 
 arbitrary.-'- 
 
 Morgan makes an attempt to solve various ethnologi- 
 cal questions by these nomenclatures, since he is of 
 opinion that when the same form occurs in different 
 races, it points to their common origin. He also pro- 
 poses to solve by its aid the great question of the origin 
 and development of the family. He holds that a nomen- 
 clature was neither introduced nor abandoned from 
 arbitrary motives; it therefore shows us the way in 
 which definite causes influenced a given community at 
 a given time, and also how they were gradually modified 
 in a definite way. The nomenclature was due to custom, 
 and not to legal constraint, and the motive for its 
 alteration must therefore be as universal as the custom 
 itself.^ On this point we quite agree with Morgan, but 
 we doubt whether it is likely that the important features 
 of a system of nomenclature could long be maintained 
 under a social order which was no longer in agreement 
 with it, since there is nothing to show that the social 
 order changes more quickly and easily than the nomen- 
 clature. 
 
 No special difficulty is presented by the descriptive 
 
 ' Morgan, Systeme, pp. Ti. 11, 12, 468. 
 
 ' Ibid., p. 15. See Giraud-Teulon, p. 100. Lubbock, Origin of Civ., 
 p. 161. 
 
174 THE PEIMITIVE FAMILY. 
 
 nomenclature ; it agrees with the natural line of descent, 
 influenced by the marriage of individual pairs.^ Morgan 
 believes that juridical considerations prompt the defini- 
 tions of the degrees of kinship, and he believes that this 
 becomes possible, owing to the form of marriage. It is 
 only where marriage between individual pairs prevails 
 that the degrees of kinship can be defined with descrip- 
 tive accuracy ; and the order of inheritance supplies the 
 desire to regulate the motive for this definition.^ There 
 is greater difficulty in the classifying system, which 
 cannot be explained on the theory of descent, as it is 
 understood by civilized races. It might, perhaps, be 
 possible to bring it into agreement with descent under 
 other conditions of marriage, and Morgan takes this 
 view, without, however, showing that no other solution 
 is possible. 
 
 Two causes in particular may have influenced the 
 development of the classifying system : the sexual rela- 
 tions due to the necessity of mutual protection, and 
 tribal organization.^ The classifying system is marked 
 by the endeavour to prevent the destruction of the tie 
 of blood, while the descriptive system allows us to lose 
 sight of a tie which has always tended to become more 
 remote.* The interests of the clan also aim at keeping 
 together the most distant kinsfolk, yet this wiU not 
 enable us to explain the classifying system, for the 
 cohesive tendency of the clan is not helped by any 
 special plan of the degrees of kinship, and it is there- 
 fore the cause, rather than the consequence of the 
 system.^ It is equally useless to try to explain this 
 system from tribal organization. When the American 
 form regards the children of different sisters as brothers 
 and sisters, it agrees with the definition of the clan, 
 which in this particular follows the female line; the 
 husband's brother's son is, however, held to be his son, 
 
 • Morgan, Systems, p. 473. ' Ibid., p. 14. 
 
 » Ibid., p. 474. * Ibid., p. 13. » Md., p. 475. 
 
NOMENCLATUKES. 175 
 
 ■while his sister's son is only his nephew, and yet the 
 latter, and not the former, belongs to his clan.^ The 
 organization of the clan is not, therefore, in exact corre- 
 spondence with the system, which demands some other 
 explanation. 
 
 When Morgan turns to the question of descent, it is 
 at once evident that the classifying system does not 
 agree with the order of descent which is given by poly- 
 gamy, and particularly by marriage with several sisters, 
 and by polyandry.^ These do not explain why the 
 mother's brother is called uncle, the father's sister is 
 called aunt, while the children of these two are the 
 husband's cousins, and only his sister's son is his nephew. 
 Morgan also thinks that the marriage forms in question 
 occur too rarely to afford an explanation of the whole 
 system of nomenclature, an assertion which is the more 
 surprising since he goes on to seek an explanation in 
 the marriage groups, which are, if they are to be found 
 at all, certainly less common than the marriage of sisters 
 and polyandry. 
 
 Morgan merely seeks to show that the nomenclature 
 must be explained from descent, that is, from the marriage 
 form, and starting from the simplest plan of the classify- 
 ing system, he undertakes to construct a form of marriage 
 which shall cause the system to correspond with the 
 descent. He finds this simplest form among the Malays, 
 and beginning from this, the others are to be explained 
 as influenced by the tendency of marriage to assume 
 higher and purer forms. 
 
 In the Malay nomenclature, all kinsfolk of the same 
 generation are designated without distinction by like- 
 sounding names, whether the kinship is more or less 
 remote.^ Morgan holds that this form expresses a con- 
 
 • Morgan, Systems, p. 476. ' Ibid., p. 478. 
 
 ' Table I. gives the nomenclature for the speaker's generation, that is, 
 of brothers and sisters. In Morgan's Tables there are accents on the 
 Malay words to indicate different sounds. The accents are very irregular, 
 
176 THE PKIMITIVE FAMILY. 
 
 sciousness of the descent, if we start from a condition of 
 promiscuous intercourse and see the first ^age of develop- 
 ment in the communistic family group, in which all the 
 brothers live in common with all the sisters. Morgan's 
 scheme gives, as the second definition in the Malay 
 nomenclature, the Hawaiian custom or the Punalua 
 family, according to which the brothers are the common 
 husbands of several sisters, but not of their own.^ I do 
 not, however, understand why Morgan should assume the 
 existence of such a custom, since he afterwards positively 
 declares that it is by no means needed to explain the 
 origin of the Malay system.* He only makes use of it in 
 order to point out the mode of transition from the Malay 
 to the Turanian system. Perhaps the Punalua family is 
 mentioned in the passage in question in order to account 
 for the distinction between the kinsfolk by birth and 
 kinsfolk by marriage, which occurs in the Malay nomen- 
 clature (Table II.). For when a distinction is made 
 between the brother and the husband, it must be sup- 
 posed that they are two distinct persons, and we should 
 agree with McLennan in rejecting the supposition that 
 the Malays carefully distinguished between the brother 
 and the husband, when they had to do only with the 
 difierent functions of one and the same person.* 
 
 It appears to be Morgan's opinion that these peculiar 
 names were included in the Malay nomenclature at a 
 
 and as I am unable to understand the principle of variation, I am Inclined 
 to regard them as errors of the press, unavoidable in such a work, and do 
 not, therefore, take them into account. 
 
 ' Morgan, Systems, p. 480 ; Anc. Soc, pp. 384, 500. 
 
 " Morgan, Systems, p. 489 ; Ane. Soo., p. 386. 
 
 • McLennan, Studies, p. 348 : " While the communal family lasted, 
 the different descriptions of persons referred to, several of which would 
 have been then coincident in a single person, were distinguished in idea 
 the one from the other ; so that when the communal family passed away, the 
 nomenclature, which had applied to those sets of persons while they were 
 yet coincident and ideally distinguished merely, readily extended to 
 them when they became distinct. It is incredible that in the sort of family 
 contemplated, brothers should come to regard each other not only as 
 brothers, but as brothers-in-law." 
 
NOMENCLATURES. 177 
 
 later period, when the custom of marriage between 
 brothers and sisters and the Punalua family had already- 
 begun to decline. But it is more than doubtful whether 
 such marriages and the Punalua family ever prevailed 
 among the Polynesian peoples, at any rate in the Sand- 
 wich Islands, from which the nomenclature is taken. 
 
 Morgan's Tables, in addition to the Hawaiian custom, 
 give the tribal organization and exogamy as joint causes 
 of the transition from the Malayan to the Turanian form."- 
 I am unable to see any clear distinction between these 
 two things, since Morgan holds that the members of the 
 clan originally regarded themselves as brothers and 
 sisters, and the clans must have been formed by creat- 
 ing distinctions between these groups of brothers and 
 sisters. This fact has sometimes been overlooked. 
 The transition to the Turanian form occurred in the 
 following manner. The distribution into exogamous 
 tribes, or groups of brothers and sisters, necessarily 
 made a distinction between the father's and mother's 
 brother, between the mother's and father's sister, between 
 the husband's children and those of his brother on the 
 one side, and the sister's children on the other ; that is, 
 children and brother's children were both ascribed to the 
 husband, while sister's children were nephews and nieces, 
 and, conversely, the wife regarded her sister's children as 
 her own, while her brother's children were nephews and 
 nieces.^ In like manner the children of several brothers 
 could no longer hold the children of their father's sister 
 to be their own brothers and sisters; they were now 
 called cousins. 
 
 Morgan mentions as a noteworthy distinction 
 between the Turanian and the Ganowanian nomen- 
 clatures, that the Turanians hold the children of the male 
 cousin to be nephews and nieces of the husband, while 
 those of the female cousin are nephews and nieces of the 
 wife, and it is precisely the reverse in the Ganowanian 
 ' Hoigan, Anc. Soc, p. 433. ' Morgan, Systems, p. 484. 
 
 17 
 
178 THE PKIMITIVB FAMILY. 
 
 nomenclature. Morgan finds that the latter is in more 
 logical agreement with the principles of the system, and 
 he thinks it is difficult to give a satisfactory explanation 
 of the Turanian variation."^ He goes on to say that it is 
 unintelligible, except as a matter of custom, why a man 
 should be permitted to live with his female cousins, 
 and forbidden to have intercourse with the wives of his 
 male cousin ; he dismisses the Ganowanian form, which 
 allows the marriage of cousins, as "a slight variation 
 upon the privilege of barbarism." ^ The two forms, how- 
 ever, find their explanation in the Punalua family, and 
 Morgan makes use of other facts to construct his descrip- 
 tion of the development of the latter into the civilized 
 family which is monogamous and agnatistic. 
 
 The female line produced clans in the Punalua family, 
 with the several sisters as its ancestral mothers. The 
 exogamy of the clans made it difficult, and often quite 
 impossible, for the groups to unite, and in this way the 
 syndyasmistic family arose, in which distinct pairs were 
 united and again parted, and several of such pairs lived 
 together in a communistic household, which did not, 
 however, include sexual intercourse.* Morgan admits 
 that the nomenclature only reveals scanty traces of this 
 form of family ; in a few instances the degrees of kin- 
 ship between married persons seem to be changed, while 
 in others the old nomenclature, which is no longer accu- 
 rate, persists. The syndyasmistic form of a family had 
 indeed long prevailed, but Morgan finds in the absence 
 of monogamy a sufficient explanation of the fact that it 
 had failed to suppress the old nomenclature.* There is 
 much in this theory to which we might take exception, 
 if we were not unwilling to interrupt its exposition. 
 For an inquirer has rarely had the courage to solve the 
 most difficult questions by means of so many postulates 
 which are without solid basis. We think it better, 
 
 ' Morgan, Systems, p. 391. 2 nid., p. 48G. 
 
 ' Ibid., p. 490 ; Anc. Soc, p. 433. • Ibid., p. 461. 
 
NOMENCLATUKES. 179 
 
 however, simply to continue our account of Morgan's 
 theory. 
 
 Morgan considers that the ever-increasing difficulty of 
 obtaining wives, which arose from the prohibitive decrees 
 of the clan, led to the acquisition of women by violence 
 or by purchase. This increased their value, and they 
 were now jealously watched.^ Marriage became a more 
 permanent bond, and the syndyasmistic family increased 
 in strength, so that it was able to emancipate itself from 
 the communistic household, and to stand alone. In this 
 way the patriarchal family arose, with the father as 
 ruler, and the father's wish to have children of his own 
 as heirs suppressed the female line, and established 
 agnation.^ At the same time the wife's position was 
 altered for the worse, and she became a slave. Mono- 
 gamy, which had hitherto only expressed the inability 
 to procure several wives, became the rule, since it 
 involved the increase of property, and the desire to leave 
 it to the children.* A change of nomenclature at once 
 ensued, and although it is only passive, yielding in a 
 radical way to the radical changes in the family, it 
 reveals the historical fate of the latter.* 
 
 The scarcity of terms of kinship in their present 
 systems seems to Morgan to show that the Aryan, Semitic, 
 and Uralian peoples had previously adopted a classifying 
 system ; with such a scanty nomenclature they would 
 never have been able to attain to the exalted heights of 
 monogamy.® In any ease, more terms would have been 
 handed down to us, and the lack of them is to be 
 explained by the exchange of the Turanian for the 
 descriptive nomenclature. The strong pressure exerted 
 by monogamy may have the more readily led to this 
 exchange, since the generalizations which now came into 
 use were only new in their application to blood kinship, 
 but had long been current among men. We implore out 
 
 • Morgan, Ano. Sno., p. 458. ^ Ibid., p. 470. 
 
 » Ibid., pp. 477, 50,5. * Ibid., pp. 481, 435. » Md., p. 481. 
 
180 THE PBIMITIVE FAMILY. 
 
 readers to give special attention to the singular conclu- 
 sion of Morgan's theory. He asserts that if any one 
 belonging to the races who use the Turanian nomen- 
 clature is asked about the relative kinship of two 
 persons, he describes it in the descriptive terms which 
 are current among ourselves, A descriptive system 
 exactly similar to that of the Aryans was co-existent 
 with the Turanian and Malayan systems, not as a system 
 of blood kinship, but as the means of establishing the 
 relations of kinsfolk to each other.^ 
 
 Morgan's theories, and especially his estimate of the 
 systems of nomenclature, have been accepted by some 
 writers and strongly opposed by others. Fison and Howitt, 
 Giraud-Teulon, Engels, and Post are in the former cate- 
 gory, while McLennan takes the foremost place among 
 his opponents. This writer asserts that it is impossible 
 to regard nomenclature as a system which defines the tie 
 of blood, since the child callsi its mother's sister " mother ;' 
 Morgan hardly gives due attention to this fact, since the 
 plurality of mothers cannot be explained by the same 
 ideas as a plurality of fathers.* We need not exonerate 
 Morgan from the reproach of having said that a child 
 might believe that it had several mothers, since he does 
 not hold that the word " mother " expressed a tie of blood, 
 but only a marriage tie.* The mother's sister may be 
 compared to a stepmother. But it must be admitted 
 that his theories are undermined by this distinction, 
 since it arouses the suspicion that the terms are, taken 
 as a whole, prompted by juridical relations. We have 
 repeatedly called attention to the difficulties which arise 
 as soon as the attempt is made to distinguish between 
 these two points; namely, the juridical character of the 
 relations between persons united by the legally ordained 
 institution of marriage, and the blood relations which 
 
 ' Morgan, Anc. 8oc., p. 484. Appendix XXXVI. 
 ' McLennan, Studies, p. 345. 
 
 ' Morgan, Anc. Soe., p. 520 ; Systems, p. 478. See LubbooV, Orig. of 
 Civ., p. 173. 
 
NOMENOLATUEES. 181 
 
 arise between persons who have entered through mar- 
 riage into sexual connection. This distinction is in no 
 way clearly accepted by Morgan, but the attempt to 
 define it is made by McLennan, and his analysis is 
 intended to supply a new foundation for his theory of 
 polyandry. 
 
 The degrees of kinship given by the classifying 
 system are, as McLennan believes, without significance, 
 except as a system of courtly and ceremonial appellations 
 in social intercourse. The system merely regulates the 
 forms of mutual greeting.^ He, like Morgan, regards the 
 Malayan system as the basis of the whole nomenclature, 
 and he likewise traces its origin to the primitive forms 
 of marriage.^ A system of greeting would be more 
 readily detached from rights and obligations than a 
 system of kinship, so that these systems would gradually 
 diverge, although they were at first closely connected.* 
 Peschel strongly opposes this theory. He writes, " It is 
 impossible that nomenclatures should refer to the facts 
 of sexual origin. We may add that in the eighty North 
 American dialects studied by Morgan, there are, with 
 only two exceptions, special terms in which the wife 
 designates her husband's brother and her sister's husband 
 as brother-in-law, whence it follows that there was no 
 community of wives between brothers, and no com- 
 munity of husbands between sisters. We must also note 
 that in all the languages in which the terms 'father,' 
 ' brother,' and ' son ' are applied to members of the family, 
 as soon as they trace their descent from a common an- 
 cestor in a higher, equal, or more remote degree, the elder 
 and younger brother, or father's brother, the elder and 
 younger sister, or father's sister, are distinguished by 
 special names, so that it is clear that it is not the degree 
 of nearness in blood, but the order of generations and 
 the rank within the family which is described; these 
 degrees are of great consequence in domestic life, since 
 
 • McLeiman, SiudUs, p. 366, « Ibid,., p. 366. ' Ibid., p. 372. 
 
182 THE PEIlVnTlVB FAMILY. 
 
 they affect the reverence for parents, and, which is still 
 more probable, the greater or less obligation to become 
 the avenger of blood." ^ 
 
 The difference between Peschel and McLennan is to 
 be sought in the fact that the latter only traces the first 
 shock to the development of nomenclature in the cir- 
 cumstances he mentions, and otherwise assumes that 
 this development was altogether formal, so that the 
 designations were transformed into mere forms of courtesy. 
 Peschel's suggestion is contradicted by the fact that the 
 clan formed a group with exclusive rights, and the 
 nomenclature is not concerned with the clan!^ When 
 we consider the altogether formal way in which titles of 
 honour are used by civilized peoples, it seems very pos- 
 sible that primitive men, whose mutual intercourse was 
 much more ceremonious than ours, on account of their 
 ever vigilant and lurking fears, should have created an 
 elaborate system of the use of forms of address.^ Morgan's 
 contemptuous criticism therefore misses its mark ; * the 
 formal development of nomenclature from the system 
 afforded by the primitive organization of the family may 
 have been uniform throughout. A satisfactory estimate 
 of McLennan's hypothesis can only be made by special 
 research into the history of the several terms ; a general 
 observation of the matter would be insufficient. 
 
 But in another respect we must show that McLennan's 
 theory is obscure. He writes that Avhen we consider 
 that most of the tribes in which this nomenclature is in 
 use observe the female line of descent, it must surprise us 
 to find two different systems in use among these tribes ; 
 where the nomenclature is applied to the blood-kinship, 
 it also contains terms for kinsfolk on the father's side. 
 Hence it is certain that blood-kinship, and not the classi- 
 fying system, always regulated the succession to dignities 
 and property.® But surely the nomenclature must at 
 
 ' Peschel, pp. 241, 242. " McLennan, Studies, p. 306. 
 
 • J. B. Eyre, vol. li. p. 214. Williams and Calvert, p. 12a. 
 
 * Morgan, Anc. Soc, p. 618. » McLennan, Studies, p. 303. 
 
NOMENCLATUEES. 183 
 
 first have been adapted to the prevailing ideas of blood- 
 kinship. This is £isserted by McLennan himself, when 
 he sees no other way of explaining the names for father 
 which occur in the Malayan system ; but when some 
 other explanation seems possible, he sets aside the ideas 
 which were from the first connected with the name of 
 father in order to urge them afresh when the female line 
 has disappeared. Then, indeed, nothing is said of the 
 twofold system of blood-kinship. Morgan infers from 
 the names which are used for father that the paternal 
 kinship was recognized in primitive times as well as 
 that of the mother ; only the doubtful paternity caused 
 the name to be given to several persons instead of to one 
 individual.^ 
 
 We must now turn to the closer consideration of 
 McLennan's hypothesis. Starting from the Malayan 
 nomenclature, the following terms for the difierent gene- 
 rations occur : Kupuna, the generation of grandparents ; 
 Makua, that of parents ; Kaiku, the speaker's own gene- 
 ration ; Kaikee, that of his children ; Moopuna, that of 
 his grandchildren. In the case of a Nair family these 
 terms would not originally describe the sexual relations 
 between individuals.^ In such a family nothing is to 
 be said of the father as the begetter among the Makua, 
 only of the mother's brother, mother, and mother's sister. 
 We need not inquire with Morgan how the word " father " 
 came to be used for father's brother and mother's brother, 
 but rather how the original term for the mother's brother 
 became applicable to the actual father and to his 
 brothers. In the Thibetan family the needful extension 
 takes place. Even among the Nairs the terms we have 
 mentioned are sometimes applied to persons living in 
 difierent houses; we have already seen that a brother 
 occasionally separates himself from his family and estab- 
 lishes a household of his own under the guidance of his 
 favourite sister.^ According to the Thibetan order, the 
 
 1 Morgan, Anc. Soc, p. 515. " McLennan, Studies, p. 378. 
 ' Ibid., p. 383. 
 
184 THE PEIMITIVE FAMILY. 
 
 father and his kinsfolk are placed in the same group of 
 terms; the father and his brothers and sisters become 
 Makua to the children, like the mother and her brother 
 and sisters. The latter, who were the mother's Kaiku 
 in her* former home, become by an altogether formal 
 process of thought Makua for her children. New terms 
 are only applied to those who are married, because these 
 are not connected with the family by birth, but annexed 
 to it in riper age.^ The fact that McLennan is not 
 acquainted with the nomenclatures of the Nairs and 
 Thibetans throws doubts upon his theory, as Morgan has 
 already remarked,^ and we are the more inclined to 
 insist on this fact, since the Dravida tribes and Mongolian 
 peoples make use of the Turanian nomenclature. If 
 the Nairs do not possess the Malayan nomenclature, 
 McLennan's hypothesis becomes untenable. Moreover, it 
 is quite evident that the hypothesis in no way affects 
 the polyandry of the Nairs and Thibetans, but merely 
 the joint family group. We shall presently see the 
 bearing of this remark. 
 
 If we look more closely at the names given to married 
 persons (Table II.), we shall find that the husband of a 
 wife's sister and the wife of a husband's brother are 
 designated by them by the special name of Punalua, of 
 which "intimate companion" is given as the English 
 equivalent. According to Morgan's theory, these persons 
 would be called brother and sister, and he gives no 
 explanation of the special names. These doubtful titles 
 tend to show that not only the husbands of several 
 sisters are not held to be brothers to each other, but 
 that usually there is no kinship between them, any 
 more than among the brothers' wives. McLennan's 
 Thibetan family might explain the first of these special 
 names, but not the last. As a rule, indeed, each Thibetan 
 family has only one wife, so that the sisters must marry 
 into different families ; that is, the husband of a wife's 
 
 ' MoLenuan, Studies, pp. 385-389. ' Morgan, Anc. Soc., p. 517. 
 
NOMENCLATURES. 185 
 
 sister does not therefore become her husband's brother. 
 On the other hand, the Thibetan does not recognize the 
 idea of the husband's brother's wife, and even when 
 the brothers happen to separate, and each takes a wife 
 for himself, yet this rare exception can scarcely have 
 had any considerable influence on the nomenclature. It 
 may be further observed that the brother's wife of a 
 man's own .wife is also said to be his own wife, which 
 may be explained from the position of the family from 
 which the wife came, but it does not necessarily imply 
 polyandry. No name is given for the husband of the 
 husband's sister, which is the more to be regretted since 
 he is the one who usually gives the name of wife to his 
 real wife's brother's wife. 
 
 McLennan holds that the Turanian and Ganowanian 
 nomenclatures arose in the polyandrous family under 
 the pressure of exogamy.^ This attempted explanation 
 resembles in principle the one which is suggested by 
 Morgan for the prohibition of marriage between brothers 
 and sisters ; but McLennan gives it a somewhat different 
 turn. Morgan states that as soon as it seemed impossible 
 for the mother's brother to be the father, the special 
 names arose of imcle and aunt, subsequently of nephew 
 and niece, and finally of male and female cousins. 
 McLennan, on the other hand, supposes that these latter 
 names were the first to arise under exogamy ; while the 
 other names did not necessarily follow.^ Brothers, for 
 example, are of one blood with the sisters' children ; they 
 do not thereby necessarily cease to be Makua kana, or 
 fathers, to these; or if they do so cease, it is only 
 owing to the principle of reciprocity, because sisters are 
 no longer Makua waheena, or mothers, to their brothers' 
 children. Reciprocity may also have the converse effect, 
 and sisters do not cease to be Makua waheena to the 
 brothers' children, because brothers are still the Makua 
 kana of their sisters' children.* In this way McLennan 
 ■ McLennan, Studies, p. 301. ' Ibid., p. 397. ' Ibid., p. 896. 
 
IS6 THE PEIMITIVE FAMILY. 
 
 seeks to account for the variation in the use of the 
 names of uncle, aunt, nephew, and niece, which occurs in 
 many tribes. 
 
 McLennan explains the difference between the 
 Turanian and Ganowanian forms in a way which again 
 reminds us of Morgan. He traces the origin of the 
 Turanian custom of reckoning the children of a female 
 cousin as children of the male cousin to the fact that 
 marriage between male and female cousins was customary 
 among the Turanian peoples in early times.^ After an 
 attack upon Morgan, which we scarcely suppose to 
 be serious,* he mentions the Ganowanian custom of 
 reckoning the children of the female cousin to be the 
 nephews of the male cousin, while a man regards the 
 children of his male cousin as his own ; and he explains 
 this custom by saying that the female line of descent 
 did not permit of any change in the successive names for 
 the degrees of kinship, or at any rate did not demand 
 such a change.^ 
 
 Some of McLennan's suggestions are undoubtedly 
 well-founded, but, taken as a whole, his hypotheses are 
 untenable. In the first place, there is nothing to show 
 that nomenclature has its beginnings in polyandrous 
 institutions ; secondly, some North American tribes still 
 exist whose usages altogether contradict the assertion 
 of the absolute necessity of cousinhood, since they do 
 not recognize the relationship; and, thirdly, it appears 
 to be doubtful whether the marriage of cousins can 
 explain the Turanian custom of regarding the children 
 of the female cousin as children of the male cousin ; not 
 to mention that such an explanation is hardly in accord- 
 ance with McLennan's train of thought, since it appeals 
 to ideas of blood-kinship, and not, as he has urged else- 
 where, merely to a formal development of the Malayan 
 nomenclature. The value of his suggestions consists in 
 his emphatic assertion that nomenclature is in no way 
 > McLennan, Studies, p. 403. » Ibid., p. 359. ' Ibid., p. 400 
 
NOMENCLATUEES. 187 
 
 founded on the facts of procreation, and that its develop- 
 ment is due to the altogether formal principle of re- 
 ciprocity. We propose to show that these points are 
 not justly estimated by McLennan, but that he is right 
 with respect to this formal principle. 
 
 Table III. shows that the Micmac tribe calls the 
 father's sister " aunt," and the mother's brother " uncle," 
 while the children of the uncle and aunt are termed 
 " brothers and sisters." This is also the case with the 
 Ahahnelin, Munsee, Slave-Lake, Red Knives, Louchieux, 
 and Spokane tribes.^ There is, without exception, a 
 special name for the mother's brother, while the father's 
 sister is sometimes called " mother." ^ There is a very 
 irregular use of the terms " nephew" and "niece." Lubbock 
 is justified in his belief that the differentiation of nomen- 
 dature began in the special name for the mother's 
 brother, and the reason for this special name is evident ; 
 the mother's brother belongs neither to the family circle 
 nor to the clan.^ The Minnitaree and Crow tribes call 
 the mother's brother the " elder brother," which seems 
 to indicate that the special name was an expression of 
 reverence for him ; in this way the name was used as a 
 title of honour throughout whole tribes.* The same 
 tendency is indicated by the usage that the younger 
 must always address the elder man by the term of kin- 
 ship, while the elder may do as he likes with respect to 
 his junior.^ Yet it would be rash to conclude that the 
 female line and the predominance of the mother's brother 
 originally prevailed in the North American tribes; we 
 may rather infer the contrary from the usage of having 
 no name for the mother's brother within the immediate 
 
 • In Morgan's Systems, Tables, Nos. 56, 63, 64, 66, 67, 69. 
 
 2 lUd., Nos. 2, 3, 4, 5, 7, 27, 34, 85, 86, 62 ; also No. 25, when a 
 woman is speaking. 
 
 ^ Lubbock, Orig. of Civil., p. 183. The father's clan is here meant. 
 
 * Morgan's Tables, Nos. 26, 27. See Labat, voL ii. p. HO. Waitz, 
 vol. iii. p. 22. 
 
 ' Morgan, Systems, p. 396. 
 
188 THE PEIMITIVB FAMILY. 
 
 family. Moreover, as we have before remarked, the 
 recognition of special relations between the nephew and 
 the mother's brother by no means implies the existence 
 of a female line. It can only be confidently inferred 
 from the nomenclature that the mother's brother was 
 closely connected with his nephew through his sister, 
 but that he was distinguished from the father. 
 
 It appears to me that the whole series of special 
 names may readily be deduced from the special name 
 for the mother's brother, which differs in different tribes, 
 one tribe being influenced by certain considerations, 
 another by other considerations. Some tribes lay most 
 stress on the generation of the person who speaks, 
 another on that of his parents ; others again regard all 
 the descendants of the mother's brother as uncles and 
 mothers.^ Table IV. affords a catalogue of the terms for 
 " son " and " daughter," " nephew " and " niece," in which 
 we can trace the same principle which underlies the 
 terms for " uncle." 
 
 When the Seneca and some other tribes reckon 
 among a husband's children those of his brother and 
 male cousin, while the children of his sister and female 
 cousin are nephews and nieces, this is simply the result 
 of the formal position of the mother's brother. He stands 
 in a peculiar relation to his sister s children, but not to 
 his brother's children; that is, the children which are 
 connected with his generation through the other sex are 
 not regarded as his own, and therefore bear another 
 name. It foUows that the children of the male cousin 
 are children to the husband and nephews to the wife, 
 and conversely in the case of the children of the female 
 cousin. 
 
 McLennan explains the different custom of the Tura- 
 nians by the marriage of cousins, but various facts are 
 opposed to this hypothesis. Table V. gives the special 
 names for the married cousins, and the mere existence of 
 ' In Morgan's Systems, Tables, Nos. 18-2t, 46-55. 
 
NOMENOLATUEES. 189 
 
 these special names throws doubt upon the hypothesis, 
 since it seems strange that the wife should designate her 
 married cousin with a different name from that of her 
 other cousins, and yet be so indifferent to more natural 
 distinctions, that she makes no distinction between 
 her mother and mother's sister, her father and father's 
 brother, her own children and those of her sister and 
 cousin. It is certainly possible to regard the special 
 names of married people as due to the ceremonial cha- 
 racter of marriage, yet this by no means agrees with 
 McLennan's estimate of marriage. The hypothesis is 
 contradicted by the fact that all the designations of the 
 Tamil system, with the exception of some trifling varia- 
 tions, are in agreement with the marriage of cousins, and 
 that none of these designations are found in the Seneca 
 and Wyandot tribes. We also know that the marriage 
 of cousins was by no means rare among Turanian peoples, 
 and that such a marriage was occasionally regarded as a 
 duty, or at any rate as very desirable. The Karens, by 
 whom the intermarriage of cousins is highly esteemed, 
 call the children of their female cousins " nephews " and 
 "nieces." 
 
 A closer examination of the Fijian nomenclature 
 throws further doubt on the explanation suggested by 
 the marriage of cousins. Of this we give the following 
 scheme : — 
 
 Sister's Jiusband corresponds to 
 
 The husband says : my cousin. The wife's brother = male cousin. 
 
 The wife says : my staff. The wife's sister = my staff. 
 
 Brother's wife corresponds to 
 
 The husband says : my staffi The husband's brother =my spouse. 
 
 The wife says : my cousin. The husband's sister = my cousin. 
 
 Again, the wife simply addresses as "wife" — (1) the 
 wife of her husband's brother, (2) the wife of her father's 
 sister's son, (3) the wife of her mother's brother's son. 
 So likewise the husband addresses as "husband" — (1) 
 the man married to his wife's sister, (2) the man married 
 18 
 
190 THE PEIMITIVB FAMILY, 
 
 to his father's sister's daughter, (3) the man married 
 to his mother's brother's daughter. We cannot avoid 
 infei-ring from these designations that the persons in ques- 
 tion believed that they were closely connected with each 
 otber, and it is a strange fact that husbands should give 
 the name of " sister " to the wife of the father's sister's 
 son, and to the wife of the mother's brother's son, while 
 the wives gave the name of " brother " to the husband of 
 the father's sister's daughter, and to the husband of the 
 mother's brother's daughter. The children of a man's 
 father's sister become his male and female cousins, and 
 so also do the children of the mother's brother, while 
 their children, again, may be either nephews or children. 
 It is also the case that the man calls the wife of his male 
 cousin " sister," but he does not call the husband of his 
 female cousin " brother." The marriage of cousins will 
 not account for this state of things, and some other 
 explanation must be sought for it. 
 
 We have seen above that the Fijian brother-in-law 
 becomes at once a guardian and second husband to the 
 widow, and a father to the child of his deceased brother. 
 The wife has, therefore, no other name for her brother- 
 in-law than that which she used for her husband, who 
 was his brother. This name does not prove the brother- 
 in-law's right to hold sexual intercourse with the wife 
 during her husband's lifetime, but only his position as 
 protector and guardian. It is in agreement with this 
 fact that the brother-in-law chooses a special name for 
 his sister-in-law — " my staff," or support. The brother's 
 wife and the wife's sister stand in much the same rela- 
 tion to the husband, so that the same name is applied to 
 both, and it is also used by the wife's sister in address- 
 ing him. As soon as these names are introduced, it is 
 no longer possible for the husband to call his wife's 
 sister's husband "brother," for the wife addresses the 
 husband's brother as "my husband," but the sister's 
 husband as " my staff." This does not, however, explain 
 
NOMENCLATURES. 191 
 
 why the wife will not call her husband's brother's wife 
 " sister," for the husband uses the same name for his 
 wife's sister and his brother's wife — "my staff." We 
 are here simply referred to the formula that the wife's 
 sister's husband and the husband's brother's wife are 
 correlative persons. 
 
 We are told that Fijian husbands never make use of 
 the names " brother " and " female cousin " in the case 
 of married people, and the wives never use the names of 
 " sister " and " male cousin," with the single exception 
 that the husband's sister's husband is addressed as 
 " cousin." This order is not at all consistent with the 
 marriage of cousins. If we turn to consider those who 
 are really the children of brothers and sisters, we find the 
 names of "male and female cousins" are only applied 
 to persons whose kinship is through parents of' different 
 sexes, that is; to the children of a brother and sister. 
 This follows from the practice of regarding all the chil- 
 dren of brothers as children, and all the children of 
 sisters as children ; where the two sexes are concerned, 
 they become nephews and nieces. When we consider 
 how vitally the fate' of the individual is affected by sex, 
 and especially in the primitive community, it becomes 
 easy to understand that the ideas which dictated the 
 terms of nomenclature were mainly due to sexual con- 
 siderations. 
 
 The course taken in formulating the idea may be 
 traced in two ways. On the one side we may take as 
 the starting-point that the speaker calls his brother's 
 child his own, as being of the same sex; in this way 
 we establish the principle that the children of kinsfolk 
 of the same sex and generation are aU the speaker's 
 children. This gives the Ganowanian form, which 
 includes the children of the male cousin among the 
 husband's children, and the children of the female cousin 
 among the wife's children, while the former become 
 nephews and nieces to the wife, and the latter are 
 
192 THE PRIMITIVE FAMILY. 
 
 nephews and nieces to the husband. On the other hand, 
 the dawning differentiation between the brothers and 
 sisters and their children may be taken as the starting- 
 point. The cousin is now not connected with the cousin 
 of his own sex, but he traces his descent from the same 
 grandparents and through another sex. In this way the 
 significance of the name of " cousin " is more exactly esti- 
 mated, that is, a cousin is a man who is not the speaker's 
 brother. Hence the children of cousins do not bear the 
 same name as the children of brothers. This process of 
 thought gives us the Turanian form, according to which 
 the husband calls his brother's children " children," and his 
 cousin's children "nephews," but the converse is done 
 by the wife. This also applies to the mode of naming 
 the children of sisters and of female cousins. As soon, 
 however, as the man has called his cousin's children 
 " nephews," the cousin's wife — that is, the mother of these 
 nephews — formally becomes his sister ; on the other hand, 
 when the cousin's children rank as children, as in the 
 Ganowanian system, the cousin's wife obtains no defini- 
 tion of kinship ; this may be seen in Table V. 
 
 It appears from Table IV. that in Tamil and Fiji the 
 Ganowanian system of nomenclature is adopted for the 
 children of the granddaughter of the grandfather's sister, 
 and for the children of the great-granddaughter of the 
 great-grandfather's sister ; but the Telegu in these cases 
 make use of the correct Turanian terms. We see, again, 
 from Table VI., that while the Tamil and Fijian rightly call 
 the father's sister " aunt," they nevertheless give the name 
 of " mother " to the daughter of their grandfather's sister, 
 and to the granddaughter of the great-grandfather's 
 sister ; and we learn from Table VII. that the children of 
 these persons are regarded as their brothers and sisters. 
 In this case, also, the Telegu practice differs from theirs. 
 Morgan adds an interrogative mark to these designations, 
 but they may easily be , explained by the formal nature 
 of the principle. A Turanian husband, indeed, logically 
 
NOMENCLATURES. 193 
 
 calls the children of his father's sister's daughter — that 
 is, his female cousin's children — simply " children," whUe 
 the children of his father's sister's son, that is, children of 
 his male cousin, are " nephews." But the children of his 
 grandfather's sister's daughter are the same as the 
 children of his father's female cousin, that is, they are 
 called " children " by his father ; they are consequently his 
 own brothers and sisters, and their mother is as a mother 
 to himself. Hence it follows that the children of these 
 so-called brothers and sisters, in accordance with the 
 Turanian system of nomenclature, would receive pre- 
 cisely the same names as those afforded by the Gano- 
 wanian form. 
 
 In the latter form we trace a tendency to make the 
 nomenclature for women less ample than that for men.^ 
 We find the starting-point for this nomenclature in the 
 special name for the mother's brother, and in corre- 
 spondence with this, the principle of reciprocity brought 
 with it the names for the father's sister, nephew and 
 niece, male and female cousin. The Cayuga women, and 
 those of the Two Mountains tribe, and others dependent 
 on it, do not distinguish between children and nephews, 
 and the father's sister bears the same name as the 
 mother. We cannot be mistaken in assuming that these 
 facts are in connection. On the other handj there is a 
 special name for the male cousin ; but this involves a 
 special name for the mother's brother, although it cannot 
 be said that it always occurs when we find the latter. 
 The Micmac and Two Mountains tribes, for instance, do 
 not possess names for cousins. The name for "nephew" 
 may also be limited in its application. Thus the Tusca- 
 rora women only regard the brother's children and those 
 in the same degree as nephews and nieces, but not the 
 children of cousins. 
 
 In the Cayuga tribe, and the tribes which follow 
 them, the men call the children of the female cousin 
 > Morgan, Systems, p. 235. 
 
194 THE PRIMITIVE FAMILY. 
 
 " nephews," while the grandchildren of the father's female 
 cousin are " children ; " their children, again, are usually 
 called " nephews." There is nothing absurd in this varia- 
 tion, which is the legitimate result of the considerations 
 which relate to the preceding generation. It seems that 
 it is useless to show that the persons in question should 
 be regarded as the grandchildren of the speaker's father ; 
 for since they are children of his father's daughter — that 
 is, children of the speaker's sister — they must be called 
 "nephews." It is, however, the fact that the speaker 
 knows that they are not the children of his father's 
 daughter, although they are his grandchildren; they 
 must, therefore, be distinguished from his sister's children, 
 and are not to be called " nephews," and hence no name 
 but that of " children " can be given to them. In other 
 tribes, they are, out of excessive formalism, called " grand- 
 children," not because they are really such to the speaker, 
 but because they are grandchildren of the man from 
 whom the successive generations of the speaker are 
 counted.^ We might expect that the great-grandchildren 
 of the grandfather's female cousin would be held to be 
 children, but to them, again, the names of " nephew " and 
 " niece " are applied. The following scheme shows that 
 this is correct : — 
 
 (1) The children of female cousins are, in accordance 
 with the diflFerence of sex in the speaker's generation, 
 nephews and nieces to the man. 
 
 (2) The grandchildren of the grandfather's female 
 cousin are reckoned as children to the man, because they 
 are children of the father's niece, that is, not his own 
 sister's children, so that they cannot be called his 
 nephews and nieces. 
 
 (3) The man calls the great-grandchildren of his grand- 
 father's female cousin "nephews" and "nieces;" they 
 are the children of the grandfather's niece's daughter, 
 which, in accordance with the second clause, is the same 
 
 ' Morgan's Syetems, Tables, Nos. 18-24, 46-55. 
 
NOMENCLATUEES. 195 
 
 as if they were the children of the father's daughter. 
 They therefore become sister's children to the speaker, 
 that is, they are his nephews and nieces. 
 
 The formal principle, so far as it has been carried out, 
 begins with the distinction between the father's and the 
 mother's brother. When we consider that the name of 
 " uncle," occurs without the name of " nephew," but not 
 the converse fact, it seems the more probable assumption 
 that the differentiation began in the younger genera- 
 tion, and then extended to the elder generation, since 
 the reverence felt for the latter was the moving cause. 
 The difference between the father's and mother's brother 
 has been remarked before, and nothing further is needed 
 to explain the nomenclature. The special names for the 
 mother's brother would only lead us to infer the exist- 
 ence of the female line, if the nomenclature expressed 
 predominance of the mother's brother, which, however, 
 it does not do ; whichever is the superior, the formal 
 expressions remain the same. In one respect only would 
 it be possible for the nomenclature to express the way in 
 which the power was distributed — that is, if the distinc- 
 tions between the kinsfolk of the dominant line were 
 given in greater detail. We also find that the tribes 
 which have only a single designation for the mother's 
 brother and all his descendants follow the male line, but 
 those tribes which call the father's sister " mother " and 
 "grandmother" observe the female line. The first of 
 these groups of nomenclatures is, however, the least 
 elaborate, and we are therefore justified in our conclusion, 
 with respect to the line of kinship, that the male, rather 
 than the female line, was the more primitive. 
 
 If we revert to the Turanian nomenclature, it also 
 affords facts which undoubtedly point to the formal 
 principle we have just stated. Tables VIII. and IX. give 
 the Tonganese nomenclature. It is, unfortunately, so 
 fragmentary that we are unable to ascertain whether 
 the mother's brother's special name was given to any one 
 
196 THE PEIMITIVE FAMILY. 
 
 else. We may, perhaps, infer that it was exclusively 
 applied to the mother's brother, since we find that the 
 special name of father's sister was given to no other person. 
 It appears that the name of " cousin " is in close connection 
 with these designations, since he is given as the uncle's 
 son, or the aunt's son. There are no definite designa- 
 tions for the children of male and female cousins, and 
 the other members of the generation of a man's children 
 are named after a noteworthy fashion. The names " son " 
 and "daughter" are given to a man's brother's children, to 
 those of his father's brother's son, and to those of his 
 mother's sister's son. The women, on the other hand, 
 never apply these names to any but their own children. 
 They address their brother's children as the men address 
 their sister's children, the children of the father's brother's 
 daughter, and the children of the mother's sister's daugh- 
 ter ; and the women use the names tama and tahivie for 
 sister's children, as well as for the grandchildren of the 
 father's brother and of the mother's sister. 
 
 We must point out the first characteristic of this 
 nomenclature : it is, almost throughout, restricted within 
 the limit of the lines marked out by the parents, the 
 brothers and sisters of the parents, and their children, 
 their own brothers and sisters, and their children. The 
 second characteristic consists in the strict isolation of the 
 children through their mothers, while the action of the 
 fathers is merely formal. The formal principle is also 
 shown in the fact that the son of the father's elder 
 brother is himself called the " elder brother," even although 
 he is younger than the speaker; and it is still more 
 apparent in the fact that the daughter of the father's 
 father's sister is, quite irrationally, called "father," and 
 the son of the mother's mother's sister is likewise called 
 "mother." We are here again presented with the process 
 of thought which, in the case of the Punka and some 
 other tribes, gives the name of " uncle " to all the pos- 
 terity of the mother's brother. We may also trace this 
 
NOMENCLATURES. 197 
 
 distinction and the equality of the sexes in the order in 
 which the different members of the family are ranked ; 
 this distinction and the formal mode of placing the 
 sexes on an equality appear in the fact that men regard 
 as equal, on the one side, the children, brother's children, 
 children of the father's brother's and of the mother's 
 sister's son, and, on the other side, the sister's children, 
 and the children of the father's brother's and of the 
 mother's sister's daughter. The women, again, distinguish 
 their own children and their brother's children from all 
 others. When the married pair are of equal birth, the 
 husband takes the first place, then come the wife, the 
 eldest son, the eldest daughter, the next son, the next 
 daughter, and so on; if there are no children, the 
 husband's brother and sister are next in rank. But the 
 wife's family takes precedence if she is of nobler birth.^ 
 
 A peculiar light is thrown upon the Tonganese no- 
 menclature by the following circumstance. It is not 
 used in daily life; not even the nearest kinsfolk are 
 addressed by the names of kinship ; a child, for instance, 
 never says " father," but prattles his father's name.^ Yet 
 we are told by Wilkes that the Tonganese form of 
 government so far resembles a family that the officials 
 address each other by the names of "father," "son," "uncle," 
 and " grandfather," without the slightest reference to their 
 mutual kinship.^ This makes all the irregularities of 
 the system quite intelligible, since it is precisely the 
 daily use which modifies the nomenclature and causes 
 it to be infused with the formal principle. The most 
 varied considerations will influence the system when 
 this influence is not impeded by its everyday use, by 
 the mother's unwillingness, for instance, to put the 
 children of other people on a level with her own. 
 
 The same fate, of not coming into everyday use, for 
 the most part applies to the descriptive nomenclatures. 
 
 ' Eienzi, vol. iii. p. 45. ' Morgan, Systems, p. 580. 
 
 ' Wilkes, vol. iii. p. 17. 
 
198 THE PRIMITIVE FAMILY. 
 
 Since we have seen that among the Tonganese, descrip- 
 tive names are given to the male and female cousins, the 
 suspicion arises that a connection exists between the 
 descriptive character of the terms and the fact that they 
 are not employed in daily intercourse. The descriptive 
 nomenclature merely consists in writing down the ideas 
 which, as Morgan has told us above,^ are entertained by 
 those people who have also a classifying nomenclature. 
 But Morgan is mistaken in ascribing the descriptive 
 nomenclature to the Aryan, Semitic, and Uralian peoples, 
 as if they were acquainted with no other system. Some 
 categories of descriptive nomenclature, such as " father," 
 " mother," "uncle," "aunt," and in some instances "brother,'' 
 "sister," "son," "daughter," "nephew," "niece," "male 
 and female cousin," are in everyday use ; and, as we 
 have already observed, in speaking of the use of classify- 
 ing nomenclature, the four first terms, which are used by 
 the younger generation in addressing their elders, are 
 generally adopted. The others, and particularly the terms 
 used by the elder generation in addressing the younger, 
 are only employed instead of the proper name in an 
 exceptional and quite irregular way. In everyday use 
 these names are much more inclusive than they appear 
 to be from the Tables. Instead of the descriptive names, 
 of which the meaning is difficult to grasp, the terms 
 " uncle," " aunt," " cousin," etc., are employed. The names 
 of more limited application, such as " father,'' •' mother," 
 "brother," and "son," are less freely used, although 
 they also come into use where only the character of the 
 relationship, but not the descent, is in agreement with 
 the ordinary meaning of the name.^ We cannot avoid 
 regarding Morgan's classification of the nomenclature as 
 quite erroneous. The descriptive and classifying nomen- 
 
 ' Morgan, Ane. Soc, p. 484. 
 
 ' In East Africa, a " son " signifies the inhabitant of the same village, 
 and "brother "an inhabitant of the same district (Burton, Zanzibar, 
 p. 421). In Poland, the tribes which use the same arms called eacb other 
 " brother " (Caro, vol. ii. p. 519). 
 
NOMENCLATUEES. 199 
 
 clatures are respectively employed, the latter for every- 
 day use, the former not ; that is, the first becomes most 
 prominent where the legal relations are parallel to those 
 of kinship; the second is of most weight where in- 
 dividuals do not stand in legal relations to other indi- 
 viduals, but where such legal relations are established 
 between groups, sometimes clans,, sometimes joint family 
 groups, sometimes a mixture of both. We may mention 
 as instructive instances the Eskimo and Karen nomen- 
 clatures. 
 
 The Karens differ from the Tamil race in important 
 points. They call the father's brother "uncle," the 
 mother's sister "aunt;" the children of these are 
 " cousins," and their children, again, are " nephews " and 
 " nieces." This is also the case with the Eskimos. Lub- 
 bock expresses surprise that two peoples, dwelling so 
 far apart, and under such different conditions, should 
 possess the same nomenclature, and, moreover, a nomen- 
 clature which is not in harmony with their social state. 
 This cannot be an accident, but must be regarded as a 
 development which took place in accordance with the 
 principle they had in common. Lubbock observes that 
 the nomenclature in question differs from ours in three 
 particulars, and it is precisely in these particulars that 
 it is not in agreement with itself. The children of 
 cousins are called " nephews," which, as a matter of fact, 
 they are not ; the children of nephews are called " grand- 
 children," and the grandfather's brothers and sisters are 
 " grandfathers " and " grandmothers." ^ Lubbock con- 
 siders that these names date from a time when parents' 
 brothers and sisters were held to be parents, and the 
 children of brothers and sisters were held to be brothers 
 and sisters. Yet it is at once apparent that we ourselves 
 run the risk of such irregularities of speech as soon 
 as our descriptive nomenclature becomes the mode of 
 address. We have the word "great-uncle" for the grand - 
 ' Lubbock, Orig. of Oiv., p. 199. 
 
200 THE PEBIITIVE FAMILY. 
 
 father's brother, but we have no special term for the 
 children of a cousin or nephew — a sure sign that in daily 
 intercourse the names belonging to other degrees of kin- 
 ship would be employed. The mode in which both 
 peoples live — in distinct patriarchal families — is in com- 
 plete agreement with the use of a special name for the 
 father's brother ; the necessity for such a special name is 
 wanting in the joint family group, as the Turanian 
 nomenclature shows. 
 
 In no instance do Morgan's explanations appear more 
 forced than when he attempts to account for the difference 
 between the typical Turanian system, as it is found 
 among the Tamil, Telegu, and Canarese peoples, and its 
 variants among the Hindus and Chinese. He applies to 
 the Hindu system a loose and altogether groundless 
 fancy with respect to the possible effect of a conflict 
 between races, one of which was settled in the country 
 and possessed the Turanian nomenclature, while the 
 other, the Sanscrit people which made a victorious entry 
 into the land, doubtless brought with them a nomen- 
 clature which was descriptive in its main features. 
 Among the Sanscrit races, indeed, the marriage of dis- 
 tinct pairs took place, and their nomenclature was conse- 
 quently of a descriptive character. Morgan finds the 
 strongest confirmation of the tenacious power of resistance 
 possessed by the fundamental ideas on which the Tura- 
 nian nomenclature relies, in the fact that the Sanscrit 
 peoples, in the course of the conflict, renounced the 
 nomenclature which was in harmony with their manners 
 and customs.-^ 
 
 If, however. Table X. is more closely examined, it 
 must be admitted that the characteristic features of the 
 Turanian nomenclature are considerably suppressed, so 
 that it becomes a question whether the Hindu nomen- 
 clature is altogether Turanian. Not only the mother's 
 brother receives the special name of " uncle," but the 
 ' Morgan, Syttemt, p. 408. 
 
NOMENCLATURES. 201 
 
 mother's sister is called "aunt." All the children of 
 brothers and sisters are " nephews " and " nieces," and 
 no distinction is made between the children of male 
 and female cousins, but both are called " nephews '' and 
 "nieces." The characteristic name for "cousin" does 
 not occur.. Either the name of "brother" or "sister" 
 is used, or an altogether descriptive term defines the 
 exact degree of kinship — such as " brother " or " sister " 
 — through the paternal or maternal uncle or aunt. Such 
 a nomenclature is quite in harmony with the social 
 relation of the Hindus ; religion unites father and child 
 with special bonds, and teaches them to distinguish this 
 from any other connection ; on the other hand, the living 
 together in a joint family group makes the distinction 
 between the brothers and sons of the father's brothers 
 xmimportant, so that all the cousins are declared to be 
 Sapinda, as if they were brothers. 
 
 Morgan has taken much trouble to show that the 
 Chinese nomenclature is intermediate between the 
 Malayan and Turanian nomenclatures,^ and I am com- 
 pelled to inflict upon the reader a somewhat lengthy 
 account of his views. As we see from Table X., the 
 word chih is used for the brother's descendants, as dis- 
 tinguished from those of the speaker. Morgan finds it 
 difiicult to give a fitting definition of the chih category.^ 
 It is used for the posterity of the brother and of the 
 speaker's collateral brother. The term " class " is adopted 
 by Hart, and although it does not fully represent the 
 idea, it is preferable to " branch " or " degree." These 
 and other similar categories are best interpreted by their 
 mode of use. In the closest degree of kinship ir and 
 neu define the family relationship ; i/r-tsze, or " boy-child," 
 is a son, and 7ieu-ir, or " maiden-child," is a daughter ; ir 
 is therefore the term for kinship, while tsze and neu only 
 appear to indicate the sex. Morgan is unable to decide 
 how far the two latter words, when the ir is omitted, still 
 ' Morgan, Systeme, p. 415. ' Ibid., p. 416, 
 
 19 
 
202 THE PKIMITIVB FAMILY. 
 
 signify " son " and " daughter," or if the unexpressed m* is 
 to be understood. The reciprocal relations of kinship in 
 the eases in question appear to be those of father and 
 son, father and daughter, grandfather and grandchild. 
 If this were so, the Chinese possessed the first character- 
 istic feature of the Turanian system. In spite of the 
 distinction made by the word chih between the brother's 
 posterity and those of the speaker, yet this branch of the 
 first collateral line flows into the direct line through the 
 categories of kinship which characterize both the Malayan 
 and Turanian systems. 
 
 Morgan goes on to say that the man calls his sister's 
 son waesung, which Hart translates as " outside nephew." 
 Wae signifies outside, and sung, originally signifying " the 
 daughter's child," acquires the meaning of " sister's son " 
 when preceded by wae. " Outside child " would, perhaps, 
 be a more correct translation. The sister's daughter is 
 called wae-sung-neu, translated by Hart as " daughter of 
 the waesung class." As we have said above, this might 
 be translated as " outside female child," or niece. This 
 latter form is preferable, since it is the correlative of the 
 uncle's degree of kinship. The son of the sister's child is 
 called wae-sung-sun, and his daughter is wae-sung-sv/n- 
 neu, that is, "grandchildren of the waesung class." These 
 translations are only valuable so far as they show that 
 the Chinese possess the third characteristic feature of 
 the Turanian system — that is, that a man's brother's 
 children rank as his own, while his sister's children are 
 nephews and nieces. Morgan proposes to show that this 
 feature does not so completely penetrate the system as 
 in the typical Turanian form. 
 
 On the other hand, the woman calls her brother's son 
 wae-chih, "outside nephew," or, if ir is implied, " child of 
 the wae-chih class ; " she calls her brother's daughter wae- 
 chih-neu, " outside niece," or "child of the wae-chih class." 
 The woman regards the children of these nephews or 
 nieces as grandchildren of the same class. The correla- 
 
NOMENCLATUEES. 203 
 
 tive degrees of kinship are, in the first place, " aunt- 
 mother," and sometimes " aunt." If this implies the 
 relative kinship between aunt and nephew, we observe 
 another of the characteristic features of the Turanian 
 system; but if ir is understood, the brother's children 
 are held to be children, in virtue of the categories of 
 kinship, and are only to be distinguished from these by 
 specific expressions which are found in no other system. 
 Hence it appears that the Chinese form is in process of 
 transition from the Malayan to the Turanian system. 
 
 Tbe woman calls her sister's son e-sung, to which no 
 translation is subjoined. Hart observes that the particle 
 e is combined from two words, one of which signifies 
 " woman " and the other " stranger." It recurs in the word 
 for " mother's sister," e-7na. Sung has been given above. 
 This branch of the first collateral line is the same, 
 whether the speaker be man or woman, except that in 
 the former case the prefix wae, in the latter case the 
 prefix e, is used. The sister's children, therefore, stand 
 in the same relation to the female as to the male kins- 
 folk, except that the kinship is held to be more or less 
 remote in accordance with the ideas expressed by the 
 particles e and wae. 
 
 The explanation given by Morgan in the foregoing 
 passage cannot be accepted, since it undertakes, without 
 any good reason, to set aside the class- words applied to 
 the nearest degrees of kinship, and at the same time 
 regards the termination by which the expression is 
 qualified as the only one which is decisive. Take, for 
 example, his explanation of the word wae-sung. Wae is 
 said to mean " outside," and sung, of which the original 
 meaning is "daughter's child," signifies "sister's son" 
 when the prefix wae is added. Morgan, as we saw, pro- 
 poses to translate " outside child " as equivalent to 
 nephew. It must, however, at once be evident to the 
 unprejudiced reader that the diflaculty which we have 
 to solve consists in the fact that a word, of which the 
 
204 THE PKIMITIVB FAMILY. 
 
 original sense is " outside daughter's son," should come 
 to mean " sister's child," and, indead, " sister's son," and 
 should cease to indicate the speaker's grandchild. Morgan 
 is intent on providing the nephew with the same desig- 
 nation as the child, and in his eagerness he overlooks 
 the point in question. However great the difficulty may 
 be, it is solved by the periphrasis of using the word 
 " father's daughter" instead of "sister." Wae, or "outside" 
 then signifies that the mother of the child in question 
 is not the speaker's daughter, but the daughter of the 
 speaker's father — that is, she springs from the generation 
 outside of that of the speaker. 
 
 The Table shows that tvae-sung ascribes the children 
 of the father's brother's daughter to the class tang ; these 
 are, however, the children of the grandfather's son's 
 daughter. Woe-sung, of the class peaon-chih, stands 
 for the children of the father's sister's daughter, that 
 is, for the children of the grandfather's granddaughter. 
 But the word sung never occurs to designate the 
 children of the mother's brother's daughter, that is, 
 for the children of the son's daughter of the mother's 
 father ; nor, again, for the children of the mother's 
 sister's daughter, that is, for the children of the mother's 
 father's granddaughters All these persons are entitled 
 wae-peaon-chih and wae-e-peaon-chih. In this way the 
 meaning of these expressions no longer presents any 
 difficulty. The Table teaches us that the children of full 
 brothers and sisters are designated in two ways, accord- 
 ing to the speaker's sex, but that these twofold expres- 
 sions are only used in this degree of kinship. The word 
 wae only occurs in these twofold expressions in speaking 
 of the children of brothers or sisters of a difierent sex 
 from that of the speaker, and the word only occurs in 
 the other categories when the daughter's children of one 
 of the brothers and sisters of the speaker's parents are in 
 question. 
 
 Starting from this fact, it may seem to be an irregu- 
 
NOMENCLATURES. 205 
 
 larity that women should use wae in speaking of their 
 brother's children. But the twofold expressions applied 
 to these degrees show that it is due to considerations of 
 the different sex of the brothers and sisters in this first 
 generation. The position of individuals within the patri- 
 archal family is the same or different, in accordance with 
 the fact that they are of the same or of another sex ; on 
 the other hand, their relation to their grandfather's gene- 
 ration does not depend upon the sex of the individuals, 
 but upon the fact that they are connected with that 
 generation through the father or mother. This shows 
 that all the expressions in question are influenced by the 
 same idea, namely, that the children of the father's house 
 are aliens to their mother, and belong to their father's 
 family. 
 
 In this way we have a simple explanation of the use 
 of the particle, of which the meaning has been given 
 above as " stranger woman." The degrees of kinship 
 which are thus designated are all connected with the 
 mother's sister, either as her children, grandchildren, or 
 great-grandchildren. No bond unites the families to 
 which the children of two married sisters belong, whUe 
 both are united with the family of these sisters' brother, 
 who represents their original family. Only the children 
 of the speaker's mother's sister, not those of his mother's 
 brother, are of such remote kinship as to be designated 
 by the particle e. There is only a single case which 
 throws doubt upon this usage. The woman calls her 
 sister's children e-sung, but the man calls them wae-sung. 
 Morgan, as we saw above, holds that e and wae are used 
 in the same sense, but he does not explain how it is that 
 the sister's children in this case obtain a designation 
 which is in other instances reserved for the family of the 
 mother's sister. It is only needful to refer to the condi- 
 tions of kinship to see that a male speaker is mother's 
 brother to his sister's children, while the female speaker 
 is the mother's sister. There is therefore a strongly 
 
206 ■ THE PEIMITIVE FAMILY. 
 
 marked difference between e and wae, which is due to 
 the legal connection of the two families, and it is quite 
 logical that the woman should place her sister's children 
 in the category of e. 
 
 The word taing is used when the generations are con- 
 nected through brothers, of whom the speaker is not one. 
 The word peaon is used when the brothers or. sisters are 
 of a different sex from that of the speaker. 
 
 The principle dominating the Chinese nomenclature 
 is therefore the same as that which prevails in the Tura- 
 nian, and in some cases in the Ganowanian systems; 
 namely, that the position of the individual is decided by 
 his parents' generation and not by his own. 
 
 In the whole nomenclature the word chih presents 
 the only difficulty. It does not occur in the designations 
 for sisters' children, and for the daughter's children of the 
 father's brother. This may lead us to surmise that its 
 meaning became superfluous owing to the use of wae-sung 
 or e-sung ; but the two words are used in connection for 
 the daughter's children of the father's sister. This is 
 perhaps because peaon-chih, which always occurred to- 
 gether, had been almost fused into one word, so that the 
 expression peaon-chih-wae-sung for the daughter's child 
 of the father's sister merely includes a superfluous 
 definition. 
 
 If we are to define the character of the Chinese 
 nomenclature, we should say that it resembles our own ; 
 that it is a classifying, descriptive nomenclature, which 
 has been polished by frequent use in daily intercourse. 
 The great power exerted by groups of kinship and the 
 life of a community partly founded on economical con- 
 siderations, decide the selection of the classifying cate- 
 gories which are employed. As Morgan observes, the 
 posterity of a married pair does not in theory go beyond 
 the class of brothers, and hence there arises a recognized 
 connection of kinsfolk which never becomes extinct, 
 although practically it is not considered beyond the fifth 
 
NOMENCLATURES. 207 
 
 degree. If the father dies intestate, the property is 
 usually not divided during the widow's lifetime, but it 
 remains under the control of the eldest brother. After 
 the widow's death, the eldest son divides the property 
 between himself and his brothers, and the portion of the 
 younger brothers is altogether dependent on the will of 
 the elder.^ 
 
 A consideration of the whole series of our researches 
 into nomenclature will show that it affords no warrant 
 for the far-reaching conclusions of Morgan, McLennan, 
 Lubbock, and others. The nomenclature was in every 
 respect the faithful reflection of the juridical relations 
 which arose between the nearest kinsfolk of each tribe. 
 Individuals who were, according to the legal point of view, 
 on the same level with the speaker, received the same 
 designation. The other categories of kinship were formally 
 developed out of this standpoint. The writers in ques- 
 tion hold that the correct understanding of nomenclatures 
 must be found in considerations of the circumstances of 
 marriage and descent which are concealed in the cate- 
 gories of nomenclature, but the assertion is altogether 
 unproved. We must, however, admit that the correct in- 
 terpretation which we now flatter ourselves to have given, 
 diminishes the significance of nomenclatures as a contri- 
 bution to the means of historical research to such an 
 extent that it ceases to possess the interest which would 
 entitle us to dwell further on the subject. Lubbock, in 
 his remarks on Morgan's book, states that while he does 
 not accept his most important conclusions, yet he cannot 
 avoid declaring that Morgan's work is one of the most 
 important contributions to ethnological science which has 
 appeared for many years.^ With all respect for Morgan's 
 diligence as a collector of facts, I am more disposed to 
 agree with McLennan that his work is altogether unscien- 
 tific, and that his hypotheses are a wild dream, if not the 
 
 ' Morgan, Systems, p. 424 ; Appendix ix., p. 425 ; Appendix xvi. 
 ' Lubbock, Orig. of Civ., p. 157. 
 
208 THE PBIMI'rn'E FAMILY. 
 
 delirium of fever.^ His statements throughout are based 
 on such vague analysis and such irrational psychology, 
 that they can only confuse the question, unless they are 
 altogether ignored. 
 
 ' McLennan, Studies, p. 360 
 
CHAPTER VI. 
 
 EXOGAMY AND ENDOGAMY. 
 
 ConoeptioB of exogamy and endogamy — Their relation to incest— Modern 
 ideas of incest — Immorality and incest — Various explanations of 
 exogamy — Symbol of rape — Its bearing — Causes of rape of women 
 — Symbol of rape and modesty — Criminal ties — Desire of trophies — 
 Clanless tribe endogamous — Exogamy and incest — Australian legend 
 — Crime and punishment — Marriage and sexual intercourse — Mar- 
 riage of royal brother and sister — Breach of privilege and marriage 
 — King and his sister — Legal character of marriage — Endogamy — 
 Arabs — Castes and classes — Karens — Kookas— Ceremonial inter- 
 course of parents and children-in-law — Ceremonial and marriage 
 by violence — Modesty of Bechuauas and Beni-Amira — Keverence 
 of Caribs — Symbol of rape. 
 
 In the preceding pages we have repeatedly had to con- 
 sider exogamy, and also some of the facts of endogamy. 
 We need only remind our readers that exogamy signifies 
 the prohibition to contract marriages within the group, 
 while endogamy forbids marriage outside the group. It 
 is not too daring to hope that a closffl: examination of 
 these two customs may enlighten us with respect to the 
 ideas which underlie primitive man's view of marriage, 
 whether these ideas agree with our own, or display the 
 same difierence between barbarism and civilization as 
 we find to exist in the relations between parents and 
 children. 
 
 The strong moral force which characterizes these pro- 
 hibitions, the inexorable strictness with which they 
 are obeyed, and the deep abhorrence with which a 
 
210 THK PltlMITP/E FAMILY. 
 
 transgressor is regarded, are sufficient reasons for ven- 
 turing to place these prohibitions on a level with those 
 which in our own case define the limits of a lawful con- 
 tract of marriage. There is little which has to do with 
 endogamy now extant in our communities, but at any 
 rate class-prejudices assert themselves to a degree which 
 is almost as stringent as express prohibitions ; exogamy, 
 on the other hand, is confidently believed to actuate 
 our ideas of incest. If this belief is correct, the ideas 
 of incest must originally have had a different scope 
 from those which prevail with us, for primitive men 
 often permit the marriage of persons who are, according 
 to our ideas, too nearly akin, while, on the other hand, 
 persons whom we reckon to stand in very remote kin- 
 ship to each other are, according to primitive ideas, 
 unconditionally forbidden to intermarry. The different 
 conceptions of kinship entertained by ourselves and by 
 primitive communities compel us to infer a like difference 
 in the ideas which actuate a possibility of entering into 
 a contract of marriage ; and this difference may detract 
 from the interest with which we consider the conditions 
 of kinship which regulate all the circumstances of life 
 so rigidly that they are almost a religion. If this view 
 is not confirmed, and the ideas of incest are shown to 
 arise from a common source, the justice of the theory 
 we have put forward may be called in question. We- 
 must, in the first place, consider the basis on which our 
 moral estimate of-incestuous connections is founded. 
 
 If the idea of marriage is defined to be a bond which 
 unites souls as well as, and even more truly than, bodies, 
 it would immediately appear that no better conditions of 
 marriage could be devised than that between brother 
 and sister, father and daughter, mother and son. In the 
 two latter cases, indeed, the disparity in age would as a 
 rule be so great that there would be less probability of 
 a perfect marriage, with spiritual interests in common. 
 But as marriage between persons of different ages was 
 
EXOGAMY AND ENDOGAMY. 211 
 
 allowed in other instances, this circumstance could not 
 have been the reason of the prohibition. The moral 
 aversion which we entertain in the case of marriage be- 
 tween near kinsfolk may, I think, be indirectly explained, 
 for there cannot be a more A'^alid objection to such mar- 
 riages than the fact that the offspring of such marriages 
 are so often idiotic, or at any rate in some respect de- 
 ficient. Whatever may have been the origin of these 
 prohibitions, they obtained a character of moral sanctity 
 from the fact that they have so long been part of the 
 moral code which is based upon religion. The moral 
 aversion to incest must for the most part be traced to 
 this historical source, and it is certainly in general agree- 
 ment with the ideas of primitive men. But what we are 
 now anxious to ascertain is whether incest ought to be 
 condemned for the same reasons as theft and murder. 
 Except for the undesirable character of such connections 
 which we have mentioned above, it hardly seems possible 
 to find a single valid reason for the vehement condemna- 
 tion of these marriages. 
 
 It must also be remembered that when incest is in 
 question among ourselves, we always have to do with an 
 immoral connection, since the law does not recognize a 
 marriage between kinsfolk who are within the prohibited 
 degrees. While such immorality is in all cases held to be 
 blameworthy, it is naturally still more severely condemned 
 when it occurs between persons who are ordinarily sup- 
 posed to stand in a peculiar relation to 'each other. We 
 cannot precisely estimate how far this circumstance in- 
 fluences our abhorrence of incest, but it is certainly not 
 insignificant. The historical basis for the prohibition of 
 marriage between near kinsfolk also involves the abhor- 
 rence of any sexual connection between them, since its 
 legalization by marriage thereby becomes impossible. I 
 maintain that the prohibition should be observed if it 
 can be proved by facts that the connection of kinsfolk is 
 injurious to their offspring, since it is morally culpable to 
 
212 THE PRIMITIVE FAMILY. 
 
 bring sickly children into the world. But in a com- 
 munity in which marriage takes place between con- 
 sumptive and syphilitic persons, and those affected by 
 hereditary disease, without being condemned by public 
 opinion, and still leas by the law, it cannot be said that 
 the condemnation of incest is founded on our regard for 
 posterity. The explanation should rather be sought in 
 its historical origin, and here, as we have said, we are 
 confronted with exogamy. But it by no means follows 
 that the same ideas which originally produced these 
 prohibitions underlie the various prohibited degrees 
 of marriage which are now in force. 
 
 Speaking generally, we may say that the unmarried 
 woman of barbarous peoples enjoyed full liberty in all 
 sexual matters. But the prevailing custom of marriage 
 between quite young children had the effect of subjecting 
 a girl- to the same restrictions as a married woman of 
 mature age. Whatever other causes may have been at 
 work to produce the demand for chastity in unmarried 
 girls, I believe that its chief source is to be found in these 
 early marriages, and in the consequent habit of desiring 
 and enforcing discreet behaviour in young girls. Long 
 before this demand for chastity was established, however, 
 we meet with exogamy, or a prohibition of marriage be- 
 tween certain persons. Two conflicting explanations of 
 / this fact have been given. The first, which is put for- 
 ward byMc Lennan, Spencer, and Lubbock, refers exogamy, 
 as the express prohibition of certain marriages, to certain 
 customs which had nothing to do with any abhorrence 
 of incest. The other explanation, by Morgan, regards 
 exogamy as the desire to prevent connections between 
 too near kinsfolk. We will first consider McLennan's 
 view. 
 
 A symbol exists among the wedding ceremonies of 
 most peoples which in some way or other illustrates the 
 forcible capture of the bride by the bridegroom, as, for 
 instance, in the well-known Roman customj for which an 
 
EXOGAMY AND ENDOGAMY. 213 
 
 explanation was invented in the tale of the rape of the 
 Sabines.^ In order to understand this symbol of rape, 
 McLennan suggests the following basis for further in- 
 quiries. Wherever we find symbolic forms, we are 
 justified in the conclusion that the actual facts of the 
 extinct life of the people were in correspondence with 
 them ; and when we lind such actual customs in the 
 mode of life of primitive peoples, which have, owing to 
 a growing culture and civilization, naturally parsed into 
 mere forms, we cannot hesitate to infer that the people 
 which now use the symbol at one time lived after the 
 manner of these primitive men.^ The symbol of rape, 
 therefore, points to a time when the people obtained their 
 women by violence. 
 
 To this we reply, in the first place, that the greatest 
 caution should be used in identifying a given symbol 
 with a definite previous practice ; especially since, in the 
 case we are considering, the conclusion that we have to 
 do with a symbol of rape is somewhat too hasty, since 
 there is only the faintest display of force on the part 
 of the husband. The fact that the man carries his bride 
 into the house on his back does not, without further 
 evidence, appear to us to be one of the symbols of rape ; 
 nor, again, that the bride apparently or in reality runs 
 away and conceals herself from the bridegroom, who is 
 compelled to find and seize her. And, secondly, McLen- 
 nan's assertion does not seem to be altogether intelligible. 
 In order to refer a symbol to an extinct fact, it is not 
 enough to invent customs which might naturally have 
 faded into such forms ; it must also be shown that the 
 forms in question can be explained in no other way. 
 McLennan has so completely accepted his own theory 
 that he does not consider this.* It is not true that there 
 is always an actual fact in correspondence with the 
 
 " It is not difScult to find instances. 1 may refer to oh. ij. of 
 MeLennau's Studies; Lubbock, Orig. of Civ., p. lOti; and Dargun, p.78. 
 ' McLennan, Studies, p. 6. 
 
 20 
 
214 THE PRIMITIVE FAMILY. 
 
 symbol, even when it is added that it is an image of an 
 extinct fact. In many places there is a wedding custom 
 that the bride should prepare a meal for the bridegroom ; 
 this custom cannot be an image of an actual fact, but it 
 simply represents a definite process of thought. At any 
 rate, we should not in the outset set aside the possibility 
 of interpreting the symbol of rape in a similar way. 
 After these parenthetical remarks, we return to our 
 statement of McLennan's theory. 
 
 The symbol of rape is not only a survival of the sad 
 reality of primitive times, it is also an important cere- 
 mony. Hence McLennan finds it impossible to under- 
 stand how the simple lawlessness of savages should have 
 been consecrated into a legal symbol, or that a like 
 symbol should not occur in transactions which have to 
 do with other kinds of property.^ If the custom of 
 obtaining wives by fraud or capture had not been fo 
 general as to prevail almost without exception, it would 
 be difficult to understand how the association between 
 rape and marriage became so close in the popular mind 
 that the one was not valid without the other. The rape 
 of women must have been systematic in the tribe, and 
 it was of necessity women of another tribe which were 
 taken by violence.^ If this view is accepted, it becomes 
 possible to see a proof of exogamy in the symbol of 
 rape ; that is, the murder of female infants led to the 
 custom of obtaining the women of another tribe by 
 capture ; and this custom, again, created a prejudice 
 against marriage with women of the same tribe, which, 
 as so readily occurs with all prejudices which refer to 
 marriages, acquired the strength of a religious principle.^ 
 McLennan thinks any other view unreasonable, since he 
 is of opinion that the facts of primitive life, and the 
 disappearance of exogamy as communities become more 
 
 ' Lubboek, Orig. of Civ. (p. 105), assigns aa a reason for this fact that 
 tlie Vfife is not trans-mitted to her owner with his other property. 
 » McLennan, Studies, p. 112. ' Ibid., p. 112. 
 
EXOGAMY AND ENDOGAMY. 215 
 
 developed, exclude the supposition that the law arose 
 from an innate or original abhorrence of marriage between 
 kinsfolk. Primitive men had, indeed, no such prejudice, 
 and if not strictly endogamous — which involves the pro- 
 hibition of marriage with any but kinsfolk — they were 
 more addicted to connection with the latter than with 
 strangers.^ 
 
 Spencer may be mentioned as the first of McLennan's 
 opponents, and then Lubbock. In the Fortnightly Review 
 (1877), McLennan has disputed the truth of Spencer's 
 explanation of the ideas of exogamy arid endogamy, but 
 he has done it in a way to which no importance can be 
 attached. He says that Spencer speaks of communities 
 which are at once exogamous and endogamous ; and it 
 must be admitted that, according to the strict meaning 
 of the terms, this is a contradiction. But if we are to 
 agree with McLennan in regarding exogamy as arising 
 from a custom which was only gradually developed, no 
 objection can be made to Spencer's assertion that the 
 custom in question was not yet fully established. With 
 respect to Lubbock, we may mention in passing that 
 he misunderstands the question in a way to which the 
 reader's special attention must be drawn. He writes 
 that McLennan declares marriage by capture to have 
 arisen from exogamy, whereas it might be more justly 
 inferred that exogamy resulted from marriage by capture.^ 
 Lubbock in this case does not distinguish between two 
 wholly different things — marriage by capture, and the 
 symbol of rape at the wedding feast. McLennan traces 
 the origin of exogamy to marriage by capture, while he 
 holds that the former — that is, the transformation of 
 marriage by capture into a system — caused the symbol 
 of rape to become a wedding ceremony. 
 
 If McLennan's explanation is correct, it implies that 
 the scarcity of women was the reason for obtaining them 
 by capture. Spencer denies the possibility of this 
 • McLennan, Studies, pp. 112, 116. = Lubbock, Orig. of Cii;, p. 10.5. 
 
216 THE PEIMITIVE FAMILY. 
 
 assumption, since the tribes which obiained their wives 
 by capture were as a rule polygamous/ This objection 
 appears to me to be unanswerable ; but Spencer's other 
 objection is less happy, namely, that some polyandrous 
 tribes, such as the Eskimos and Todas, do not take 
 women by force. Even if polyandry indicated a scarcity 
 of women — which, however, is not the case — the practice 
 of these tribes would show that the attempt to supply 
 a scarcity of women was not always made, but not that 
 they would not make use of the expedient of obtaining 
 them by force if the desire to do so arose. We need not, 
 however, lay any stress upon this point, since we are 
 not concerned to know whether they usually had recourse 
 to the rape of women as the means of supplying a 
 scarcity, but whether the scarcity of women was the 
 universal cause of such rape. We think that Spencer is 
 justified in rejecting the latter hypothesis, and hence it 
 becomes necessary for him to supply another explanation 
 for the one he has rejected, and to indicate what was the 
 general cause of the rape of women. 
 
 Spencer asserts that this custom was at first the 
 result of success in war ; the captive woman had a double 
 value, since she not only served as a slave, like the tribal 
 wife, but she also served as a trophy of victory. Hence 
 marriage with women of other tribes was held to be 
 more honourable, and rising ambition, especially in the 
 most warlike tribes, ultimately produced the imperative 
 demand that the wife should come from another tribe.^ 
 Spencer's explanation goes a step further than his theory 
 will warrant. He undertakes to explain exogamy, and 
 not the occurrence of the symbol of rape among the 
 wedding ceremonies. McLennan is convinced that it is 
 only the general practice of obtaining women by capture 
 which explains the existence of the symbol, and that it 
 is therefore the evident sign of exogamy. Spencer only 
 agrees with McLennan in regarding exogamy as a custon) 
 ' Spencer, Frinc. of Soc, p. 647. '' Ibid., p. 650. 
 
EXOGAMY AND ENDOGAMY. 217 
 
 changed into law, but he does not accept the symbol of 
 rape as its evident sign, since it may owe its origin to 
 the violent seizure of tribal women, instead of to the 
 capture of those of other tribes.'^ But if the rape of 
 women can be practised within the tribe, it need no 
 longer be assumed that a young man's ambition impels 
 him to take a wife from another tribe, -and therefore 
 we say that Spencer's conclusion has exceeded the limits 
 of his own theory. 
 
 Spencer goes on to say that the symbol of rape may 
 have this meaning among others — that it symbolizes the 
 resistance which the woman opposes to her seizure, and 
 she can reckon on the aid both of her female and male 
 kinsfolk for this resistance. While Lubbock will not 
 admit that the woman's modesty can be the cause of the 
 symbol of rape, Spencer quotes some instances which 
 seem to him opposed to Lubbock's opinion.^ Of these 
 we will only cite one. Among the Arabs of Mount Sinai, 
 the bride defends herself by throwing stones, and often 
 wounds the young man, even when her wooer is not dis- 
 pleasing to her ; for according to their customs her fame 
 is increased by the vehemence with which she resists, 
 bites, pinches, screams, and struggles. Even during the 
 procession to her husband's bed, modesty enjoins her not to 
 cease from screaming and sobbing.* Spencer's quotation 
 does not mention that this stone- thro wing takes place 
 when the bridegroom and his comrades fall upon the 
 bride as she is returning with the flocks from pasture. 
 This circumstance is, I think, not insignificant, since it 
 seems to constitute the whole incident into a symbol of 
 rape ; both during the conflict and after the bridegroom's 
 victory, the bride plays the part of being distracted by 
 
 ' Spencer, Princ. of Soc, p. 653. 
 
 ' Lubbock, Orig. of Civ., p. 106. See McLennan, Studies, pp. 15, 10. 
 
 ' Burkhardt, vol. i. p. 263. With respect to the Araucanians, see 
 Smith, p. 215 ; to the Pampas, M'Cann, p. 128 ; to the Malays, Earl, p. 
 214 ; to the Assamese, Butler, p. 226 ; to the Druses, Ohasseaud, pp. 148, 
 165. 
 
218 THE TEIMITIVE FAMILY. 
 
 the dread of actual violence. Yet it is not possible to 
 discover any symbol of rape when the whole ceremony 
 consists in the weeping and wailing of the bride as she 
 is being taken to her new home. Spencer remarks that 
 there is at any rate a motive for the bride's resistance, 
 since the savage is harsh to his wife, and uses her as his 
 slave.^ Although the extent of her husband's brutality 
 is doubtful, and the daughter's lot may not appear to be 
 much milder than that of the married woman, so that 
 such a cause for weeping may not exist, yet this remark 
 shows the direction in which the true explanation lies. 
 It symbolizes the sorrow of the bride on leaving her 
 former home; her close dependence on her family is 
 expressed by her lamentation. We cannot be surprised 
 to find such symbols in communities of which the family 
 bond is the alpha and omega. 
 
 Among the Samojedes, when the bride sews the seams 
 of her husband's tent, her kinsfolk stand in a row and 
 exclaim, " Why do you bend over it ? Stand upright ; 
 your father lives, your mother lives." ^ The plaintive song 
 of the Druse bride, the words of consolation addressed 
 to the Fijian bride, etc., all indicate the same tendency.^ 
 The grief of seeing the old bonds relaxed or broken is 
 expressed in the bride's lament, and it can find no more 
 fitting symbol than in the resistance offered by her kins- 
 folk ; if this basis is conceded, it is easy to account for all 
 the symbols of rape with which we are acquainted. We 
 shall presently pursue this train of thought, but in the 
 meantime we return to Spencer. 
 
 The question with which we are immediately con- 
 cerned, is whether Spencer's interpretation of exogamy 
 is valid, as far as it is concerned with the symbol of rape. 
 Without going further, it must be admitted that what- 
 ever has originally been held to be peculiarly honourable 
 may gradually be transformed into that which is only 
 
 ' Spencer, Princ. of Sob., p. 654. ^ Klaproth, p. 90. 
 
 ' Chasseaud, p. 165. WilLams and Calvert, p. 145. 
 
EXOGAMY AND ENDOGAMY. 219 
 
 customary, and which it would be disgraceful to omit. 
 But the abhorrence with which exogamous tribes regard 
 endogamous connections seems to imply something more 
 than this. Thus, among the Australians, those kinsfolk 
 who intermarry are persecuted to death ; only if they 
 have been able to avoid such persecution for a long 
 period, it ceases, and the whole story is forgotten and 
 forgiven. Even the children which are born of this 
 criminal connection run the risk of being put to death.^ 
 Although marriage with women of other tribes, which 
 was originally an honourable distinction, may become so 
 general as to cease to be meritorious, while marriage 
 with tribal women, which was originally the most usual, 
 has now become contemptible, yet we can hardly accept 
 the suggestion that this contempt was simply transformed 
 into, an abhorrence which regarded such a marriage as a 
 crime, of which the guilt was immense and unpardon- 
 able. So many dishonourable acts met with indulgence 
 that we must seek for the cause of this passionate emo- 
 tion. Hardly any explanation can be satisfactory of 
 which the intelligible basis does not consist in ideas of 
 the violation of a sacred right ; but we cannot see that 
 this is the case with Spencer's suggestion, although we 
 are not bold enough to assert that it is absolutely 
 impossible. 
 
 We have another remark to make on Spencer's hypo- 
 thesis. It does not agree with the fact that there is no 
 tribe in which the men only marry captive women, nor 
 indeed in which such marriages are the most common. 
 When Spencer states that before marriage it was often 
 necessary to give proof of courage, and that this led to 
 the symbolizing of the wife as a trophy, we cannot agree 
 with his opinion, since we believe that the proofs of 
 courage demanded of a bridegroom must be regarded as 
 a symbolic wan-ant of his capacity to provide for and 
 protect a wife. Moreover, exogamy, or marriage with 
 ' Fison and Howitt, pp. 64-67. 
 
220 THE PEIMITIVE FAMILY. 
 
 none but alien women, cannot have had its origin in a 
 desire for trophies. The love of fame might perhaps 
 impel a man to obtain one wife by force, but it would 
 not excite the desire to obtain them all in this manner, 
 and a man who could only support one wife would cer- 
 tainly not be strong enough to seize and defend her. If 
 marriage with women of the tribe was gradually sup- 
 pressed by marriage with captive women, these wives 
 would also gradually lose their value, and the tribe would 
 be endangered by the lusts of robbers from other tribes. 
 We have spoken above of the general massacre of female 
 infants which would doubtless have ensued, and which 
 Spencer himself has ceased to ridicule as an absurdity. 
 Exogamy could only become possible when marriages 
 were contracted in a peaceable manner, and in that case 
 the alien wife must have ceased to be a trophy. 
 
 Lubbock's explanation is altogether different. He 
 assumes that the relations between the men and women 
 of the same tribe were originally communistic; the 
 warrior might perhaps claim the captive taken in battle 
 as his own, and withdraw her as far as possible from the 
 communistic usages. The captive occupied an excep- 
 tional position; the tribe had no claim to her. Her 
 captor, who might have killed her, had spared her life ; 
 he had acted independently, and the tribe had no word- in 
 the matter.^ Thus exogamy was the means by which 
 communism gave way to the marriage of individuals, and 
 the advantages which were partly due to such permanent 
 connections and partly to the fusion of different tribes, 
 secured victory to the exogamous tribes in the long-run, 
 and this, again, served to establish exogamy.^ Lubbock 
 believes that the symbol of rape became such an important 
 part of the wedding ceremonies, because it was the 
 symbol of giving up the woman to become the exclusive 
 possession of one man.^ 
 
 ' Lubbock, Orig. of Civ., p. 104. ' Ibid., p. 124. 
 
 ' McLennan, Studies, pp. 444, 446. 
 
EXOGAMY AND ENDOGAMY. 221 
 
 Lubbock's explanation of exogamy is so closely 
 interwoven with his communistic hypothesis that it 
 must stand or fall with it. As we have already de- 
 clared, and shall more clearly show in the sequel, we 
 regard the communistic hypothesis as wholly false, so 
 that there is no reason for closely examining his ex- 
 planation of exogamy ; we may content ourselves with 
 quoting McLennan's incisive criticism. This writer 
 observes that a symbol must represent actual facts. The 
 symbol of rape may, however, represent several acts ; 
 either a siege, or a battle, or the forcible entry into a 
 house by a band of men; only occasionally, instances 
 might occur of a capture by one individual. The man's 
 kinsfolk stand on one side, the woman's kinsfolk on the 
 other. If, however, women were usually taken captive 
 by a group of men, acting in common, and enjoying their 
 sexual pleasures in common, I do not see how it would 
 be more easy for a man to take for hiiAself a captive 
 woman, instead of one belonging to his tribe.^ This criti- 
 cism is destructive of Lubbock's hypothesis, and only 
 leaves the modest remnant of truth, that whoever in a 
 primitive community wishes to obtain a wife for himself, 
 must generally contend with a rival. It is possible that 
 it occurred to Lubbock to derive the symbol of rape from a 
 conflict within the tribe, since he himself takes credit for 
 the greater merits of his hypothesis as compared to that 
 of McLennan, which is not in agreement with the fact 
 that some endogamous tribes observe the symbol of rape.^ 
 
 When we turn to the second group of the suggested 
 
 ' McLennan, Studies, pp. 444, 446. 
 
 ' Lubbock, Orig. of Civ., p. 124. This criticism must be an oversight, 
 since immediately afterwards Lubbock remarks on the important part 
 which this fact plays in McLennan's estimation, as bearing witness to the 
 transition from exogamy to endogamy in the tribe in question : " It is not 
 easy to believe that such a regulation, existing among endogamous tribes, 
 is referable to the feeling that a victorious warrior sliould have the full 
 disposal of spoils of war ; it is much more likely that it was a relic of a 
 time when the tribes — or rather, the race from which they sprang — were not 
 endogamous," etc. (McLennan, Studies, p. 72). 
 
222 THE PKIMITIVE FAMILY. 
 
 explanations of exogamy, which assert that it arose from 
 ideas of the hatefulness of incest, we meet with some 
 observations which, if they are correct, overthrow the 
 theories of the writers we have just quoted. Maine 
 writes that he does not consider the ideas of exogamy 
 and endogamy to be directly opposed to each other, since 
 no community can be found which is not at once exoga- 
 mous and endogamous.^ Morgan observes in the same 
 sense that it is by no means probable that an exogamous 
 tribe, divided into clans, has existed at any time and in 
 any place. Wherever we find clans, with some few 
 exceptions, marriage within the clan is forbidden. This 
 afibrds what McLennan calls exogamy. Intermarriage 
 between the clans is, however, ordained; that is, each 
 clan is exogamous, and the tribe is endogamous. The 
 twofold conception, which is only concerned with the one 
 fact that marriage is prohibited within the tribe, then 
 becomes unavailing, since we can no longer regard 
 exogamy and endogamy as a twofold conception, defining 
 social ordinances which are directly opposed to each 
 other.^ We admit that it is scarcely credible that 
 McLennan, Spencer, and Lubbock should not have 
 observed that exogamy is only concerned with the clan, 
 but not with the tribe, even if McLennan, on whom the 
 other two inquirers rely, had not directly declared that 
 exogamy was merely observed by the subdivisions or 
 clans.* Here we agree with Morgan, for this fact has 
 not been duly estimated by any of the writers in 
 question, and they begin by assuming the exogamy of 
 the tribe. The clans must have arisen from the intro- 
 duction of alien women, whose posterity belonged to 
 their mother's family, or from the fusion of several tribes 
 into one tribe, consisting of several clans.* We have 
 
 ' H. S. Maine, Early Law, p. 222. 
 
 ' Morgan, Ane. Soc, pp. 512, 514 ; copied from Giraud-Teulon, p. 106. 
 ' McLennan, Studies, pp. 113-115. Morgan was aware of this passage, 
 and quotes it in Anc. Soc, pp. 511, 512. 
 
 * McLennan, Studies, pp. 93, 184. Lubbock, Orig. of Civ., p. 109. 
 
EXOGAMY AND ENDOGAMY. 223 
 
 seen above that the clan did not always exist, and that 
 tribes in which there are no clans may still be found. 
 The question then arises whether these clanless tribes 
 are to be considered exogamous. Without exception, 
 however, they prove to be endogamous, or at any rate 
 not exogamous, so that there is no positive fact which 
 confirms McLennan's theory. And if it further appears, 
 as Morgan declares, that the tribes subdivided into clans 
 are endogamous for the tribe, the basis of exogamy — if 
 our hypothesis is to rely on a basis of facts, and not on 
 a pnori axioms — is to be sought in the circle of ideas 
 upon which the clan rests. It is, consequently, incum- 
 bent on us to discover which of these ideas are at work 
 to cause the prohibition of marriage between members 
 of the same clan. 
 
 The difficulty urged by McLennan, Spencer, and 
 Lubbock, with respect to the source of the profound 
 abhorrence of such marriages, now no longer exists. If 
 it had arisen out of custom, exogamy must make an 
 abrupt transition in order to produce the abhorrence of 
 the marriage of kinsfolk; but we now see that exogamy 
 has its origin in this abhorrence, and in the ideas to 
 which it is due. Morgan traces the source of the 
 abhorrence in question to a reformatory movement, 
 which aimed at the prevention of marriages between 
 brothers and sisters.^ Maine also regards exogamy as 
 equivalent to a prohibition of incest.^ The objection to 
 the hypotheses of Morgan and Lubbock is that they are 
 closely connected with theories which we have already 
 shown to be untenable, and they must therefore share 
 the same fate. There is consequently no special reason 
 for considering Morgan's explanation in detail, yet we 
 cannot avoid inquiring whether exogamy is to be placed 
 in the same category with the other prohibitions of the 
 marriage of kinsfolk which are found among primitive men. 
 
 ' Morgan, Proceedings, p. 469 ; Anc. Soc, p. 69. 
 ' H. S. Maine, Harhj Law, p. 227. 
 
224 THE PRIMITIVE FAMILY. 
 
 We do not yet know whether we are entitled to 
 regard the clan as a group of kinsfolk allied by blood, 
 and kept together by the idea of their common descent. 
 If we do so regard it, however, the prohibition to marry 
 within the clan must simply be placed in the same 
 category with the prohibition to marry father, mother, 
 brother, or sister. Another question arises, whether the 
 idea of incest is the cause or consequence of this pro- 
 hibition. Lubbock observes that exogamy only affords 
 a slight protection against the marriage of kinsfolk, 
 since wherever it is reduced to a system, it stiU permits 
 the marriage of a half brother and sister.^ Hence he 
 infers that it is impossible to explain exogamy by means 
 of the ideas of incest. We lay still greater stress on the 
 fact that sexual relations between father and daughter, 
 or mother and son, only occur in tribes in which there 
 is neither exogamy nor a clan. We need say nothing 
 of the marriage of brothers and sisters in cases in which 
 the practice occurs in order to preserve the purity of the 
 royal line : thus it was in Peru and Egypt, and so it is 
 now in many parts of Africa and Hawaii;^ so many 
 distinct ideas are at work in such eases that we can 
 no longer say how far they are in conformity with the 
 idea of blood-kinship. 
 
 A sexual connection between parents and children, 
 and between brothers and sisters, frequently occurs in 
 Brazil, in the tribes dwelling on the Amazon and on the 
 Rio Negro ; among the Chippewyans, and in one section 
 of the Karens. Even the Veddahg, who share our abhor- 
 rence for marriage with an elder sister, prefer marriage 
 with a younger sister to all others.' it is plain that 
 exogamy, as a simple definition of the clan, cannot forbid 
 a marriage between mother and son, when exogamy is 
 
 ' Lubbock, Orig. of Civ., p. 133. 
 
 » Garoilasso, p. 80. Cameron, p. 70. Spencer, Dee. Soe., "Island 
 Negroes ; " Princ. of Soc, p. 635. Varigny, p. 14. Wilkes, vol. iv. p. 32. 
 
 = VonMartiuB, vol. i. p. 116. Spencer, Princ. o/ Soc, p. 636. Tibbos, 
 Homemann, vol. i. p. 149. Spencer, Princ. of Soc, p. 637. 
 
EXOGAMY AND ENDOGAMY. 225 
 
 in force, nor between father and daughter, where the 
 uterine line prevails; since, however, such prohibitions 
 exist, they afford another proof that the definition of 
 kinship peculiar to the clan does not put an end to all 
 connection' between the child and one of its parents. 
 If, however, exogamy, as a definition of the clan, cannot 
 directly produce these prohibitions, which are found 
 wherever exogamy occurs, and in some instances where 
 it is absent, we are led to the conclusion that the causes 
 which produced these prohibitions have some connection 
 with those from which exogamy arose ; the ideas which 
 prohibit incest in clanless communities may be at any 
 rate partly the same which lead to exogamy when 
 applied to a community divided into clans. The only 
 question we have to consider is, therefore, whether it was 
 really the idea of incest which led to the prohibition of 
 marriage between parents and children. 
 
 Fison relates an Australian legend, on which Morgan 
 lays special stress in his Introduction to the book by 
 Fison and Howitt, because it throws light on the origin 
 of the division into classes, and on exogamy.^ According 
 to this legend, brothers and sisters, and others in the 
 nearest degree of kinship, intermarried after the creation,. 
 untU the evil consequences of these connections became 
 apparent, and the chiefs assembled in council, in order 
 to consider the means of averting them. The result of 
 this council was to appeal to Muramura, the good Spirit. 
 The Spirit replied that the tribe must be divided into 
 branches, distinguished from each other by difierent 
 names, which were derived from objects of the animate 
 and inanimate world, such as the dog, mouse, emu, 
 lizard, rain, etc. Members of the same branch might 
 no' longer intermarry, but this was lawful for members 
 of different branches. The son of the dog might no 
 longer marry a daughter of the dog, but they were both 
 at liberty to form a connection with one of the mouse 
 ' Fison and Howitt, pp. 4. 24 
 21 
 
226 THE PRIMITIVE FAMILY. 
 
 or rat branch. This order is still observed, and the first 
 question asked of a stranger is to what mmrdoo or family 
 he belongs. 
 
 This account is especially noteworthy for the great 
 distinctness with which it asserts the evil consequences 
 of the intermarriage of kinsfolk. If we may trust the 
 legend, the Australians dreaded such connections just as 
 the Tonganese, for instance, dreaded that their offspring 
 should be deaf; but it does not tell us what evil conse- 
 quences were expected to ensue. If the sickliness of their 
 posterity was meant, yet it is not proved that the prohi- 
 bition arose from a desire to avoid such a result. These 
 men may merely have regarded it as a symbol of some- 
 thing terrible which is not named. The strong reproba- 
 tion of these prohibited marriages cannot be explained 
 by the dread lest a man's offspring should be sickly or 
 deficient. The crimes for which the tribe or clan inflicts 
 punishment on its own clan are such as are dangerous 
 to the whole tribe, since it is responsible for all its 
 members ; such crimes, for instance, as theft and rape. 
 But, even supposing that the fact that the child of a 
 brother and sister was deficient had attracted the atten- 
 tion of savages, yet they would only regard it as the 
 omen of some calamity threatening to come upon the 
 whole tribe; and such omens, created by fancy, are 
 the more readily accomplished, because their accomphsh- 
 ment is looked for.^ We must, however, leave it unde- 
 
 ' In a state of nature sickly posterity are extremely rare, so that we 
 can readily understand that any congenital deformity would be inter- 
 preted by the superstitious as a mystical intimation of the wrath of the 
 higher powers. If the parents are brothers and sisters, this fact at once 
 gives a definite tendency to the imaginative faculty, which results in the 
 condemnation of such connections. J Moreover, it is not yet clearly shown 
 that the marriage of kinsfolk is hurtful. In many instances no harm 
 seems to follow from the marriage of brothers and sisters ; small endoga- 
 mous tribes are neither mentally nor physically weak. Giraud-Teulon 
 remarks that it has been observed among some negro tribes that the 
 connection between near kinsfolk was far from injuring the excellence 
 of their offspring. Heredity shows that fresh blood is needed to check 
 the defects and faults inherent in every race. Where the growing race. 
 
EXOGAMY AND ENDOGAMY. 227 
 
 cided whether considerations of the hurtfulness of such 
 connections had much to do with the abhorrence with 
 which they were regarded; considerations as to de- 
 scent cannot have played an important part, since in 
 many cases the prohibition did not extend to half- 
 sisters, and in other cases brothers and sisters might 
 intermarry when this was forbidden to parents and 
 children. We therefore think that some other explana- 
 tion of the prohibition must be found. 
 
 It may appear that incest originally consisted in 
 marriage between too near kinsfolk, while sexual inter- 
 course without the sanction of marriage was not for- 
 bidden. Thus Schayer writes of the Australians : " The 
 general remark will suflace that sexual intercourse be- 
 tween the nearest kinsfolk was not prohibited, but a 
 man generally chose his peculiar wife from another tribe." ^ 
 In many tribes there were large huts, common to all, 
 in which unmarried girls passed the night and received 
 young men.^ Among the Marianas, brothers and sisters 
 might have intercourse with each other in such a house.* 
 We are told of the ancient Tupinambazan tribe that 
 such intercourse could only occur in a clandestine 
 manner.* 
 
 These facts afford an indication of the quarter in 
 which an explanation is to be found; the probability 
 that a distinction was made between the prohibition 
 
 as among ourselves and onr domestic animals, is nourished and guarded 
 with the utmost care, I believe that the weak points of the parents re- 
 appear in an aggravated form in their offspring ; but in the natural state, 
 when the brutal struggle for existence has to be fought out, the sickly 
 die off before their weak points are fully developed ; in the long-run, only 
 the strong and able persist, and these characteribtios are perhaps confirmed 
 by the marriage of kinsfolk, rather than by mixed marriages. 
 
 ' Monatsberieht der Gesellsehaft zur Erdkunde zu Berlin, 8th year, 
 new series, 184(5, vol. iv. p. 227. 
 
 ^ Cacharees (_Journ. Asiat. Soc. of Bengal, vol. xxiv. p. 603); Meekirs 
 {Ibid., p. 610) ; Kols {Ibid , vol. xxxv. p. 175) ; Mishmee (Cooper, p. 147) ; 
 Moxos, Guarani, Ghiquitos (D'Orbigny, vol. iv. p. 91); Tonga (/oMr». 
 Hoy. Geog. Soc. , vol. iii. p. 194) ; Tahiti (Cook ; Hawkesworth, p. 244). 
 
 2 B'reycinet, vol. ii. p. 368. * Von Martius, vol. i. p. 116. 
 
228 THE PEIMITIVE FAMILY. 
 
 of marriage and of sexual intercourse is increased by 
 the fact that communities exist in which the marriage 
 of near kinsfolk is altogether forbidden, while in certain 
 cases sexual connection is allowed. If such intercourse 
 were held to be blameworthy in itself, it becomes unin- 
 telligible that the king should be bound to marry his 
 own sister. The ideas which place restrictions on the 
 connections of the common people must be of a kind 
 which can give way to other ideas, and these make the 
 connections which are otherwise prohibited desirable. 
 If, however, the sexual connection with one of the same 
 blood was dreaded, it might seem probable that this 
 dread would increase with the importance of the indi- 
 vidual ; it would be absurd to regard that connection as 
 expedient for the man of highest position which was 
 abhorred in the case of all others. If the king takes a 
 sister as his wife, in order to maintain the purity of 
 blood in his race, a similar wish might influence other 
 men of noble birth. The king is, indeed, in this case 
 assigned to his sister, since he is the only one of the tribe 
 who has no equals ; but this is not the main question. 
 There is an external conflict between the dread of any 
 mixture of blood which leads to state endogamy and the 
 dread of incest which prevails in the people, and which 
 is based upon the idea that there should be no -connec- 
 tion between those of the same blood. The question of 
 state-endogamy does not afiect our position with respect 
 to the prohibited marriages, and may therefore be set 
 aside for the present. The prohibitions of marriage now 
 in existence only display a superficial connection with 
 incest, as we ourselves understand it, and a thorough 
 examination of the idea shows it to be involved in inex- 
 tricable absurdities. We cannot, for instance, explain 
 the Veddah prohibition by the ideas of incest current 
 among ourselves. A man may not marry his elder sister, 
 but marriage with his younger sister is to be preferred 
 to any other connection. We must at any ratS make 
 
EXOGAMY AND ENDOGAMY. 229 
 
 the attempt to explain such facts by the ideas of primi- 
 tive life with which we are acquainted. 
 
 The husband is in all cases the lord of his wife. Even 
 when the child belongs to his mother's clan, and she has 
 the management of the household property, she is in 
 sexual subjection to her husband. We have seen that 
 among most rude peoples, and even among the Aus- 
 tralian savages, the mother exerts great influence over 
 her son, who regards her with considerable reverence. 
 This is also the relation of the sister to her younger 
 brother, although in a minor degree. In like manner, as 
 Bachofen tells us, the Nairs respect their elder sisters, 
 who stand in the place of a mother to them. They never 
 remain in the same room with their younger sisters ; 
 they do not touch or even enter into conversation with 
 them, since it might, as they say, give rise to some sinful 
 act, as the girls are young and inconsiderate, while 
 respect for their elder sisters' puts an end to any such 
 thought.^ A marriage between a mother and son, or 
 between a brother and elder sister, would altogether 
 transform their relations, and the breach in the respect 
 due to their elders, the confusions and contradictions 
 which would ensue, would be quite enough to produce 
 an aversion to such marri.iges. This aversion would be 
 increased by the fact that it was generally impossible to 
 contract such marriages, since the son possesses nothing 
 which he could offer to the father as purchase-money. 
 To enter the paternal house by force, in order to carry 
 off the wife or daughter, would be an unheard-of crime 
 among savages, and would certainly call forth the same 
 anger on the perpetrator as that which punishes the 
 slayer of a clansman with death. The connection between 
 a father and daughter is not affected by these circum- 
 stances, but it rarely occurs, since a father is unwilling 
 to renounce the advantages of bestowing his daughter 
 in marriage. Even among the Australians, a son-in-law 
 ' Bachofen, Ant. Briefe, vol. i. p. 237. 
 
230 THE PEIMITIVE FAMILY. 
 
 is bound to give a considei'able part of the prey obtained 
 in hunting to his parents-in-law.^ 
 
 If in this way the impression arises that there is 
 something unusual and incompatible with other ideas in 
 marriage between such persons, an occasional calamity 
 which befalls any of them will be enough to excite the 
 imaginative faculty in the highest degree; and if no 
 prohibition previously existed, the absolute condemna- 
 tion of such marriages would then be pronounced. The 
 intermarriage of individuals of the same family implies 
 that persons who have no legal right to dispose of them- 
 selves and their property, nevertheless agree upon such 
 legal disposition, an encroachment which would certainly 
 be violently opposed by primitive men. 
 
 Wherever we find that the marriage of near kinsfolk 
 is allowed, as in the instances quoted above of marriage 
 between a king and his sister, or, as among the Persians, 
 between a mother and a son,^ it may always be shown 
 that these ideas of encroachment could have no place. 
 In communities which are under a despotic rule, we may 
 find that a chief marries his sister, and in such commu- 
 nities there is a prevalent idea that the king cannot con- 
 tract a true marriage with his subjects, who can only 
 become his concubines. The legal relation which exists 
 between man and wife, and, at a later period, between 
 mother and son, might appear to the human conscious- 
 ness, although not indeed in every case, to be only pos- 
 sible between persons in the same legal position ; in the 
 king's case there is no one on this legal equality, except 
 his sister, nor can the latter be subordinate to any one 
 
 ' Fison and Howitt, Appendix D., p. 261. 
 
 • " Nomen autem hominis, quom Nimrod constituit sacrum Ignis minig- 
 tratorein, erat Andshan cui DJabolus e medio Ignis hisoe usus est verbis ; 
 Nemo hominum potis est rite Igni ministrare nee mea sacra callere, nisi 
 commisceatur cum matre sua et sorore sua et fllia sua. Fecit itaque 
 Andshan juxta quod dixerat ei Diabolus. Et ab eo tempore qui sacer- 
 dotio apud Magos functi sunt, oommisceri solebant cum malribus, et soro- 
 ribua suis, et filiabus suis. Et Andshan hie primus erat, qui huno morem 
 inoepit" (Selden, p. 625). 
 
EXOGAMY AND ENDOGAMY. 231 
 
 but to her royal brother. Since they are thus thrown 
 upon each other by their peculiar conditions, a marriage 
 between them may readily occur. We shall see the 
 effect of these ideas when we come to consider endogamy. 
 The conditions in Persia stand alone in being produced 
 by religious ideas ; but even there they may be explained 
 by the endogamy of the state. 
 
 We can understand why the prohibition of marriage 
 between brothers and sisters did not extend to those of 
 half blood, since, in the primitive family, children, as we 
 have seen above, belonged to the mother's kindred, and, 
 therefore, particularly in all questions relating to pro- 
 perty, their legal position with respect to each other was 
 independent. 
 
 The clan, like the family, is a legal group, and the 
 groups were kept together by legal bonds long before 
 the ties of blood had any binding power. The same 
 ideas which impelled a man to look for a wife outside 
 his family also impelled him to look for her outside the 
 clan. 
 
 We quite admit that those who maintain the current 
 ideas with respect to the marriage of primitive men will 
 be unwilling to accept this explanation of exogamy, since 
 they regard primitive marriage as simply a sexual rela- 
 tion. But it is the essential point of our explanation 
 that sexual considerations were not the basis of marria.ge. 
 The final chapter of this section will be devoted to this 
 point of view, and I trust that the last difficulties which 
 beset our path will then disappear. 
 
 The explanation of exogamy which we have just 
 given may also explain other regulations of marriage. 
 Marsden tells us that the Rejangs of Sumatra forbid the 
 intermarriage of brothers' children, nor may a brother's 
 son marry a sister's daughter. The sister's son may^» 
 however, take to wife a brother's daughter.-' In like 
 manner we find that among the Tulawayan Buntars, a 
 
 ' Marsdon, p. 227. 
 
232 THE PEIMITIVE FAMILY. 
 
 man is bound to marry the daughter of his mother's 
 brother.^ This is also done by the Ghonds, and it is 
 expressly stated that it is less incumbent on him to 
 marry the daughter of his father's sister.^ The connec- 
 tion between the sister's son and the brother's daughter 
 is therefore the one preferred. Primitive men are fond 
 of doing over again that which has been done before ; 
 the new generation acts like the former one, and this is 
 merely what occurs when a young man becomes a wooer 
 in the house of his mother's brother — he goes where his 
 father was a suitor before him. If, however, the brother's 
 son marries, the sister's daughter, the bride returns to 
 her mother's house and becomes a wife where the mother 
 was only a daughter. In Brazil, as a substitute for the 
 purchase-money of a wife, the firstborn daughter was 
 surrendered to the mother's father, and was legally 
 assigned to the mother's brother as his wife. In this 
 case, therefore, we find that the brother's son marries the 
 sister's daughter, but this is due to the idea that an 
 equivalent for the bride must be given.^ If the explana- 
 tion of these ordinances is sought in the ideas of blood 
 kinship, we should be hard pressed to find it, for it is a 
 strange view of blood kinship which forbids a man to 
 marry the daughter of his father's sister, while it permits 
 and indeed enjoins him to take to wife the daughter of 
 his mother's brother. 
 
 We must interpret in like manner the Eskimo's 
 unwillingness to marry into the family to which he 
 belongs, as well as the fact that the Macusis — who, it 
 will be remembered, observe the female line — and the 
 Mundrucus are forbidden to marry the brother's daughter. 
 In these cases the legal position which would be estab- 
 lished by marriage cannot be reconciled with that which 
 
 • Buchanan, vol. iii. p. 16. 
 
 ' Spencer, Desc. Soc, p. 8. See the narrative of Isaac and Jacob. 
 ' The mother's brother is bound, in order to support her, to marry his 
 niece if she can find no other husband. 
 
EXOGAMY AND ENDOGAMY. 233 
 
 the members of the same family hold with respect to 
 each other.'^ 
 
 The correctness of our explanation of exogamy is also 
 confirmed by the fact that its reconciliation with endogamy 
 thereby becomes possible. Exogamy prohibits marriage 
 between persons who are so nearly related that they 
 have no legal independence of each other; endogamy 
 prohibits the marriage of persons whose legal status is 
 too remote from each other. 
 
 The most common form of endogamy is that a man 
 may not take a wife from another tribe ; if, however, he 
 wishes to do so, she must be incorporated into her 
 husband's tribe by adoption. As a rule, captive women 
 are thereby received into the clan, although it is a 
 question how far the connection with them is regarded 
 as a valid marriage, or merely as concubinage ; in Brazil 
 it is considered disgraceful to marry a captive.^ Speak- 
 ing generally, I doubt whether endogamy can be termed 
 a prohibition to marry outside the clan; the restriction 
 is no more than a custom, which is itself limited, both by 
 the readiness with which alien women are adopted 
 by the clan, and by the disinclination to surrender women 
 to alien husbands, since they are thereby lost to the 
 tribe. Just as the family constrains a suitor to join his 
 bride's household, so the tribe will not give to an alien 
 one of their maidens to wife, except on condition that 
 he transfers himself to her tribe. We have mentioned 
 this custom above in speaking of the Columbians and of 
 the New Zealanders ; Strabo tells us of the Arabs that 
 they had intercourse with their own mothers, while 
 
 ' A marriage ordinance which points to the same idea of the legal 
 equality of the members of one household, is found in the custom that a 
 man marries all the sisters of his bride, as well as herself. Morgan, 
 Systems, p. 447; Ano. Soc, p. 160. Fison and Howitt (Australians), 
 p. 202 ; Schomburgk (Macusis), vol. ii. p. 318 ; Laiitau (America), vol. i. 
 ]). 560; Labat (Brazil), vol. ii. p. 125; Du Tertre (Brazilians andKaribs), 
 vol. ii. p. 377; Baegert (Californians), p. 368; Spencer, Desa. Soa,, 
 (Todas). 
 
 ' Von Martius, vol. i. p. 71. 
 
234 THE PEIMITIVE FAMILY. 
 
 adultery was punished with death, and a connection 
 with one of another family was adulterous. Burton also 
 states that the national life is preserved by systematic 
 intermarriage. The savage does not withhold his 
 daughter from a foreigner, but the son-in-law must take 
 up his abode among them.^ 
 
 The Arabs afford a legitimate example of a race 
 which adopted endogamy after having been originally in 
 the state of exogamy.^ Wilken, whose attempt to show 
 a prior observance of the female line of descent has been 
 mentioned above, seeks a proof of his hypothesis in the 
 custom which entitled a man to marry the daughter of 
 his father's brother; not that he was bound to marry 
 her, but she might not marry another man without his 
 consent. The female cousin was therefore called by 
 courtesy bint-amm, or wife.* Wilken goes on to say that 
 this custom was directly opposed to the aversion with 
 which they otherwise regarded the marriage of near 
 kinsfolk ; and since, as he believes, this aversion clearly 
 points to a prior exogamy, and the observance of the 
 female line absolves a marriage with the daughter of the 
 father's brother from any incestuous character, he feels 
 justified in assuming the previous existence of the female 
 line.* On this point we are unable to agree with him. 
 In the first place, an aversion to marriage between near 
 kinsfolk does not indicate a clan-exogamy, which we 
 have found to be of later origin ; and in the second place, 
 Sti'abo's account at any rate makes it doubtful whether 
 this aversion existed before Mahomet's time. We may 
 add that the male cousin's right springs from the same 
 process of ideas as that which founded endogamy. The 
 brothers, indeed, no longer remain in joint family groups, 
 yet they still hold together as united against strangers. 
 Just as a man marries his brother's widow in order to 
 
 ' Burton, A Pilgrimage, vol. iii. p. 40. ' McLennan, Studiee,p. 207. 
 ' Burkhardt, vol. i. pp. 113, 272. Burton, A Filgrimage, vol. iii. p. 41. 
 « Wilken, pp. 57-59. 
 
EXOGAMY AND ENDOGAMY. 235 
 
 keep the family property, so the son of one brother may 
 be enjoined to purchase the daughter of another, so that 
 a stranger may not profit by the purchase-money. We 
 have here a duty rather than a right, but the border- 
 line between these ideas is effaced, since the duty was 
 not unconditional, and the bride's father was bound to 
 surrender his daughter to his nephew at a lower price 
 than he would have given for a wife elsewhere. 
 
 We have already stated that tribal endogamy was 
 not as a rule of a strictly exclusive character, and that 
 it might rather be termed a disinclination for marriage 
 with strangers than an express prohibition to contract 
 such marriages. It is. only when the tribes become 
 castes, as in India, that the lines of endogamy are more 
 sharply drawn, and all marriages between members of 
 different castes are strictly forbidden. It is easy to 
 discover the cause of these strongly-marked distinctions, 
 and their legal character has been explained by McLen- 
 nan.^ The higher caste would be degraded by according 
 to the lower a position of equal legal rights; the first 
 and most powerful expression of an equality in legal 
 rights consisted in the rights of marriage, which was 
 therefore strictly forbidden when such legal rights were 
 withheld. In like manner ranks and classes of men 
 separated from each other ; the greater the cleft between 
 them, the greater the impossibility of intermarriage, and 
 the more each class resembled a clan, except in the fact 
 that the clan put forward exogamy as its distinctive 
 mark. The prejudice was at first entertained by the 
 superior class, since they and not their inferiors would 
 be degraded by intermarriage; it was subsequently 
 dreaded by the inferior class, as a means of still further 
 protecting the rights of the great. 
 
 We are told that the intermarriage of cousins takes 
 place among the Karens, but that their kinship is held 
 to make the connection undesirable. Marriage with the 
 • McLennan, Studies, p. 202. 
 
236 THE PEIMITIVB FAMILY. 
 
 children of second cousins is considered the most suit- 
 able; that of cousins in the third degree is permitted 
 but the kinship is considered to be somewhat too remote. 
 Beyond this degree, marriages are unconditionally for- 
 bidden.^ We know that the Karens are an unruly people, 
 and there is no village which is not at strife with 
 another. They have no castes, and their numerous 
 tribes and clans seem originally to have been formed by 
 the dispersion of families and villages.^ The disputes 
 which arise among them are usually due to questions of 
 property ; such disputes are very frequent when wealth 
 which had been held in common has to be divided among 
 several heirs. Among the Karens the largest share goes 
 to the elder member of the family, and sometimes the 
 youngest have a rather larger share than those who are 
 midway in the family.' It is easy to understand the 
 causes of strife which arise when, after a lapse of some 
 generations, the family group becomes distributed into 
 villages. When we consider that in the case of most 
 peoples the joint family group falls to pieces in the 
 seventh degree of kinship — that is, the descendants of a 
 common great-grandfather — we are struck by the fact 
 that the second cousins, whom the Karens marry by 
 preference, are the last to remain in the joint family 
 group ; the severance is begun by their children.* We 
 cannot be mistaken in regarding the Karen village as 
 resembling the joint family group ; and its endogamy 
 represents the legal exclusiveness of the village. In the 
 village, each has a share in the soil, although the near 
 kinsfolk sometimes live together,^ and this agrees with 
 the fact that they prefer to marry in the more distant 
 degree of second cousins, since in this degree legal inde- 
 pendence waxes with the waning kinship. 
 
 ' Journal Asiat. Soc. of Bengal, 1866, vol. xxxv. p. 18. 
 
 ^ Ibid., 1868, Tol. xxxvii. p. 130. 
 
 " Ibid., vol. xxxvii. p. 142. • Hearn, p. 181. 
 
 ' Journal Asiat, Soc. of Bengal, 1868, vol. xxxvii. pp. 126, 127. 
 
EXOGAMY AND ENDOGAMY. 237 
 
 Among the Kookas the clans are endoganious. No 
 marriage can be contracted between kinsfolk up to the 
 degree of first cousins ; the clans are indeed permitted 
 to intermarry, but they rarely do so, and such marriages 
 are condemned by public opinion.^ This endogamy of 
 the clan becomes intelligible when we learn that the 
 Kooka clans of North Oachar differ widely in customs 
 and interests, and are often hotly at war.^ This clan- 
 endogamy is therefore only a form of the customary 
 endogamy of the tribe. 
 
 There is a small group of facts, in connection with 
 those we have already stated, which we cannot pass 
 over, although they are not of great importance. It is 
 not uncommon to forbid parents and children-in-law to 
 associate freely with each other. Tylor mentions this 
 custom in his " Early History of Mankind," and quotes 
 many instances of it, to which others might easily be 
 added. Tylor connects the custom with Tabu — a very 
 vague and indefinite explanation, since we have still to 
 find the reason of Tabu. Lubbock regards the custom 
 as an expression of ^spleasure on the part of the bride's 
 parents, which it would be easy to understand at a time 
 when the marriage still took place by capture, and it 
 would therefore be a further proof of such a mode of 
 marriage.* We do not think it possible to give a single 
 interpretation of the collective forms of the custom in 
 question; they certainly have their origin in different 
 ideas. 
 
 In some cases the prohibition extends to both parents- 
 in-law, both as regards the son- and-daughter-in-law, 
 while in other cases it is only partially applicable. At 
 one time a son-in-law may not address his mother-in- 
 law, at another the daughter-in-law may not be seen by 
 her father-in-law. The first glance makes it doubtful 
 
 • Journal Asiat. Soc. of Bengal, 1855, vol. xxiv. p. 640. 
 
 ^ Ibid., p. 617. 
 
 ' Lubbock, Orig. of Civ., p. 123. Instances of the custom, p. 12. 
 
 22 
 
238 THE PEIMITIVB FAMILY. 
 
 how far marriage by capture can explain these regula- 
 tions, and the doubt increases when we regard the phe- 
 nomenon more closely. It is, indeed, quite possible that 
 a custom which has arisen under given circumstances 
 may persist longer than these circumstances, but this 
 explanation can only be accepted, as we have repeatedly 
 said, when no other is possible, and it has some inherent 
 probability, which is here by no means the case. 
 
 Alberti tells us that a Bechuana father-in-law may 
 only see his daughter-in-law in the presence of others, 
 and that is also the case with a mother- and son-in-law ; 
 if they should meet accidentally, the son- or daughter-in- 
 law seeks to hide or escape.-' Alberti regards this as an 
 expression of their abhorrence of incest, and I know of 
 nothing to contradict this suggestionbut the fact that there 
 is no such concealment in the case of parents and children, 
 after the manner in which a Nair seeks to avoid being 
 alone with his younger sister. This objection, however, 
 has no weight, since a sexual connection between parent 
 and chUdren-in-law is possible before the marriage takes 
 place, which is not the case with kinsfolk by blood ; it 
 is, therefore, not surprising that the restriction which 
 first occurs in mature age should be marked by A special 
 sign. Mlinzinger writes of the Beni-Amir : " There is a 
 firm and eternal friendship between the bride and the 
 comrades of the bridegroom, which never fails; they 
 may no longer see each other, but retain a mutual affec- 
 tion. . . . The woman conceals herself, as the man does 
 from his mother-in-law." ^ A feeling of enmity cannot 
 account for this state of things, nor will jealousy and 
 the fear of incest help us, since these could not influence 
 the relations of a mother- and daughter-in-law, and, more- 
 over, there is much unchastity among the Beni-Amir 
 
 • Alberti, p. 105. 
 
 ' Munzinger, p. 325. For Ostjaks and Samojedes, see Pallas, vol. iv. 
 pp. 71, 99, 577 ; Californians, Baegert, Smithsonian Report, 1863, p. 368; 
 Ohiaa, Aatley Collection, vol. iv. p. 91. 
 
EXOGAMY AND ENDOGAMY. 239 
 
 women after marriage.^ But when we learn that the 
 Bechuana's marriage only becomes valid after the birth 
 of a child, and that among the Basutos, who are of the 
 Bechuana race, the prohibition only extends to the 
 date of the birth of the eldest child,^ it becomes evident 
 that the prohibition is an expression of the ideas which 
 characterize the transition state, in which the relations 
 of the new kinsfolk are not altogether established. The 
 ideas that sexual intercourse must be avoided arise from 
 the reverence which the sons- and daughters-in-law owe 
 to the parents. 
 
 This latter consideration is undoubtedly the only one 
 in some cases. As we saw above, the Karib bridegroom 
 leaves his own house in order to dwell with his father- 
 in-law ; his wives, who are sisters and daughters of the 
 house, have free and unrestricted intercourse with all, 
 but this is not the case with the husband, without 
 express permission, unless his wife's kinsfolk are still 
 children, or when they are drunk.^ We find similar 
 instances among the North American tribes ; the Dyak, 
 again, may not call his father-in-law by name ; a Mon- 
 golian or Kalmuck bride may not speak nor sit down in 
 her fatjjier-in-law's presence ; a Jakutan wife may not 
 appear in her household garment, " stripped to the waist," 
 before her father-in-law and her husband's elder brother; 
 a Banyai man is forbidden to sit down negligently in 
 the presence of his mother-in-law ; a Mishmayan never 
 eats in his father-in-law's house; a Fijian never eats 
 with his wife, his sister, niece, father-, or mother-in-law, 
 and a son may not speak to his father after he has 
 attained his fifteenth year, etc.* 
 
 Cailli6 gives an instance of a nature for which 
 Lubbock's explanation would suffice. On the Senegal, 
 
 1 Munzinger, p. 326. = Alberti, p. 104. 
 
 ' Du Tertie, vol. ii. p. 378. 
 
 * Tylor, Early History. Livingstone, Miss. Trav. p. 622. Cooper, 
 p. 236. Williams and Calvert, p. 117. Among the Veddahs, the father 
 does not speak to his adult son, nor the mother to her Eidult daughter. 
 
240 THE PEIMITIVE FAMILY. 
 
 a bridegroom may never see his parents-in-law. He 
 carefully avoids them, and they cover their faces when 
 they see him. If the wooer comes from another encamp- 
 ment, he conceals himself from the bride's fellow- villagers, 
 with the exception of a few friends, with whom he lives. 
 He sometimes migrates to the bride's encampment, in 
 which case he takes his cattle with him, becomes one of 
 its members, and ceases to practise any concealment.^ It 
 is more doubtful how we are to interpret the Australian 
 prohibition to speak either of the parents- or children-in- 
 law by name,^ and also that an Australian is displeased, 
 even if his mother-in-law's shadow falls upon his legs.* 
 There is a similar prohibition in the case of the Arau- 
 canians. But if any one attempts to connect these pheno- 
 mena with the rape of women, further consideration will 
 show that they can have had no independent influence on 
 the symbol of rape, but must rather have been dependent 
 on it.* 
 
 • Caillie, vol. i. p. 139. ' Eyre, vol. ii. p. 339. 
 
 3 Fison and Howitt, p. 103. « Smith, p. 217. 
 
CHAPTER VIL 
 
 MAEEIAGE AND ITS DEVELOPMENT. 
 
 Sextial impulse — Civilizing power of religion — Stages of development — 
 Mother's rights — Father's riglits — Bellerophon myth — Perpatimyth — 
 Pele and Tamapua myth — Interpretation of mytbs — Taui-goab myth 
 • — Allegories of theory and conception — Customs of civilization — 
 Jealousy — Object of maiTiage — Use of fire— Primitive wooing — 
 Duration of marriage — Birth of child — Marriage — Polygamy — Wed- 
 ding — Bride's family — Setting aside of polygamy — Tolerant and 
 intolerant forms of marriage — Chastity in marriage — Paternal love — 
 Chastity of unmarried girls — The man's obligation of chastity — ^Lovo 
 and marriage — Independence of married women — Emancipation of 
 women — Education of children — Unmarried women — Moral inde- 
 pendence of married women. 
 
 We have now seen that legal considerations for the most 
 part define the conception of the relations between 
 parents and chidren, and also the sphere within which 
 individuals are permitted to intermarry. Exogamy sets 
 its mark on a given sphere as too restricted for the 
 establishment within it of the legal ordinance which is 
 termed marriage; endogamy, on the other hand, pre- 
 scribes the limits beyond which marriage is no longer 
 possible. We must therefore regard marriage as a legal 
 institution, and the sexual intercourse between husband 
 and wife is only one of the matters with which this 
 institution has to do ; it is by no means its central point 
 and raison d'etre. We are in some respects disposed to 
 under-estimate the great influence which sexual matters 
 exert on aU the concerns of social life, and the attempt 
 
242 THE PRIMITIVE TAMILY. 
 
 is sometimes made to sever it from moral life, as a matter 
 of which we are constrained to admit the practical 
 existence, although, from the ideal point of view, it 
 ought not to be. On the other hand, its influence on 
 primitive communities has been greatly overrated. The 
 sexual instinct must be counted among the most power- 
 ful of human impulses, and is often unbridled in its 
 expression, but it is devoid of the conditions which form 
 the basis of the leading tendencies in which man's 
 struggle for existence must be fought out. Since it is so 
 easily and quickly gratified, and so transient, it is not 
 adapted to support the heavy burden of social order. In 
 societies in which it is less possible to gratify the sexual 
 instinct, it may become the overmastering passion of 
 the individual, and it may dictate ends to him which 
 decide the direction and nature of his life ; but such a 
 state of being will always be opposed to the deepest and 
 most enduring tendencies which render the life of the 
 community vigorous and healthy, and lead it into fresh 
 and higher developments. 
 
 Too high an estimate of the sexual impulse has led 
 to the erroneous assertion, which we have disputed 
 above, that the first human community lived in promis- 
 cuous intercourse, and that monogamous marriage was 
 gradually developed from this condition by reflections 
 on the sexual relation. We will now attempt to become 
 more accurately acquainted with the process of develop- 
 ment through which marriage passed. 
 
 Bachofen believes that he can offer a decisive proof 
 of the fact that the spiritual life of primitive men gathered 
 round their sexual relations and the facts of procreation. 
 He asserts that man passed from the state of promiscuous 
 intercourse into a marriage state which was based on 
 the dominating power of women ; that this gynocracy 
 subsequently took the savage form it assumed in the 
 Amazon period, and then gave way to an order of things 
 which was based on the superiority of the man. The 
 
MAEEIAGE AND ITS DEVELOPMENT. 243 
 
 authority for Bachofen's statement is sought by him in 
 the observances of the female line, in licentious customs 
 of all kinds, and in polyandry ; but he also lays special 
 stress on the value of religious myths. He makes use 
 of this material in such a disconnected manner, that a 
 critic can scarcely undertake a harder task than to glance 
 superficially at Bachofen's comprehensive work. I feel 
 bound to say that his process of thought can only be 
 satisfactorily given in its main features, since most of its 
 details are hopelessly obscure and confused. We should 
 rather call his " Mutterrecht " the rhapsody of a well- 
 informed poet than the work of a calm and clear-sighted 
 man of science. 
 
 Bachofen writes : " Mythical tradition appears to be 
 the faithful expression of the law of life, at a time when 
 the foundations of the historical development of the 
 ancient world were laid ; it reveals the original mode of 
 thought, and we may accept this direct historical reve- 
 lation as true, from our complete confidence in this 
 source of history." And again, "Every age unconsciously 
 obeys, even in its poetry, the laws of its individual life." ^ 
 A patriarchal age could therefore not have invented the 
 matriarchate, and the myths which describe the latter 
 may be regarded as trustworthy witnesses of its historical 
 existence. It may be taken for granted that the myths 
 did not refer to special persons and occurrences, but only 
 tell us of the social ideas which prevailed, or were 
 endeavouring to prevail in the several communities."^ 
 With rather obtrusive self-consciousness, Bachofen goes 
 on to say that the development of the community only 
 advanced by means of these religious ideas. " Religion 
 is the only efficient lever of all civilization. Each eleva- 
 tion and depression of human life has its origin in a 
 movement which begins in this supreme department." ^ 
 "We cannot fail to see that of the two forms of 
 gynocracy in question, religious and civil, the former 
 ' Bachofen, Mutterrecht, p. vii. ^ Ibid., p. Tiii. ' Ibid., p. xiii. 
 
244 THE PEIMITIVE FAMILY. 
 
 was the basis of the latter. Ideas connected ■with 
 worship came first, and the civil forms of life were their 
 result and expression." ^ The woman's religious attitude, 
 in particular, the tendency of her mind towards the 
 supernatural and the divine, influenced the man, and 
 robbed him of the position which nature disposed him 
 to take, in virtue of his physical superiority.^ In this 
 way woman's position was transformed by religious 
 considerations, until she became in civil life that which 
 religion had caused her to be. By such a study of 
 myths, and by the fragmentary accounts of barbarous 
 peoples which have been handed down to us from ancient 
 times, Bachofen undertakes to show that man was de- 
 veloped from a state of promiscuous intercourse into the 
 matriarchate, and the age of Amazons, and then into the 
 patriarchate; each stage was marked by its peculiar 
 religious idea, produced by the dissatisfaction with which 
 the dominating idea of the prior stage was regarded ; a 
 dissatisfaction which led to the disappearance of this 
 prior condition. 
 
 " It was the assertion of fatherhood which delivered 
 the mind from natural appearances, and when this was 
 successfully achieved, human existence was raised above 
 the laws of material life. The principle of motherhood 
 is common to all the spheres of animal life, but man goes 
 beyond this tie in giving the pre-eminence to the power 
 of procreation, and thus becomes conscious of his higher 
 vocation. ... In the paternal and spiritual principle he 
 breaks through the bonds of tellurism and looks upward 
 to the higher regions of the cosmos. Victorious father- 
 hood thus becomes as distinctly connected with the 
 heavenly light as prolific motherhood is with the teeming 
 earth." * " All the stages of sexual life, from aphrodistic 
 hetairism to the apoUinistic purity of fatherhood, have 
 their corresponding type in the stages of natural life, 
 from the wild vegetation of the morass, the prototype 
 • Bachofen, MutterreeM, p. xv. * Ibid., p. xiv. ' Ibid., p. zxvii. 
 
MARRIAGE AND ITS DEVELOPMENT. 245 
 
 of conjugal motherhood, to the harmonic law of the 
 Uranian world, to the heavenly light which, as the 
 jia'cn/tna non urens, corresponds to the eternal ycuth of 
 fatherhood. The connection is so completely in ac- 
 cordance with law, that the form taken by the sexual 
 relations of life may be inferred from the predomi- 
 nance of one or other of these universal substances in 
 worship." '^ 
 
 The first state was in all cases that of hetairism. As 
 in the morass, one reed succeeds to another without 
 order or structure, so the sexual life of man was 
 originally devoid of order. Bachofen here inserts the 
 quite unproved remark that the tyranny of the indi- 
 vidual is necessarily connected with the community of 
 wives. This rule is based upon the right of pro- 
 creation; since there is no individual fatherhood, all 
 have only one father — the tyrant whose sons and 
 daughters they all are, and to whom all the property 
 belongs.^ From this condition, in which the man rules 
 by means of his rude, sexual power, we rise to that of 
 gynocracy, in which there is the dawn of marriage, of 
 which the strict law is at first observed by the woman, 
 not by the man. Weary of always ministering to the 
 lusts of man, the woman raises herself by the recognition 
 of her motherhood. " Just as a child is first disciplined 
 by its mother, so are peoples by their women. The man 
 must serve, before he is allowed to rule. It is only the 
 wife who can control the man's essentially unbridled 
 power, and lead him into the paths of well-doing." ^ 
 
 There is an intermediate stage between hetairism and 
 marriage, such as we find among the Massagetes and 
 Troglodytes. "Each man has a wife, but they are all 
 permitted to hold intercourse with the wives of others." * 
 Gynocracy may be compared with agriculture. "Thus 
 the connection of law with material motherhood forms 
 
 ' Bachofen, Mutterrecht, p. xxix. ' Ihid., p. 17. 
 = Ibid., p. J 9. » Ibid., p. 18. 
 
246 THE PEIMITIVB FAMILY. 
 
 two stages of life — the lower, of aphrodistic hetairism ; 
 the higher, which is cereal and conjugal. The former 
 correrponds to the irregular vegetation of the morass, 
 the latter to organized agriculture. In both stages of 
 culture nature affords a type and measure of human 
 conditions. Nature has taken law into her bosom, and 
 agriculture is the prototype of the conjugal union 
 between man and woman. Earth does not imitate 
 woman, but woman imitates the earth. Marriage was 
 regarded of old as an agrarian relationship, and the 
 whole terminology of the law of marriage is taken from 
 agricultural conditions."^ While the man went on 
 distant forays, the woman stayed at home, cultivated 
 the ground, and was undisputed mistress of the house- 
 hold. She took arms against her foes, and was gradually 
 transformed into an Amazon. As a rival to the man, 
 the Amazon became hostile to him, and began to with- 
 draw from marriage, and from motherhood. This set 
 limits to the rule of women, and provoked the punish- 
 ment of heaven and of men.^ Thus Jason put an end 
 to the rule of the Amazons in Lemnos; thus Dionysos 
 and Bellerophon strove together, passionately, yet with- 
 out obtaining any decisive victory, until Apollo with 
 calm superiority finally became the conqueror.^ 
 
 Bachofen's mode of applying the mythical tales has 
 no scientific method, and is carried on in a quite arbi- 
 trary manner, prompted by a poetic inspiration, which 
 snatches at every kind of allegory. His method recalls 
 that which was followed by Schilling in his work on 
 the deities of Samothracia, and on the philosophy of 
 mythology; it seeks in myths the abstract ideas to 
 which the religious opinions of civilized men are due; 
 and the search is rarely fruitless, since the opinions which 
 have gradually created these myths are the same as those 
 which would be based on these ideas, as the object of 
 
 " Bachofen, MutterrecU, pp. 0, 73, 142. " Ibid., p. 85. 
 
 ' Ibid., p. 85. 
 
MAEEIAGE AND ITS DEVELOPMENT. 247 
 
 conscious reflection. We will give some instances of 
 these interpretations of myths. The myth tells us that 
 when Bellerophon was living with King Proteus, un- 
 chaste overtures were made to him by the king's wife, 
 Sthenoboea. When they were rejected by him, the queen 
 complained to her husband that he had tried to seduce 
 her; Proteus therefore sent him to his father-in-law, 
 Jobates, in Lydia, that he might be there put to death. 
 Jobates charged Bellerophon to slay the monster 
 Chimsera, which he was able to do by the aid of 
 Pegasus. He likewise vanquished the Amazons, but as 
 his services were not rewarded, he besought Poseidon to 
 lay waste the land. It was completely flooded by the 
 sea, until the women implored Bellerophon for mercy; 
 he yielded out of shame, and Poseidon granted his 
 petition that he should desist from laying waste the 
 land. Bellerophon married Jobates' daughter Philomsea, 
 and received a rich dowry of land. On his death, the 
 inheritance devolved on his daughter's son, Sarpedon, 
 not on his son's son, Glaucus. 
 
 According to Bachofen's interpretation of this myth, 
 it expresses the dawning reverence for fatherhood; 
 Bellerophon's conflict with the declining power of woman 
 is marked by his refusal to commit adultery, and by his 
 victory over the Amazons. The unbridled violence of 
 dawning fatherhood appears in Bellerophon's alliance 
 with Poseidon, the rudest expression of fatherhood, in 
 contrast to Apollo, who expresses it in its noblest form ; 
 Bellerophon cannot overcome the lofty ideas of the 
 gynocracy, and yields to the matron's supplication. The 
 preference of Sarpedon to Glaucus, shows how long 
 the female line was observed in Lydia, and its religious 
 significance appears in the submission of the men to 
 Sarpedon; they lay- their arrows in a ring fastened on 
 the child's breast, which points him out to be a mother's 
 son, since the ring is the symbol of feminine Krdg. 
 
 Such an interpretation connects features which by 
 
248 THE PEIMITIVE EAMILY. 
 
 no means necessarily arise from one process of thought. 
 There is nothing to show that Bellerophon's chastity, his 
 victory over the Amazons, his alliance with Poseidon, 
 and his yielding to the matrons are to be explained in 
 the same philosophical connection. The myth becomes 
 more intelligible if we compare it with others, with 
 whose origin we are acquainted. 
 
 Newbold tells us that in Menangkabowe the female 
 line is explained by the following myth : " Perpati Saba- 
 tang built a magnificent vessel, which he loaded with 
 gold and precious stones so heavily that it got aground 
 on the sands at the foot of the fiery mountain, and resisted 
 the efibrts of all the men to it her ofi". The sages were 
 consulted, and declared all attempts would be vain until 
 the vessel had passed over the body of a pregnant prin- 
 cess. It happened that the Rajah's own daughter was 
 in the condition desired ; she was called upon to immo- 
 late herself for the sake of her country, but refused. At 
 this juncture the pregnant sister of the Rajah boldly 
 stepped forward, and cast herself beneath the prow of the 
 vessel, which instantly put itself in motion, and again 
 floated on the waves without injury to the princess. 
 The Rajah disinherited the offspring of his disobedient 
 daughter in favour of that of the sister, and caused this 
 to be enrolled in the records of the empire as the law of 
 succession in time to come." ^ Bachofenr makes the fol- 
 lowing remarks on this myth : " The legend is the product 
 of a time when the customary right in question threatened 
 to yield to contact with peoples who observed other cus- 
 toms, and under the influence of progressive ideas and 
 conditions ; recourse was had to legendary motives, and to 
 a reference to the authority of a lawgiver. It is therefore 
 certain that it has no historical value. . . . But the matter 
 has another aspect . . . it is the mutual affection of brothers 
 and sisters which is expressed in the conditions of inheii- 
 tance between a mother's brother and a nephew. The 
 • Newbold, vol. ii. p. 221. 
 
MAEEIAGE AND ITS DEVELOPMENT. 249 
 
 immediate succession was set aside, because the regard 
 felt between man and wife could not be compared with 
 the closeness of the connection between brother and 
 sister; it was not the wife but the sister who was 
 capable of sacrificing everything for the man. This 
 popular idea was based on the condition of the people." ^ 
 
 This legend is undoubtedly a poetical explanation of 
 the female line. But Bachofen is mistaken in the 
 assertion that the ideas which, at a later period, appeared 
 to the popular consciousness to explain the female line, 
 were the same as those in which it had its origin. The 
 myth shows that the female line appeared to the popular 
 consciousness to be somewhat abnormal and absurd, but 
 it tells hardly anything about its origin, and the king's 
 sister's act of self-sacrifice only appears to be a reason 
 given at a subsequent time for the persistence of a 
 custom, not a symbol of the sisterly affection which was 
 universally active. This act was a concrete, individual 
 occurrence, for which we are not justified in substituting 
 the abstract idea. 
 
 The same may be said of the Bellerophon myth. An 
 explanation was to be found for the Lydian observance 
 of the female line, and the act performed by the women 
 was consequently invented, since it would explain the 
 preference given to them. The country owed its deliver- 
 ance to them, and they might therefore assert their 
 special claims. 
 
 The remainder of the myth in question is merely the 
 divine personification of natural things which is so com- 
 mon. Man imagines that a passion and a deliberate force 
 like his own lurk behind the phenomena of nature, and 
 he seeks to explain the expression of this passion in ac- 
 cordance with the form which it assumes in man. In 
 Hawaii, worship is given to the goddess Pele, the personifi- 
 cation of the volcano Kilauea, and the god Tamapua, the 
 personification of the sea, or rather, of the storm which 
 ' Bachofen, Antiq. Bf.,\ol. i. p. 140. 
 23 
 
250 THE PEIMITIVE FAMILY. 
 
 lashes the sea and hurls wave after wave upon the land. 
 The myth tells us that Tamapua wooed Pele, who rejected 
 his suit, whereupon he flooded the crater with water, but 
 Pele drank up the water and drove him back into the 
 sea. On another occasion Tamapua fought a battle at 
 Oahu with a king who enclosed him and his men in a 
 narrow valley ; the men climbed upon his back in order 
 to surmount the rocks, and he himself escaped without 
 difficulty ; the traces of his footsteps may be seen in the 
 deep clefts worn in the rock by the mountain torrent. 
 The origin of this myth is perfectly clear, and there is 
 no reason for treating the Bellerophon myth differently. 
 Since it was assumed that women must have performed 
 some act which caused the descent of the child to be 
 defined through them, Poseidon must have laid waste 
 the coast, incited thereto by Bellerophon; he himself 
 was injured by Jobates, at the request of Proteus, etc. 
 Occurrences were selected and invented by chance in 
 order to complete the myth, such as Bellerophon's re- 
 lations with Jobates' daughter, and the opposition offered 
 by the women to the influx of the sea, or the wrath of 
 Poseidon. There is no reason to assume that there is 
 any essential connection between these details. With 
 respect to the conflict with the Amazons, we need only 
 observe that Amazon myths exist among many bar- 
 barous peoples, although no one has been able to ascertain 
 that an Amazon state had any real existence. Fancy 
 loves to invent conditions which are the exact contrary of 
 the facts with which we are acquainted, such, for instance, 
 as the narrative of men who can take off their heads 
 and carry them under their arms, etc. The Amazon races 
 are undoubtedly the creation of the same kind of fancy. 
 
 We have only touched upon the question of the 
 interpretation of myths in passing, and wish to avoid 
 dwelling too long upon it. But before absolutely reject- 
 ing Bachofen's suggestions, we must have a clear and 
 distinct idea how myths should be interpreted, so that 
 
MAEEIAGE AND ITS DEVELOPMENT. 251 
 
 it is necessary to bestow a little more consideration upon 
 the subject. 
 
 The principle we have followed above is almost 
 identical with that which is maintained by Max Miiller. 
 He states that man displays a tendency to personify 
 natural objects; that, for example, he calls the moon a 
 carpenter, etc. This does not imply that he forgets the 
 difference between an actual carpenter and the moon, 
 but the personifying name exerts a great influence on 
 his idea.s, and the most difficult problem to solve is, not 
 why a man was inclined to personification, but how 
 he finally extricated himself from the power of his 
 inventions. This power, added to the personifications, 
 may explain myths; the first step was taken in the 
 form of an allegory, and hence the poetic invention took 
 a definite form.' 
 
 One out of many examples may be given. The 
 Hottentots say that their god Tsui-goab, the god of 
 heaven, and of the sun, rain, and storm, was some few 
 generations before a quack doctor with a broken leg.^ 
 Max MiiUer rejects the suggestion that a- magician with 
 a crippled leg had really lived, and was deified after 
 his death. This explanation follows the principle laid 
 down by Spencer and Lubbock, on which Tylor's 
 criticism has been already given. The first element 
 of this principle is based upon the human personality. 
 Man's fancy begins to weave inventions round some 
 given person ; if his name is derived from some natural 
 object, he is identified with that object, which also 
 begins to be regarded with reverence; myths arise in 
 the form of tales about the acts of men which are, 
 owing to the similarity of name, transferred to the ob- 
 jects and forces of nature.* Max Miiller's principle of 
 
 • Max Muller, Orig. of Bel, p. 193; Iidrod., p. 210. Appendix 
 XXXVII. 
 
 2 Ibid., Inirod., p. 285. 
 
 ' Spencer, Prine. of Sac, p. 390. 
 
252 THE PEIMITIVE FAMILY. 
 
 interpretation is much simpler, and the Hottentot myth 
 in question is interpreted by him in a way which afibrds 
 one of the finest examples of a simple and natural recon- 
 struction of the mode adopted by the creative conscious- 
 ness, so that all other interpretations appear irrational 
 and forced beside it.-* Spencer, indeed, tries to avoid 
 Bachofen's erroneous views, and takes care to represent 
 myths as the invention of a deeper consciousness — that 
 is, as the concrete image of an abstract idea. But although 
 this latter allegorical invention must be unconditionally 
 rejected, it by no means follows that the allegories upon 
 which the personification relies should be rejected also. 
 We all speak of "the roaring sea," which arouses the 
 image of a raging animal; of " the lashing storm," which 
 makes us think of a horse-driver, and so on. These are 
 allegories of the intuition, not of the intellect, and are as 
 current among primitive men as those of the latter are 
 unfamiliar to them. 
 
 Hesiod tells us that chaos existed before the gods, 
 who first brought order into the world. These are not 
 the ideas of a maker of myths, but an attempt to inter- 
 pret them, and to collect some scattered myths into a 
 connected form. The dawn of day was reverenced 
 because it chased away the night and its terrors ; the 
 
 ' Max Muller, Int. So. of Eel., p. 295 : " Goa-b is derived from a root, goa, 
 to ' walk, to approach.' From it is formed groo-ft, meaning, as a verb, ' coming 
 he,' i.e. ' he comes,' and as a substantive, ' the comer,' * the approaching one.' 
 This goab, meaning originally ' the goer,' was used for ' knee.' But the same 
 goab has a second meaning also, viz. ' the day,' and more particularly, ' the 
 approaching day.' Thus goara means, ' the day dawns.' . . . The general 
 meaning of <8» is 'sore,' but it can also mean 'bloody,' 'red-coloured.' . . . 
 If there were any doubt as to tm having had the meaning of 'red,' how 
 could we account for teu-xu-b, a name for ' night ' ? The verb xu means ' to 
 go away,' tsu-xub therefore means ' tsu-gone-away-he.' Here the trans- 
 lation, ' the Sore one is gone away,' would have no meaning at all, while ' the 
 Eed one is gone away,' is a perfectly intelligible name of the night." Max 
 Muller might have retained the translation " sore one," since the myth was 
 based upon the meaning of" blood-red." Tsui-goab, "the wounded leg," was 
 used of the rosy morning dawn. The first meaning, again, was, " he with 
 the wounded leg," " the limping wanderer," and hence came the myth of 
 reverence for the morning dawn. 
 
MAREIAGE AND ITS EEVELOPMENT. 253 
 
 god of thunder was reverenced because he smote the 
 black and threatening clouds ; speaking in the abstract, 
 the god of order was reverenced because he put an end 
 to disorder. If men loved savage and unbridled lawless- 
 ness more than a state of law, we should find chaos 
 instead of Zeus. But man now seeks to tread the path 
 which leads from terror to peace, and in his poetry he 
 therefore puts the terrors of nature first, in order to be 
 able to grasp the blessedness of peace, rising victoriously 
 above them, as the legitimate result of these occurrences. 
 The power of reflecting upon myths marks a step in 
 advance, and the myth that Zeus, the god of heaven, 
 conquered chaos, must be regarded as the fruit of such 
 reflection, which therefore indicates the advance of 
 culture. It would, however, be irrational to assert that 
 chaos had at one time been the ideal of man, and that 
 it gave place to other ideals as culture increased. The 
 progress of civilization merely consists in the establish- 
 ment of an ordered state of things ; greater culture pro- 
 duces the higher intellectual power which enables men 
 to give more individuality to their gods, and by a fusion 
 of the myths which belong to difi'erent localities, a theo- 
 gony is created. 
 
 When the myth tells us that Aphrodite yields to 
 Demeter, and that Poseidon was vanquished by Dionysos 
 and Apollo, we cannot accept Bachofen's interpretation 
 that men passed from aphrodistic hetairism into demeter- 
 ism, and hence into apoUinism. It simply represents 
 the mutual relations of natural phenomena which are 
 personified in the deities. Demeter subdues Aphrodite, 
 because it was bjs the labour of man that the rich, but 
 still waste, morass was transformed into a fruitful field. 
 This state of things can be defined by an abstract 
 formula, because, not in this case only, but always and 
 everywhere, man prefers a state of order to a state of 
 disorder. So it was, that when the human fancy grasped 
 the analogy between the vegetation of the morass and 
 
254 THE PEIMITIVE FAMILY. 
 
 the lawless coupling of animals, and between agriculture 
 and marriage, the moral estimate of the sexual life of 
 man found its fitting form in primitive poetry. 
 
 The ordinances of worship are, as we can readily 
 understand, in accordance with the nature of the deity 
 which is to be reverenced. It would, however, be a 
 forced interpretation to infer from these what was the 
 earlier condition of common life. It is difficult to regard 
 the prostitution practised in the worship of Aphrodite 
 as a survival of a licentious age ; it is altogether impos- 
 sible to accept the suggestion that it is a reminiscence of 
 an age when prostitution was regarded as a duty, and 
 marriage, or the restriction of sexual intercourse, was a 
 crime for which expiation must be made.^ Every Baby- 
 lonian woman was bound, once in the course of her life, 
 to seat herself at Aphrodite's altar and hold intercourse 
 with strangers.^ We cannot, however, see anything in 
 this custom except a sacrifice and prayer offered to the 
 generating power. In opposition to Lubbock, who 
 accepts Bachofen's view of the prostitution in the temple 
 and other unchaste customs of the same kind, McLennan 
 offers the valid objection that these customs cannot be 
 regarded as an expiation, because the communistic rights 
 of the tribe were infringed by marriage ; since we are 
 never told that the bride and bridegroom belonged to 
 the same group, or that the men to whom they were 
 given up belonged to their group.* 
 
 We' must now turn to the direct testimony which 
 exists with respect to the conception of marriage and of 
 its development. Great stress is laid on the fact that 
 the conflict which arose among men for the possession of 
 women must have been a constant source of danger to 
 the rising community; in order, therefore, that its 
 development might not be checked, it became necessary 
 
 ' ^^SLcho{en, Mutterreclit, pp. xix.,13. Lubbock, Orig. of Civ., p. 125. 
 
 " Herodotus, bk. i., chap. 199. 
 
 ' McLennan, Studies, pp. 425-440. 
 
MARRIAGE AND ITS DEVELOPMENT. 255 
 
 not to give way to the feeling of jealousy, but to be 
 satisfied with promiscuous intercourse. We have no 
 doubt that disputes about women were of frequent 
 occurrence, but when they occurred in the tribe itself, 
 they were probably fought out between individuals, and 
 they only extended to groups when an appeal was made 
 for the aid of friends and dependents. They were there- 
 fore in many cases no source of danger to the tribe ; the 
 weaker man was vanquished, and in this, as in other 
 matters, he submitted to the inevitable.^ These disputes 
 did not, therefore, lead to promiscuous intercourse, but 
 to a change in the woman's master.^ 
 
 Darwin and Maine likewise declare it to be improb- 
 able that sexual intercourse was ever perfectly free, 
 since the passion of jealousy is so strong inpShe whole 
 animal kingdom that it cannot be supposed' to have 
 been dormant in primitive communities of men.^ We 
 have already given innumerable instances of the way in 
 which a man willingly surrenders his wife to others ; his 
 jealousy is only aroused when she acts independently in 
 permitting the access of strange men without his will 
 and knowledge. Hence the rule may be laid down that 
 jealousy was only excited when the man was afraid 
 that he should lose his wife. The more or less pro- 
 miscuous intercourse which we have described above 
 appears to have been developed at a subsequent period, 
 with the growth of tribal feeling, and with the forms so 
 
 • As soon as one party has decidedly proved itself the strongest, the 
 affair is set at rest, and they live as before, without offering each other 
 any further molestation. Burehell, vol. i. p. 374 (Hottentots). 
 
 ' Beam's Diary, quoted by Sprengel, Ausioahl der besten Nachrioliten, 
 vol. vii. p. 169. In Hudson's Bay the custom is general that men should 
 compete for their wives, and the prize falls to the victor. A weakling 
 can therefore seldom keep a wife who is desired by a stronger man. For 
 whenever the wives of tlie stronger man are overladen with provisions or 
 furs, he does not hesitate to rob another of his wife, in order that she may 
 carry part of the burden. 
 
 ' Darwin, Descent, vol. ii. p. 362. H. S. Maine, Early Law, pp. 206, 
 216. 
 
256 THE PRIMITIVE FAMILY. 
 
 closely connected with a strengthening sentiment for the 
 clan and family. Promiscuous intercourse was a proof 
 of friendly feeling, backed by the confidence that there 
 was no danger of forfeiting the right of possession. The 
 husband's rights were less protected when the tribal 
 bond was weak, and this makes it improbable that he 
 would neglect the self-defence prompted by jealousy. 
 We do not believe that the structure of communities 
 could have been permanent at a time when all men were 
 inflamed by constant desire for all the women with 
 whom they came in contact. The natural restriction of 
 the sexual impulse, both with respect to its period and 
 its objects, could alone make the formation of the tribe 
 possible ; and yet this impulse is at all times so powerful 
 that it might be seriously imperilled if it were the sole 
 basis of that connection between man and woman which 
 we call marriage. 
 
 In all the communities with which we are acquainted, 
 there is a distinction between the sexual relations and 
 marriage, nor does it appear that a man wishes to 
 isolate all the women with whom he holds sexual inter- 
 course from time to time in the same way in which he 
 isolates his wives. If marriage were decided by the 
 sexual relations, it would be difficult to understand for 
 what reasons marriages were contracted in those com- 
 munities in which an altogether licentious sexual life is 
 permitted to the unmarried. We are by no means with- 
 out a clue to the motives for obtaining a woman as the 
 absolute property of one individual. The man requires 
 her to work for him and to keep his house.^ This idea 
 is manifested in many of the ceremonies with which 
 marriage is contracted, such as that by which the bride 
 prepares a meal for her future husband. The betrothal 
 
 ' <' In fact, when asked why they are anxions to obtain wives, their 
 usual reply is, that they may get wood, water, and food for them, and 
 carry whatever property they possess" (Eyre, vol. ii. p. 321). Xt would 
 he easy to adduce many other iuetances. 
 
MAKEIAGE AND ITS DEVELOPMENT. 257 
 
 of children, which occurs almost evei-ywhere, excludes 
 the supposition that love, as such, is the essential point 
 of marriage. So far as we are concerned with human 
 existence, it must be assumed that this claim to the 
 woman's labour had its value. It is difficult to define 
 with clearness the border line between man and animals, 
 since, as we have already said, all forms of transition are 
 continuous. We are not now interested in the fleeting 
 phenomena of the transition period, but in the appear- 
 ance of those communities which are unquestionably 
 human. We shall meet with no stronger distinction 
 between animal and human existence than the use of 
 fire. By its use the way was opened to man to obtain 
 better nourishment ; it then became possible to become a 
 flesh-eating animal. The necessary preparation of food 
 which resulted from this fact caused a division of labour 
 between the sexes, which was unknown in the animal 
 world. The man then became the regular provider of 
 food, not, as in the case of animals, only occasionally, 
 and it was the woman's part to prepare the prey. In 
 this way she became indispensable to the man, not on 
 account of an impulse which is suddenly aroused and as 
 quickly disappears, but on account of a necessity which 
 endures as long as life itself, namely, the need of food. 
 
 Among nearly all primitive peoples, the wife and 
 young children are not allowed to eat with the father of 
 the family. The following is a picture of savage life. 
 Wlien the man returns from hunting, he throws liis game 
 to his wife, and when she has cooked it, he eats until he 
 is satisfied or surfeited, without caring what may be left 
 for his wife and children. He is, therefore, not oppressed 
 by the care of feeding his famUy. Yet if the game which 
 he brings home each day is so scanty as only to be enough 
 for himself, the wife must soon either forsake him or die of 
 hunger. She may, indeed, sustain life for a while with 
 roots and berries, or with the fish which she catches for her- 
 self, but this state of things can hardly endure. Under such 
 
258 THE PEIMITIVE FAMILY. 
 
 circumstances the man feels no desire to possess several 
 wives ; one is quite enough to do all that he requires. 
 
 As the boys grow up, their desire of obtaining a wife 
 is awakened, so that they may not be inferior to their 
 father, but be able to make use of their own game. It is, 
 undoubtedly, impossible to give a description of the 
 primitive mode of wooing a bride which is applicable to 
 all cases. At one time he may have unexpectedly fallen 
 in with a woman of a neighbouring tribe in the forest, 
 and have carried her off by force ; at another he, like the 
 Italmanian, may have joined a family in which there was 
 a marriageable woman, and have continued to live with 
 them until something occurs which leads to a separation, 
 and he then goes off with his wife.^ 
 
 These primitive connections were unquestionably 
 monogamous,^ since the motive for wishing for a plurality 
 of wives was absent. But they were also, although the fact 
 has not been generally noticed, of an enduring nature. 
 As long as the sexual impulse is regarded as the motive 
 and bond of marriage, it would certainly be the more 
 probable assumption that in primitive times separations 
 were very frequent ; but as soon as we admit that mar- 
 riage had its origin in the necessity of establishing a 
 household, a necessity which was felt by both parties, the 
 matter assumes a different aspect. In primitive commu- 
 nities, indeed, the dissolution of marriage depends solely 
 on the wishes of the couple ; both man and wife are usually 
 at liberty to put an end to the connection, and the man, 
 at all events, can separate from his wife whenever he 
 chooses. At the same time it appears that although they 
 may and do separate at any moment, such cases are com- 
 paratively rare. In the case of the majority of primitive 
 races, we are told that separations very seldom take 
 place where there are children of the marriage ; in other 
 
 ' Leaseps, Forster, Neue Beitrage, vol. iv. p. 250, See Elemm, Die 
 Frauen, vol. 1. p. 50. • 
 
 Spencer, Frinc. of Soc, p. 698. 
 
MARRIAGE AND ITS DEVELOPMENT. 259 
 
 races the marriage is only held to be complete after the 
 birth of a child, and it also appears that the procreation 
 of a child is enough to establish a marriage.^ Among 
 the Kafirs the parents do not use the milk of the cows 
 which are destined to be the daughter's property until 
 the child is bom. At King's Mill, the dowry is not paid 
 before the birth of a child. Among the Abipones, the 
 young couple continue to live with the woman's parents 
 imtil after the bii-th of the child. We have a like ac- 
 count of the tribes on Mount Sinai ; a Badakschan wife, 
 on the other hand, may not re-enter her parents' tent 
 imtil her child is bom. In the Marean tribe, the wife's 
 relations are bound to pay ten cows to her husband 
 after her first delivery, and these become his private 
 property. The temporary marriages mentioned by Kuli- 
 scher must be placed in the same category ; connections 
 are formed on trial, which are again dissolved if no 
 children are bom within a given interval.^ Cook writes 
 of the loose bonds of the Tahitians, that the man may on 
 his side always make another choice, but if the woman 
 with whom he lives becomes pregnant, he must put the 
 child to death, and afterwards either continue his connec- 
 tion with its mother, or desert her. If, on the other 
 hand, he accepts the child, and permits it to live, the pair 
 are held to have entered into the marriage state, and they 
 usually continue to live together.* Herrera states that 
 a Mexican demands the woman who pleases him of her 
 father, but it is not always easy for him to obtain her, 
 since the father may reply that he only desires her in 
 order to beget children. As soon as a son is born, the 
 father requests the young man either to marry the girl 
 
 ' Muskohgi (Bartram'a Reisen, p. 487) ; Cariba (Gili, p. 346) ; Mugeam, 
 Sahara (Forster, Neue Beitrage, vol. xiii. p. 162); Cucis {IWd., p. 248); 
 Hottentots (Le Vaillant, Voyage, vol. ii. p. 42) ; Natohes (Lambert, p. 316) ; 
 Charruas (Azara, vol. ii. p. 23) ; Tehuelohe (Falkner, p. 157). 
 
 2 Alberti, p. 104. WUkes, vol. v. p. 101. Dobrizhoffer, vol. ii. p. 257. 
 Burkhardt, vol. 1. p. 269. See Ploss, Das Weib, vol. ii. p. 509; Wood, p. 
 28; Munzinger, p. 2U ; Archiv.fur Anthropol., vol. xi. 
 
 ' Cook, Tliird Voyage, vol. ii. p. 157. 
 
260 THE PEIMITIVE FAMILY. 
 
 or to leave her, and if he sends her back to her father, he 
 holds no further intercourse with her.^ 
 
 Among the Scottish Highlanders there was a custom 
 of handfasiing ; that is, two chiefs agreed that the heir 
 of the one should live with the daughter of the other as 
 her husband for a year and a day ; if at the end of that 
 time, the woman had become a mother, or, at any rate, if 
 she was pregnant, the marriage was regarded as valid, 
 even if unblest by a priest ; but if there, was no sign of 
 pregnancy the connection was dissolved, and each party 
 was at liberty to enter into another connection, either by 
 marriage or handfasting.^ Evidence of a similar process 
 of thought may be traced in the Kafir custom of fining a 
 man whose children were born out of wedlock; inKunavan, 
 the father is bound to support such children ; in Assam, 
 he is enjoined to marry the mother, and the Muskohgis 
 dislike to see unmarried girls become mothers ; although 
 among all these peoples unchastity is not condemned.* 
 
 This process of thought leads us to infer that the 
 conception of marriage is sharply distinguished from the 
 mere relations of passion. We have seen that a man 
 connects himself with a woman in order that she might 
 keep house for him, and to this may be added a second 
 motive, that of obtaining children. His ownership of the 
 children does not depend upon the fact that they were 
 begotten by him, but upon the fact that he owns and 
 supports their mother. In the case of the Italmanians, 
 the wooer attaches himself to the family of the woman of 
 his choice without a word, and assists her in all her 
 labours, and no one asks what his intentions are ; only if 
 she becomes pregnant by him, he has to provide for her 
 and the child. Bagos children are betrothed in their 
 eighth year and live together after their betrothal, but 
 
 • Herrera, p. 363. » Skene, p. 166. 
 
 ' Klemm, Die.Frauen, vol. i. p. 64. Journal Asiat. Soc. of Bengal, vol 
 xiii. p. 1. Cunningham, p. 204. Cooper, p. 228. Jones, p. 69. Charlevoix, 
 Nouv. France, vol. i. p. 195. 
 
MARRIAGE AND ITS DEVELOPMENT. 261 
 
 the wedding is only celebrated after it appears that the 
 woman has lost her virginity.^ Thus it is evident that 
 marriage does not imply permanent relations of love, but 
 relations in which the man is the provider and protector. 
 In primitive communities children are of great ser- 
 vice to the father. They add to his importance, which in- 
 creases with the number of dependants and friends he is 
 able to gather round him. The child which was carried 
 in its mother's bosom belongs to that mother's owner, 
 and we can readily understand that he who wishes to 
 possess the child wiU not willingly separate from its 
 mother. We have already spoken of the local bond 
 between mother and child, and have sought to estimate 
 the significance of the conflicting interests of the 
 mother's and father's family in deciding to which the 
 child shall belong. The interest felt in children must 
 have exerted its influence on the form of marriage, since 
 it furnishes a motive for polygamy which is not included 
 in the need of a housekeeper. A man wiU be actuated 
 by this motive in proportion to the number of available 
 women, and to his power of purchasing and providing 
 for them. It follows from the nature of things, and we 
 have so repeatedly dwelt upon the fact that we need not 
 say more about it, that polygamy can never have been 
 the normal condition of a tribe, since it would have 
 involved the existence of twice as many women as men. 
 Polygamy must necessarily have been restricted to the 
 noblest, richest, and bravest members of the tribe. This 
 would, however, furnish a fresh motive for polygamy, 
 since it was held to be a sign of high position. We 
 must, moreover, admit the difficulty of making any clear 
 distinction between polygamy, and monogamy combined 
 with permitted concubinage; concubines are always 
 slaves, and subject to the true wife, but where there are 
 several wives, it is also usual that one should be regarded 
 as the chief. Only one way remains open for us — to 
 ' Caillie, vol. i. p. 244. 
 24 
 
262 THE PRIMITIVE FAMILY. 
 
 ascertain whetlier the customary wedding ceremonies are 
 as fully observed in the case of all the wives, or if they 
 are in use at one special wedding. 
 
 As we have repeatedly said, the significance of these 
 ceremonies consists in the illustration they afford of the 
 different thoughts which pass through the minds of other 
 members of the family at their complete or partial sepa- 
 ration from one of the daughters, which always ensues 
 from marriage. The mind is either occupied with the 
 fact of separation, which furnishes the symbol of rape, or 
 with the duties which the bride has to perform for the 
 bridegroom, whence we have the symbol of preparing 
 food ; or, finally, prominence is given to the bridegroom's 
 duties, and this gives us the symbol of a protector and 
 provider, of the wooer's efficiency as a hunter, etc. These 
 ceremonies afford a public and legal declaration that the 
 persons in question are for the future to be regarded as 
 married people; they create the centre of association 
 round which all the ideas which refer to these persons 
 will hence, orward gather. The force exerted on the 
 consciousness by these ceremonies will be great in pro- 
 portion to their solemnity, and so will be the difficulty of 
 a divorce. Since the marriage was efi'ected by a contract 
 to which the relations and friends gave their assent, that 
 assent will also be required for its dissolution.^ The 
 sanctity of marriage is thereby increased, and its sacra- 
 mental meaning begins to be developed. Several reasons 
 arise for only one observance of the complete ceremonial, 
 and consequently the suppression of polygamy as a valid 
 form of marriage followed. 
 
 Marriage does not merely affect the bride and bride- 
 groom, but the relative position of their respective families, 
 since they, and especially the kinsfolk of the bride, not 
 only have a voice in the conditions of marriage, but also 
 continue to feel an interest in the married pair. The 
 
 ' Hunter, p. 253. Carver, p. 313. Bartrams, p. 487. Cooper, p. 101. 
 Butler, p. 83. ^ '^ 
 
MAEEIAGE AND ITS DEVELOPMENT. 263 
 
 female line was the strongest assertion of this interest, 
 but there are many other confirmations of its existence. 
 The Californian enjoins his daughter to maintain her 
 conjugal fidelity, but he adds that she must come to' him 
 if she has any cause of complaint. The Hassanyah 
 stipulates that if the bride performs her conjugal duties 
 for four days of the week, she must be quite at liberty 
 for the other three.^ Polygamy may have obtained some 
 support from the interest which the bride's family con- 
 tinued to take in her, since it may be important to the 
 man to be connected with as many distinguished families 
 as possible,^ and many overtures may be made to a distin- 
 guished warrior that he should marry this or that woman. 
 Yet this interest would generally exert a tendency opposed 
 to polygamy, since it is impossible to avoid making a dis- 
 tinction between the several wives of a polygamous family. 
 Where the man goes to live with the family of his 
 chosen bride in order to woo her, he can do so only on 
 the occasion of his first marriage, and he must therefore 
 endeavour to obtain his subsequent wives in other ways. 
 This must also be the case when members of his family, 
 and especially his father, do the wooing for him, since a 
 man who is already married is too independent for the 
 further continuance of such guardianship. The first wife 
 would, as the first-comer, naturally try to assert her 
 authority over those which come later; and since, more- 
 over, she is usually the only one who has been wooed, 
 we can easily understand that she would not be satisfied 
 with any position but that of mistress of the house. 
 And conversely, the growing dignity of the first wife 
 must be included in the reasons which led to the neglect 
 of ceremonial observances in the case of subsequent con- 
 nections.* Thus the conditions react on each other. 
 
 ' Duflos de Mofras, vol. ii. Descr. Soc, No. 5, p. 8. 
 
 " Thus the Jakute has a wife itt each place which he visits in his 
 wanderings. Forster, Neae Beitrage, vol. v. Lesseps, p. 85. 
 
 2 Hunter, p. 249. Lafitau, vol. i. p. 555. Von Martius, pp. 101, 108, 109, 
 Burchell, vol. ii. p. 60. Orbigny, vol. iv. p. 226. 
 
2G4 TUE PRIMITIVE FAJIILY. 
 
 Since the eldest or noblest wife is commonly called the 
 chief, a girl's family is unwilling to give her to a man 
 who is already married. This is decidedly the case 
 among the Malays ; they refuse to give their daughters 
 to a man of their own class if he is already married. If 
 a man wishes to h'&ve more than one wife, he must have 
 recourse to a lower class, and these women are only 
 regarded as concubines, since the ceremonies are observed 
 at the first marriage alone/ In Sumatra, polygamy 
 occurs in Djudur marriages, but not in Semando mar- 
 riages. In Nicaragua, it is forbidden, under pain of 
 death, to make use of ceremonial observances in more 
 than one marriage.^ The fact that a Marauha who has 
 brothers is forbidden to have more than one wife is prob- 
 ably due to another train of thought, namely, to that 
 which, as we have already seen, leads to polyandry, or to 
 the order that only one of several brothers may marry, 
 which is the case amongst the Malabar Brahmans.^ 
 
 In this way we find that polygamy is threatened on 
 many sides, and since mutual jealousy is an additional 
 obstacle,* the facts entitle us to infer that polygamy is 
 based upon motives which only superficially affect the 
 minds of men, instead of being deeply rooted in the 
 conditions under which their social life is developed. 
 Polygamy must disappear as soon as a growing develop- 
 ment brings into play permanent motives and funda- 
 mental forces. Like primitive monogamy, and most 
 cases of polyandry, polygamy is not a form of marriage 
 which can be regarded as the expression of a marriage 
 law ; that is, it is not a form of marriage which is striv- 
 
 ' Freycinet, vol. i. p. 639. Crawfurd, p. 77. Earl, p. 58. Forster 
 and Spreiigel, vol. ii. p. 63. 
 
 2 Marsden, p. 270. Herrera, p. 320. 
 
 " Spix and Martins, vol. iii. p. 1 185. 
 
 * The woman keeps a jealous watch upon her husband. Charruas, 
 Azara, vol. ii. p. 23 ; New Zealand, Dieffenbach, vol. ii. p. 37 ; Marianas, 
 Freycinet, vol. i. p. 477; Touaregs, Duveyrier, p. 340; JBatlas, Forsten 
 and Sprengel, vol. i. p. 15; Moors, Caillie, vol. i. p. 12. 
 
MARRIAGE AND ITS DEVELOPMENT. 265 
 
 ing for the mastery, and which cannot tolerate other co- 
 existent forms of marriage. On the other hand, the later 
 monogamy, which arises from a distinct condemnation of 
 polygamy, or from a secret aversion to it, is character- 
 ized by self-assertion and seeks to exclude other forms 
 of marriage. We must, however, be cautious about 
 regarding isolated forms of polyandry, and that mono- 
 gamy which is associated with concubinage, as special 
 forms of marriage ; these are only phenomena of mono- 
 gamous marriage, which persist until the sexual side 
 of marriage becomes of such importance that married 
 people are pledged to purity of life. / 
 
 Chastity was, as we have seen, at first imposed upon 
 the married woman, because she was the property of the 
 man, and might only transgress this rule with his know- 
 ledge and permission. We have, therefore, two problems 
 to solve — on the one side, how it was that men discon- 
 tinued these licentious customs after marriage ; and on 
 the other, how the sexual freedom of unmarried women 
 gradually gave place to more orderly conditions. 
 
 Licentious practices after marriage tend to disappear 
 as soon as the idea of procreative conditions enter into 
 the conception of fatherhood, so that those sons take the 
 seniority which were begotten by the man himself, as 
 we learn from the table of Hindu sonship given above. 
 We have shown that although the idea of procreative 
 conditions did not originally decide the conditions of 
 fatherhood, yet it is well known that these conditions 
 were of great importance to the child. Their greater 
 effect was hindered, on the one side, by the slight 
 reference which they bore to the local ordinances which 
 were in all cases the basis of the ideas of property, 
 and on the other, by the overpowering desire to obtain 
 as many children as possible. Gradually, however, as 
 the association of men's ideas was freed from the 
 direct and material consideration of locality, and the 
 desire to have many children gave place to a desire to 
 
266 THE PEIMITrVB FAMILY. 
 
 have them as good as possible — that is, most capable of 
 offering sacrifices for the dead — the begetting power of 
 fatherhood had greater weight. 
 
 Even in primitive times, the character, or soul — the 
 inward, mysterious being — of the father was supposed to 
 decide the character of the child ; and the more close and 
 complicated the relations between father and son became, 
 the more evident it seemed that they were one in their 
 inmost being ; the associations which were external, pal- 
 pable, and local, gave place to the inner conceptions of 
 thought. The joy excited by the excellent qualities of 
 a child was first aroused in the breast of a primitive 
 man when that child owed its being to himself, and its 
 excellence was a proof of the excellence of its begetter, 
 that is, of himself I venture to assert that even now 
 this idea plays the strongest part in what we call the 
 voice of blood, and the difficulty of feeling the same 
 affection for a foster child or step-child as for one who is 
 really a man's own, is owing to the fact that all the 
 tender feelings which the child, as such, arouses can only 
 gather round the child which is really one with its 
 father, and these feelings tend to increase in strength. 
 The connecting idea is that we are ourselves the cause 
 of the child's existence, while the idea of another father 
 will always come in to estrange us from the child which 
 is not our own. Vanity, a sentiment which is often 
 condemned, yet not always blameworthy, finds suste- 
 nance in the most trivial occurrences of everyday life 
 from the thought, " Here I trace myself; the child has 
 inherited that tendency from me," etc. If the child was 
 begotten by another, there is only room for vanity in the 
 fact of its nurture. In life, however, there is no clearly 
 defined limit between that which is acquired and that 
 which is innate ; whatever a young man is, is reckoned 
 to be his own nature, and the necessary development 
 of his innate qualities. The rude, material instincts of 
 primitive man are not susceptible to the vanity of 
 
MAKEIAGE AND ITS DEVELOPMENT. 267 
 
 paternal feeling; but refined mental culture and the 
 development of sentiment provide, in the strength and 
 moral dignity of fatherhood, the bonds which knit to- 
 gether the begetter and his offspring. 
 
 The demand for chastity of life on the part of 
 unmarried girls is not always combined with the same 
 demand for chastity in a married woman. To give 
 only one instance, the Ossetes keep a strict watch over 
 unmarried women, while those who are married lead a 
 very unchaste life. The early betrothals have more than 
 anything else to do with the fact that only married 
 women become mothers, and, according to the nature of 
 things, the discountenance of motherhood in the un- 
 married which we have mentioned above is easily trans- 
 formed into the discountenance of unchastity in the case 
 of girls. Where such a feeling does not prevail, no 
 attention is paid to the unchastity of the unmarried. 
 
 When limits are set to the sexual freedom of the 
 woman, the man cannot retain his sexual liberty, since 
 he is thus deprived of the means of unrestrained sexual 
 intercourse. The condemnation which is directly in- 
 curred by the unchaste woman is consequently, although 
 in an attenuated form, incurred by the unchaste man. 
 He is not so much blamed for unchastity, as for having 
 seduced the woman to violate her pledge of chastity, and 
 also because he did not hesitate to overwhelm her with 
 misery. The difficulty of estimating the precise bearing 
 of facts, so as to make a just distribution of guilt and 
 innocence, has up to this time blunted the edge of blame 
 awarded to the men, and, owing to the weakness of 
 human nature, it may perhaps continue to do so. It is 
 so ordered by nature that the reasons for which, as we 
 saw above, unchastity was originally condemned, only 
 applies to the woman. 
 
 Although the sexual impulse must be reckoned 
 among the strongest of human impulses, yet it cannot 
 become an element of social development. On the other 
 
268 THE PEIMITIVE FAMILY. 
 
 hand, the begetting of children is of the highest import- 
 ance to the social life of man. It is the woman, however, 
 who brings forth the fruits of love, and the formation of 
 legal ideas will, in accordance with external, miaterial 
 facts, consequently be directed only against her. The 
 man's chastity is an object of the morality of nobler 
 minds. In human communities there will always be 
 two kinds of morality; the one displays the highest 
 development of refined consciousness, but it will never 
 suppress the other, the morality of the common herd ; it 
 can only place before the latter an ideal to which it may 
 perhaps eventually attain; but not until ideal morality 
 has long been exalted into still higher spheres. ^• 
 
 When, therefore, the limits set to the sexual freedom 
 of women had pointed out marriage as the province of 
 sexual life — at any rate, as far as legal ideas are con- 
 cerned — a complete transformation of the conception of 
 sexual conditions took place, while the idea of marriage re- 
 mained almost unchanged. As the characteristic moment 
 of conjugal life, the sexual instinct is associated with all 
 the feelings which are developed among men who live 
 together, and from which, setting the sexual relation 
 aside, marriage has so much to fear. Erotic enthusiasm 
 is closely allied to the sexual impulse, but conjugal love 
 is derived from another source. We have seen above 
 that no tender sentiment — at any rate, not what we call 
 love — inspired man with the desire to marry, and that 
 primitive marriage, as hard and dry as primitive life 
 itself, had its origin in the most concrete and prosaic 
 requirements. Even now it is an unworthy marriage in 
 which the erotic sentiment predominates in the relations 
 between the married pair. 
 
 The common household, in which each had a given 
 work to do, and the common interest of obtaining and 
 rearing children were the foundations upon which mar- 
 riage was originally built. And from the sympathy which 
 inevitably springs from the interests which they have in 
 
MARRIAGE AND ITS DEVELOPMENT. 269 
 
 common, that love is developed which effects a perfect 
 and stable marriage. In primitive communities, the 
 paths of man and wife diverged too widely to further any- 
 rapid growth of mutual sympathy. There was a sharp 
 distinction between their household tasks, and the point 
 of contact consisted only in their children. The mother 
 was more valued and esteemed than the mere wife. We 
 have also seen that the mother acted as guardian to her 
 child's share of the inheritance, and as such she had a 
 voice in all which concerned the management of the 
 property. This position was not maintained after the 
 family organization was more firmly established, so that 
 there was less risk of any disturbance in the order of 
 succession. She then relied upon her character as mother 
 of his children in order to assert her position with respect 
 to her husband, unless she received support from her own 
 family. Marriage as such did nol entitle her to this 
 support. We have seen the result of the fahiily sentiment 
 in the polyandry of the Nairs and the Semando marriage 
 of the Malays, and the later forms of marriage among the 
 ancient Romans are clear examples of the important 
 influence exerted on marriage by the independent position 
 of the wife. It would be unwise to advocate such an 
 order of things for the future, since we have no reason 
 to think that different consequences would ensue from 
 it. It is incumbent upon us to declare that if legal 
 independence, especially with respect to property, is 
 given to both man and wife, a cause of separation is 
 introduced into marriage which must sooner or later lead 
 to the granting of divorce from arbitrary motives. And 
 a divorce on such grounds degrades marriage into con- 
 cubinage. 
 
 The movement in favour of the greater independence 
 of women which is now so strong, has received its 
 peculiar character from the fact that it is mainly upheld 
 by unmarried women. It was, owing to the division 
 of labour which took place in the primitive family^ 
 
270 THE PEIMITIVE FAMILY. 
 
 and which assigned to the man the duty of provid- 
 ing sustenance, to the woman that of keeping the house, 
 that the nurture and development of the two sexes 
 were so diflferent. The struggle for existence was chiefly 
 fought by the man, and his mental faculties were con- 
 sequently stimulated to greater exertions than those 
 of the woman. Owing to the difference of the tasks 
 imposed upon him in everyday life, the wife was 
 deprived of the advantage of any common discussion of 
 his plans and occupation. It was only in the tranquil 
 life of the village communities, in the tilling of the soil, 
 in the rearing of the cattle, which almost exclusively 
 occupied their lives, that women could place themselves 
 on a level with men. When social relations were com- 
 plicated under the stimulus of the struggle for wealth, 
 which was always becoming more intense, while the 
 growing respect for law made the enjoyment of wealth 
 more certain because it was more protected, the demands 
 made upon the bread-winner increased, while the house- 
 wife's position was constantly becoming more easy and 
 tranquil, and the intellectual difference between man 
 and wife gradually increased. 
 
 At the same time, the great demand for the education 
 of children could hai'dly be satisfied by the highest mental 
 culture. The education of the children, as the central 
 point of family life, became the strongest bond of union 
 between man and wife. While the husband's mental 
 capacity exceeded that of his wife, in consequence of his 
 strenuous conflict for subsistence, yet this conflict seemed 
 of less importance to the children in comparison with 
 the woman's quiet influence at home. The female mind 
 gained in this respect what it lost in the sphere of 
 common life, and the slighter exertions demanded by the 
 latter made it possible for the woman to foster the tender 
 germs of childish understanding with constant watchful- 
 ness, deep intelligence, and refined feeling. In this way 
 the mother became the noble and esteemed companion of 
 
MARRIAGE AND ITS DEVELOPMENT. 271 
 
 the man, and the greater the duties entrusted to her, the 
 greater became the love and sympathy which united 
 them. The fugitive and erotic sexual impulse fails to 
 harmonize with the nobility of this sentiment, since it is 
 wanting alike in duration and power. 
 
 While, therefore, we see no reason to call a woman's 
 lot contemptible, we readily admit that where the uniting 
 and ennobling centre of the child's education is wanting, 
 the inequality of the labour imposed respectively on man 
 and wife may easily make itself felt in a manner dis- 
 advantageous to the woman. A childless marriage lacks 
 the best and most natural condition of happiness, and 
 hence it is plain that a childless couple finds it more 
 diificult to attain to that state of content and equanimity 
 without which happiness is unattainable, and which is 
 most easily achieved when the object of our existence 
 is understood to consist in living for others. The child- 
 less man is in danger of becoming so absorbed in labour 
 which only concerns material support that he regards his 
 wife as a mere housewife. There is still greater danger 
 that the wife, dissatisfied with mere housewifery and 
 unable to take interest in her husband's occupations, 
 should abandon herself to the life of show to which the 
 faithless mirror of society lends brilliancy and colour, 
 while it holds frivolous sentiments in constant and 
 changeful activity, only that it may stifle all the germs 
 of nobler sentiments. 
 
 When we turn from the childless marriage to the 
 unmarried woman, it must be admitted that the inferior 
 development of the female intelligence, for which she is 
 not to blame, has been of great disadvantage to her. 
 Yet we are not disposed to concede that the unmarried 
 woman, when thrown upon her own resources, can with- 
 out reserve be placed on a level with the man who is a 
 bread-winner. The man generally has to provide for 
 the maintenance of a family, while the unmarried woman 
 has only to provide for herself, and on that account the 
 
272 THE PRIMITIVE FA]\IILY. 
 
 struggle for existence becomes more easy. Moreover, the 
 human community takes account of sexes and not of 
 individuals ; modes of life are formed in accordance with 
 general rules, and those only who conform to them come 
 under the protection of the commvinity. The unmarried, 
 whether man or woman, are and must always remain the 
 exception, and they must accept whatever is arranged 
 for them. It would be impossible for their sakes to imperil 
 all which the experience of a thousand years has shown 
 to be the best means of promoting the development of 
 those aspects of human life which are most productive 
 of happiness. The movement for the emancipation of 
 women has not always been mindful of this general law. 
 The individual may justly claim such an education 
 as wUl enable him to be independent of others, if neces- 
 sary, but the demand does not hold good when he 
 forgets this saving clause. The movement has sprung 
 from the moral sentiment that we are bound to make 
 the lot of the unmarried as tolerable as possible, but it 
 has also overstepped the sacred threshold of marriage, 
 and has advocated the married woman's right to her 
 independent earnings. This assumes a legal right to in- 
 dependent property — a rash assumption, which would 
 be fatal to the bond of marriage. If it is thought that 
 independence of character and the elevation of moral 
 worth are only possible in association with material 
 independence, the real factors of the civilized life of man 
 are not duly estimated. Among primitive peoples, the 
 independent ownership of property is the condition of an 
 independent position. The service which a wife renders 
 to her husband might be performed by any other woman, 
 if her personality is not to be taken into account, and 
 she can therefore only rely on the physical forces of 
 possession. But as soon as the wife's personality comes 
 into play, because her capacity to bring up her children 
 depends upon it, the attempt to base her position upon 
 her legal right to independent property again degrades 
 her to the rudely material standpoint. 
 
MARRIAGE AND ITS DEVELOPMENT. 273 
 
 The lower classes are often in a position which is 
 most in favour of the woman's material independence. 
 But those of the upper classes who snatch at means 
 which may perhaps effect a temporary improvement in 
 the condition of the common people, act in a short- 
 sighted way. It would be difficult to place a woman 
 of the lower class in a different position from those of 
 the higher, without checking the advance into higher 
 grades, and creating a fatal distinction of classes. To 
 give women a position which is only in harmony with 
 rude conditions, while it threatens the cultured forms of 
 society with destruction, would be irrational and even 
 criminal. If it is supposed that the legal independence 
 of women with respect to property would remain a dead 
 letter in the cultured classes, we may soon have reason 
 to repent of such an error. Independence with respect 
 to the possession of property must inevitably lead to in- 
 dependence with respect to its ^acquisition, and a woman's 
 life must become the copy, and not the completion of 
 that of man. It must not be forgotten that in the hard 
 struggle for existence to which the woman is now drawn, 
 man has lost the tender refinement of feeling which 
 enables a mother to be the cherisher of childhood. A 
 woman cannot take a man's burden on her shoulders 
 without succumbing to a like fate. 
 
 25 
 
27i THE PKIMITIVK FAMILY. 
 
 CHAPTER VIII. 
 
 THE FAMILY, THE CLAN, AND THE TRIBE. CONCLUSION. 
 
 Social and political meaning of the institution of the family — Patriarchal 
 theory— Distinction between the family and the clan — The family 
 dissolved into the clan — Conclusion. 
 
 We have now ended our inquiries into the origin of the 
 family, and will only maike some brief observations on 
 its bearing and importance with respect to the social and 
 political forms of the State. The family has been shown 
 to be an organization which was formed, not in order to 
 make it easier to earn wealth, but for the better enjoy- 
 ment of the wealth which was already earned; when 
 once founded, it was maintained and carefully developed, 
 because it oflfered external advantages to the man, inas- 
 much as his power was increased as his sdns grew to 
 manhood, and his daughters brought him into profitable 
 relations with other families. It was an organization 
 which was not self-contained, but depended on an 
 external world, through which its internal ramifications 
 were in many ways defined and modified. We have 
 seen that the development of the family was not merely 
 advanced by the relations which existed between its 
 members; it was rather the different family relations 
 of the two parents which paved the way for this develop- 
 ment. There was, therefore, a constitutional weakness 
 in the family, owing to the difiiculty of carrying on an 
 
THE FAMILY, THE CLAN, AND THE TRIBE. 275 
 
 organization which is intended to include wider circles. 
 We have also seen that the family may be enlarged into 
 a family group, but that the structure derived from the 
 family can only maintain its vitality within narrow 
 limits, and that in the course of a few generations it 
 falls again into a group of families. 
 
 The conception of the growth of the political com- 
 munity which until lately has been generally accepted, 
 saw in the family the unit out of which the wider organi- 
 zation sprang. It was said that the State consisted 
 either in an association of families, or in an expansion of 
 one primitive family, and the two conceptions run into 
 one. It was inevitable that the theories criticised above, 
 which ignored the primitive existence of the family, 
 sought to overthrow the so-called patriarchal theory, 
 and to assign another origin to the State. This attempt 
 has been very completely carried out by Morgan, and in 
 many respects in a most able manner. 
 
 He asserts that the clan cannot have had its origin 
 in the family, since the exogamy of the latter must have 
 hindered its incorporation into a clan. The clan was 
 homogeneous and of a permanent character, and as such, 
 it was the natural basis of the social body. The mono- 
 gamous family might assert its individuality and power 
 in the clan, and especially in the community ; but, never- 
 theless, the clan did not and could not admit it to be its 
 elementary basis. The same may be said of the modern 
 family and of the modern political community. While 
 its individual character was established by its right of 
 property, and its legal existence was recognized by the 
 law, the family was in no sense the elementary unit of 
 the State. The State was divided into districts, and 
 these into villages, but these were not concerned with 
 the family. The nation recognized its tribes, and the 
 tribes their clans, but the clan, again, is not concerned 
 with the family.^ Without accepting the erroneous 
 ' Morgan, Anc. Soe., p. 227. 
 
276 THE PEIMITIVE FAJULY. 
 
 theory which Morgan advocates with respect to the 
 family, we think that he is right on this point. The 
 clan does not consist of families, but of individuals. 
 
 We must, however, observe, in opposition to Morgan, 
 that the fact that the clan consists of individuals and not 
 of families is not enough to show that it did not have 
 its origin in the family. For if we assume that the clan 
 was an enlarged family^ there is no reason why it should 
 not retain its character as a confederation of individuals, 
 even in its enlarged form. There is nothing to show 
 that the enlarged family must necessarily consist of 
 separate families. We cannot, therefore, regard it as 
 proved that the family and clan were of distinct origin, 
 and if we ourselves nevertheless reject the patriarchal 
 theories, we do so for other reasons. 
 
 The functions of the family are quite distinct from 
 those of the clan ; and the forms of government in both 
 differ in so many respects that we cannot but regard 
 them as fundamentally distinct. This assertion may be 
 received with surprise, since the strongest support of the 
 patriarchal theory has been sought in the assumption 
 that the origin of the chiefship may be traced from the 
 function of the paterfamilias.^ In this case, however, 
 the indefinite character of primitive ideas has been mis- 
 leading, and also the intermixture of ideas of descent in 
 the conceptions of primitive clans, and in the strong 
 resemblance in the mode of development or power which 
 is involved in the nature of things. We must go back to 
 the beginnings of paternal authority, and of that of the 
 chief, in order to form a clear idea of the matter. 
 
 In some of the later modifications of the tribe, the 
 chief possesses the authority of the father of the family, 
 and in some of the later modifications of the family 
 the paternal authority is degraded to that of a chief; 
 but they were originally distinct, and the primitive 
 
 ■ H. S Maine, Early Law,-p. 239; Ano. Law, p. 136; Early History, 
 p. 117. 
 
THE FAMILY, THE CLAN, AND THE TEIBE. 277 
 
 organization of the clan is derived from that of the tribe, 
 and not of the family. The character both of the primi- 
 tive clan and of the tribe is that of free association for 
 mutual protection. It was guided rather than ruled by 
 the most capable and noblest man ; and it is doubtful 
 •whether the chief was elective, or if he ruled by mere 
 force of character. The clan differed from the tribe, as 
 a part from the whole. The tribe was the unit, with 
 respect to other and hostile tribes, but the elan could 
 only be opposed to other clans. This opposition did not, 
 however, constitute a complete distinction and thorough 
 independence, such as the distinction between the tribes ; 
 it was an opposition maintained within the sphere of 
 relations which they had in common, and which united 
 several clans into one tribe. 
 
 The family, on the other hand, is an altogether inde- 
 pendent formation which flourishes within the tribe or 
 clan. The family is not a group which obeys a leader but 
 a collection of individuals which belong to another man. 
 The father of the family was originally regarded as its 
 owner, and he appealed to the clan, as an association for 
 mutual protection, when his rights as a husband and 
 father were endangered. Since, however, the family con- 
 sisted of living men, it was an association of individuals 
 who might perform the same offices as the clan. And 
 as soon as the family was enlarged into a group, it 
 exceeded its own limits, and approached more nearly 
 to the organization of the clan, in proportion to its 
 endeavour to assume the same functions. When we 
 assert that the clan was not derived from the family, 
 which may rather be said to have been swallowed up in 
 the clan, the advocates of the patriarchal theory may reply 
 that we have just shown how the family passed into the 
 clan. This, however, is an error. The family does not 
 develop into a clan ; the forces which give to it its special 
 character, simply cease to work when the spheres within 
 which they should work become too great, and other 
 
278 THE PEIMITIVB FAMILY. 
 
 forces, quite independent of those which affect the family, 
 in which several individuals make common cause, come 
 into play. No clear conception can be formed of the 
 clan and the family without finding that the difference 
 between the two institutions is expressed in every parti- 
 cular. The clan exists on account of the struggle for 
 existence, the family seeks for the enjoyment of that 
 which they have obtained. 
 
 As means and aims are everywhere confounded with 
 each other, so in this case the struggle for existence, at 
 first only regarded as the means of obtaining enjoyment, 
 actually claims the powers and thoughts of men to such 
 an extent that it appears to be the end in view. Only 
 where the means of multiplying, heightening, and enno- 
 bling such enjoyment are absent or scanty, man seems to 
 live only for the conflict. In other words, in the infancy 
 of human civilization, the clan may limit and interfere 
 with the family on every side. But as soon as the 
 struggle for existence becomes, not less arduous and 
 severe, but more intellectual and according to rule, 
 means and object again find their relative positions. 
 Pleasure no longer consists in the rude and sensual 
 gratification of the animal instinct, but in the moral 
 aspect of a life which is lived with and for others. The 
 best hours of a cultivated man are lived in the sacred 
 place of home, to which he takes with him no thoughts 
 of self-seeking gain. While the clan, which was of much 
 higher importance in primitive life, has long since been 
 destroyed by the organism of the State, the family is 
 always becoming of fairer and more attractive aspect, 
 since it is now exalted above all the motives which lead 
 men to pass beyond its limits. 
 
APPENDIX. 
 
 I. (p. 20). " The divisions were also named, in all clans but one, after 
 the principal locality round which their components were clustered ; 
 and, in that exception, all the divisions but one were named after some 
 man of note " (Fison and Howitt, p. 225). 
 
 II. (p. 21). This statement is not altogether correct. There are 
 tribal names for isolated hordes of natives, which are taken from the 
 districts inhabited by them, or which are perhaps the tribal names of 
 an earlier period, which were transferred to the district. I can, indeed, 
 only ascertain the existence of such names among the blacks of 
 Encounter Bay, but the main conditions are the same in the case of 
 all these tribes. 
 
 III. (p. 21). " The whole body of the natives are divided into two 
 classes — Emiung and Tem. . . . With respect to the divisions and sub- 
 divisions of tribes, there exists so much intricacy, that it will be long 
 before it can be understood. The classes Emiung and Tem are 
 universal near the Sound ; but the distinctions are general, not tribal. 
 Another division, almost as general, is into Moncalon and TorndiiTup ; 
 yet there are a few who are neither. These can scarcely be distin- 
 guished as tribes, and are very much intermingled. The Moncalon, 
 however, is more prevalent to the eastward of our establishment, and 
 the Torndirnip to the westward. They intermarry, and have each 
 again their subdivisional distinctions, some of which are peculiar, and 
 some general ; of these are the Opperheip, Cambien, Mahnur, etc. 
 
 " What I, however, consider more correctly as bibes, are those which 
 have a general name and a general district, although they may consist 
 of Torndirrup or Moncalon, separate or commingled. These are, I 
 believe, in some measure named by the kind of game or food found 
 most abundant in the district. The inhabitants of the Sound and its 
 immediate vicinity are called Meananger, probably derived from mearn, 
 'the red root' . . . and anger, 'to eat,'" etc. (Scott Nind, Journal of 
 Boyal Geographical Society, pp. 37, 42, vol. i., 1832). 
 
280 APPENDIX, 
 
 IV. (p. 22). "A certain mysterious connection exists between a 
 family and its kdbong, so that a member of the family will never kill 
 an animal of the species, to which his kdbong belongs, shodd he find 
 it asleep; indeed he always kills it reluctantly, and never without 
 affording it a chance to escape " (Grey, Journals of Two Expeditions 
 of Discovery in North- West and Western Australia, vol. ii. p. 228). 
 
 V. (p. 23). " Yet it is not exclusively his, but others of his family 
 have certain rights over it; so that it may be considered as partly 
 belonging to the tribe. Thus all of them have a right to break down 
 grass-trees, kill bandicoots, hzards, and other animals, and dig up roots ; 
 but the presence of the owner of the ground is considered necessary 
 when they fire the counti-y for game " {Journal of the Eoyal Geographi- 
 cal Society, 1832). " A man can dispose of or barter his lands toothers " 
 (Nind, vol. i. p. 28). " If the males of a family become extinct the male 
 children of the daughters inherit their grandfather's land " (Eyre, vol. ii. 
 p. 297). Waitz, vol. vi. p. 792. Grey, vol. ii. p. 326. 
 
 VI. (p. 31). " It can be shown with a great degree of probability 
 that the valley of the Columbia was the seedland of the Ganowiinian 
 family, from which issued, in past ages, successive streams of migrat- 
 ing bands, until both divisions of the continent were occupied. ... It 
 seems probable, therefore, that their ancestors possessed the organi- 
 zation into gantes, and that it fell into decay and finally disappeared." 
 (Morgan, Ancient Society, p. 109). 
 
 VII. (p. 31). " Each Indian has his tamanuus, or spirit, which is 
 selected by him at a very early age, and is generally the first object 
 they see in going out to the woods that has animal life. Others create 
 from their imagination one that has never met mortal eyes. The choice 
 of a spirit, however insignificant it may appear, has a great influence 
 on their after-life ; for, by its supposed commands, they are directed to 
 good or evil, as they conceive that a nonconformity to its wishes would 
 involve them in a multitude of evils," etc. (Wilkes, Narrative, vol. v. 
 p. 118). 
 
 Vin. (p. 32). " I have previously had occasion to refer to the 
 fashion among the Indians of carving the faces of animals upon the 
 ends of the large beams which support the roofs of their permanent 
 lodges. In addition, it is very usual to find representations of the 
 same animals painted over the front of the lodge. These crests, which 
 are commonly adopted by all the tribes, consist of the whale, porpoise, 
 eagle, raven, wolf, frog, etc. In connexion with them are some curious 
 and interesting traits of the domestic and social life of the Indians. 
 The relationship between persons of the same crest is considered to 
 be nearer than that of the same tribe ; members of the same tribe 
 may, and do, marry — but those of the same crest are not, I believe, 
 rmder any circumstances allowed to do so. A Whale, therefore, may 
 not marry a Whale, nor a Frog a Frog. The child again always takes 
 the crest of the mother; so that if the mother be a Wolf, all her 
 
APPENDIX. 281 
 
 children will be Wolves. As a rule, also, descent is traced from the 
 mother, not from the father. . . . Whenever or wherever an Indian 
 chooses to exhibit his crest, all individuals hearing the same family- 
 iigure are bound to do honour to it by casting property before it, in 
 quantities proportionate to the rank and wealth of the giver" (R. 0. 
 Mayne, Four Years in British Columbia, p. 257). 
 
 IX. (p. 32). "As for clans, there are many, and there are secret 
 badges. All that can be noticed, as to clans, is, that all those that use 
 the same roots for medicines constitute a clan. These clans are 
 secretly formed. It is through the great medicine-dance, that a man 
 or a woman gets initiated into these clans. Although they all join in 
 one general dance, still the use, properties, etc., of the medicine that each 
 clan uses is kept entirely secret from each other." " The medicine- 
 sack of a deceased Indian is given to the nearest relation ; this is the 
 only mark of identity. This sack is kept for two or three generations 
 sometimes ; but the names of the owners have no affinity to the former 
 family. So all is kept in the memory ; and when that fails, all is gone " 
 (H. B. Schoolcraft, History, Condition, and Prosjaects of the Indian 
 Tribes of the United States, vol. ii. p. 171 ; vol. iii. p. 242). 
 
 X. (p. 33). "Every separate body of Indians is divided into bands 
 or tribes ; which band or tribe forms a little community with the 
 nation to which it belongs. As the nation has some particular symbol 
 by which it is distinguished from others, so each tribe has a badge 
 from which it is denominated, as that of the eagle, the panther, the 
 tiger, the buffalo, etc. One band of the Naudowissies (Sioux) is 
 represented by a snake, another a tortoise, a third a squirrel, a fourth 
 a wolf, and a fifth a buffalo. Throughout every nation they particu- 
 larize themselves in the same manner, and the meanest person among 
 them will remember his lineal descent, and distinguish himself by his 
 respective family " (J. Carver, Travels through Interior Farts of North 
 America, edit. 1796, p. 164). 
 
 XI. (p. 33 ). " The most influential men in a tribe are the medicine- 
 men" (E. C. Mayne, Four Tears in British Columbia, p. 260). He 
 speaks further on of other corporations, " which the whites term ' medi- 
 cine-men ' . . . I may mention that each party has some characteristics 
 peculiar to itself; but, in a more general sense, their divisions are but 
 three — viz. those who eat human bodies, the dog-eaters, and those who 
 have no custom of the kind" {Ibid., p. 286). "I think it is generally 
 supposed that these parties I have described are the doctors of the Red 
 Indians, because their proceedings are called ' medicine work,' and 
 they ' medicine-men ; ' but I find that the medical profession is alto- 
 gether a distinct business, and the doctors a distinct class" {Ibid., p. 289). 
 
 Xn. (p. 34) . "In bygone days, these small tribes contended against 
 each other with great bitterness ; but by the beneficial influence exer- 
 cised over them by the Hudson Bay Company, they have been induced 
 to live together in peace, and intermarriages among the tribes now fre- 
 
282 APPENDIX. 
 
 quently take place ; in which case, it is said, that the husband almost 
 invariably joins the tribe to which his wife belongs, under the idea that 
 among her own family and friends she will be better able to provide 
 for her husband's and children's wants. This also may proceed from 
 the fact of the influence the women possess ; for they always assume 
 much authority in their tribe, and are held in high respect. They 
 have charge of the lodge and the stores, and their consent is necessary 
 for the use of them ; for after coming into their possession, these 
 articles are considered the women's own. . . . Polygamy was and is 
 still practised. Where this is the case, or where many families reside 
 in the same lodge, each family or wife has a separate fire " (C. Wilkes, 
 United States Exploring Expedition, vol. iv. pp. 447, 457. 
 
 XIII. (p. 35). " All that was obtained in hunting belonged of right 
 to the wife's hut, during the first year of marriage. In the ensuing years, 
 the man was compelled to share with his wife, whether she remained 
 in the village or accompanied her husband "(Lafitau, vol. i. p. 579). . . . 
 " As to their (the Seneca-Iroquois') family system when occupying the old 
 long-houses, it is probable that some one clan predominated, the woman 
 taking in husbands, however, from the other clans, and sometimes, for 
 a novelty, some of their sons bringing in their young wives, until they 
 felt brave enough to leave their mothers. Usually, the female portion 
 ruled the house, and were doubtless clannish enough about it. The 
 stores were in common ; but woe to the luckless husband or lover who 
 was too shiftless to do his share of the providing. No matter how 
 many children or whatever goods he might have in the house, he 
 might at any time be ordered to pick up his blanket and badge ; and 
 after such orders it would not be healthful for him to attempt to dis- 
 obey. The house would be too hot for him ; and unless saved by the 
 intercession of some aunt or grandmother, he must retire to his own 
 clan; or, as was often done, go and start a matrimonial alliance in 
 some other." (Comp. Hunter, p. 254.) " The women were the great 
 power among the clans, as eveiywhere else. They did not hesitate, 
 when occasion required, ' to knock off the horns,' as it was technically 
 called, from the head of a chief, and send him back to the ranks of 
 the warriors. The original nomination of the chiefs also always rested 
 with them" (Morgan, Ancient Society, p. 455, App.). "When a youiig 
 man (among the Knisteneaux) marries, he imm.ediately goes to live with 
 the father and mother of his wife, who treat him, nevertheless, as a 
 perfect stranger, till after the birth of his first child ; he then attaches 
 himself more to them than his own parents ; and his wife no longer 
 gives him any other denomination than that of the father of her child " 
 (A. Mackenzie, Voyages from, Montreal, p. xcvii.). 
 
 XIV. (p. 49). " Names among the Mapuchfe were originally given 
 to designate certain traits of character and appearance, or they were 
 derived from particular circumstances, as Eupuelev, ' the winner of two 
 races,' Katri-Lao, 'the red lion; ' but the necessity of distinguishing 
 
APPENDIX 283 
 
 families caused the latter part of the father's name to be transmitted to 
 the children, with some modifications to distinguish individuals. Thus 
 arose such family names as Huens, ' heaven.' Still, though surnames 
 are becoming more fixed with time, national usage makes it optional 
 with parents to transmit their own names to their own children or not ; 
 and frequently in a large family no two will be found whose names 
 bear any relation to each other" (E. E. Smith, The Araucanians, 
 p. 262). 
 
 XV. (p. 49). "The idol commanded the priest to tell them that 
 the chiefs should be divided, each according to his race and family, 
 that the land should be distributed in four, so aiTanged that the house 
 built for the idol's resting-place should be in the middle. . . . When 
 this separation had been effected, the idol ordained that the gods 
 should be divided among them, and that each quarter should mark 
 out other special quarters, in which these gods should be worshipped ; 
 thus each main district included several lesser districts, according to 
 the number of the gods they were ordered to adore, and these were 
 termed Calpultutco, that is, district gods " (Antoine d'Herrera, Hisioire 
 Generate des Voyages ei Ovnquestes, vol. iii. p. 156). 
 
 XVI. (p. 51). " As soon as the change was made (from the female 
 to the male line) the father would take the place held previously by 
 the mother, and he, instead of she, would be regarded as the parent. 
 Hence, on the birth of a child, the father would naturally be very 
 careful what he did, and what he ate, for fear the child should be 
 injured. Thus, I believe, arises the curious custom of the Couvade " 
 (Sir J. Lubbock, The Origin of Civilisation, p. 154). 
 
 XVII. (p. 52). " The child is no sooner bom, washed, and placed in 
 its bed of cotton, than the women go to work as if nothing had happened 
 to them, and the husband begins to complain, as if his wife's sufferings 
 had been transferred to him. He is tended with care ; a bed is pre- 
 pared for him in the upper part of the hut, where he is visited as a sick 
 man, and is dieted in a manner which might cure the luxurious livers 
 in France of gout and other maladies. After he has been thus dieted 
 for forty days, the relations and nearest friends are invited to visit him, 
 and before sitting down to feast they lacerate the poor wretch's skin 
 with the teeth of the agouti, and draw blood from all parts of his body, 
 so that from having fancied himself to be iU, he often becomes so in 
 reality" (Du Tertre, vol. ii. p. 373). Spix and Martius, Furis and 
 Coroados (vol. i. p. 381) ; " After a birth has taken place, man and wife 
 are strictly dieted, and abstain for a given time from the flesh of certain 
 animals ; " Mararihas (vol. iii. p. 1185) : " After the birth, the mother 
 washes the child in warm water, lies in a hammock for three weeks, 
 and may, as well as her husband, only eat gruel of mandioc flour ; " 
 Passes (vol. iii. p. 1186) : " The lying-in woman is kept in the dark for 
 a month after dehvery, and may only eat mandioc ; this is also the case 
 with the husband, who dyes himself black, and remains in the hammock 
 
284 APPENDIX, 
 
 for the same period," Araycus (vol. iii. p. 1190): "The lying-in 
 woman may only eat turtle and fish, not mammals, and the same diet 
 is prescrihed to her husband, until the infant can sit up;" Culinos 
 (vol. iii. p. 1189) : "While the lying-in woman is dieted, the husband 
 eats absolutely nothing for the first five days ; " Cuuixanas (vol. iii. p. 
 1217): "They, like many other tribes, fast during the time that 
 the wives are in childbed ; " Mundrucus (vol. iii. p. 1339) : " Lilse 
 the Caribs and the ancient Tupis, the Mundrucu men are accustomed 
 to spend several weeks in the hammock after the birth of a child, 
 and to be nursed by its mother, and to receive neighbourly visits ; 
 the child is ascribed to the father only, and the mother's part is 
 compared ta that of the soil which receives the seed." Venegas, in 
 speaking of the Califomians, says (vol. i. p. 82) : " He in the meantime 
 lay in his cave, or stretched at full length under a tree, affecting to be 
 extremely weak and ill ; and this farce continued for three or four days." 
 Charlevoix says of the Guaranis (vol. i. p. 295) : " As soon as a woman 
 is brought to bed, her husband fasts rigorously for a fortnight, and 
 does not hunt or associate with other men. These Indians are 
 convinced that the child's life depends on the faithful conformity with 
 this usage." Dobrizhoffer says of the Abipones (vol. ii. p. 275) : " They 
 comply with this custom with the greater care and readiness because 
 they believe that the father's rest and abstinence have an extraordinary 
 effect on the well-being of new-born infants, and is, indeed, absolutely 
 necessary for them. . . . For they are quite convinced that any 
 unseemly act on the father's part would injuriously affect the child, 
 on account of the sympathetic tie which naturally subsists between 
 them, so that in the event of the child's death, the women all blame 
 the self-indulgence of the father, and find fault with this or that act." 
 
 XVIII. (p. 56). " A chief of more than ordinary ability arises and, 
 subduing all his less powerful neighbours, foimds a kingdom, which he 
 governs more or less wisely till he dies. His successor not having the 
 talents of the conqueror cannot retain the dominion, and some of the 
 abler under-chiefs set up for themselves, and, in a few years, the remem- 
 brance only of the Empire remains. This, which may be considered 
 as the normal state of African society, gives rise to frequent and deso- 
 lating wars " (D. Livingstone, Narratioe of an Expedition to the 
 Zambesi, p. 199). 
 
 XIX. (p. 57). " The different Bechuana tribes are named after cer- 
 tain animals, showing probably that in former times they were addicted 
 to animal-worship, like the ancient Egyptians. The term Bakatla 
 means ' they of the monkey : ' Bakuena, ' they of the alligator ; ' Bat- 
 Mpi, ' they of the fish ; ' each tribe having a superstitious dread of the 
 animal after which it is called. They also use the word ' bina,' to 
 dance, in reference to the custom of thus naming themselves, so that, 
 when you wish to ascertain what tribe they belong to, you say, ' What 
 do you dance? ' It would seem as if that had been a part of the wor- 
 
APPENDIX. 285 
 
 ship of old. A tribe never eats the animal which is its namesake, using 
 the term ' ila,' hate or dread, in reference to killing it " (D. Livingstone, 
 Missionary Travels and Researches in South Africa, p. 13). 
 
 XX. (p. 65). " To this his sister — who was also his principal wife — 
 objected, being prompted by the instinct of self-preservation. ... So, 
 gathering together a strong party, she attempted to surprise and kill 
 him in his hut at night. Rumours of these intentions having reached 
 him, he escaped with a mere handful of men, and his sister proclaimed 
 a brother the ruler in his stead " (V. L. Cameron, Across Africa, vol. 
 ii. p. 149). 
 
 XXI. (p. 66). " When a young (Banyai) man takes a liking to a girl 
 of another village, and the parents have no objection to the match, he is 
 obliged to sit with his knees in a bent position, as putting out his feet 
 towards the old lady would give her great offence. If he becomes 
 tired of living in this state of vassalage, and wishes to return to his own 
 family, he is obliged to leave all his children behind — they belong to the 
 wife. This is only a more stringent enforcement of the law of ' buying 
 wives ' (of allowing) an entire transference of her and her seed into 
 another family. If nothing is given, the family from which she has 
 come can claim the children as part of itself ; the payment is made to 
 sever this bond. From the temptations placed here before my men, I 
 have no doubt that some prefer to have their daughters married in that 
 way, as it leads to the. increase of their own village " (D. Livingstone, 
 Missionary Travels and Researches in South Africa, p. 622). 
 
 XXII. (p. 79). " The men are so gallant as to have made over all 
 property to the women, who in return are most industrious, weaving, 
 spinning, brewing, planting, sowing, in a word, doing all work not 
 above their strength. When a woman dies the family property goes to 
 her daughters, and when a man marries he lives with his wife's mother, 
 obeying her and his wife " (Hodgson, Journal of the Asiatic Society of 
 Bengal, vol. xviii. p. 707). 
 
 XXIII. (p. 81). " The worst feature in the manners of the people . . . 
 is the laxity of their marriages ; indeed, divorce is so frequent that their 
 unions can hardly be honoured with the name of marriage. The hus- 
 band does not take his bride to his own home, but enters her house- 
 hold, or visits it occasionally ; he seems merely entertained to continue 
 the family to which his wife belongs " (H.Yule, Journal of the Asiatic 
 Society of Bengal, vol. xiii. p. 624). 
 
 XXIV. (p. 86). "Among the Limboos (India), a tribe near Dar- 
 jeeling, the boys become the property of the father on his paying the 
 mother a small sum of money, when the child is named and enters his 
 father's tribe : girls remain with the mother, and belong to her tribe " 
 (Sir J. Lubbock, The Origin qf Givilisation, p. 149). 
 
 XXV. (p. 86). " When it has previously been agreed on, the bride 
 is carried home. The poverty of the bridegroom, however, often 
 renders it necessary for him to remain with his wife's father for some 
 
 26 
 
286 APPENDIX. 
 
 time, to whom he becomes as a slave, until by his work he has redeemed 
 this bride. . . . Children born out of wecUook, and the produce of 
 Limboos and Lepchas, are called ' Koosaba.' Boys become the pro- 
 perty of the father on his paying the mother a small sum of money, 
 when the child is named and enters his father's tribe ; girls remain with 
 the mother, and belong to her tribe" (A. Campbell, Journal of Asiatic 
 Society of Bengal, vol. ix. p. 603). 
 
 XXVI. (p. 91). "When rule is strictly followed, the successor 
 of a deceased king is his next brother ; failing whom, his own eldest son, 
 or the eldest son of his eldest brother, fills his place. But the rank of 
 mothers and other circumstances often cause a deviation from the rule. 
 I am acquainted with several cases in which the elder brother has 
 yielded lus right to the younger, with a reservation as to power and 
 tribute, becoming a man second only to the king " (T. Williams and 
 J. Calvert, Fiji and the Fijians, 1870, p. 18). 
 
 XXVII. (p. 91). " Rank is hereditary, descending through the 
 female ; an arrangement which arises from the great number of wives 
 allowed to a leading chief, among whom is found the widest difference 
 of grade" {Ibid.,v- 26). 
 
 XXVIU. (p. 92). "Vasus cannot be considered apart from the 
 civil polity of the group, forming as they do one of its integral parts, 
 and supplying the high-pressure power of Fijian despotism. In grasp- 
 ing at dominant influence the chiefs have created a power which, ever 
 and anon, turns round and gripes them with no gentle hand. ... It is 
 not, however, in his private capacity, but as acting vmder the direction 
 of the king, that the Vasu's agency tends greatly to modify the political 
 machinery of Fiji, inasmuch as the sovereign employs the Vasu's 
 influence, and shares much of the property thereby acquired. Great 
 Vasus are also Vasus to great places, and, when they visit these at 
 their superior's command, they have a numerous retinue and increased 
 authority. A pubhc reception and great feasts are given them by the 
 inhabitants of the place which they visit ; and they return home laden 
 with property, most of which, as tribute, is handed over to the king " 
 (^Ibid., p. 28). 
 
 XXIX. (p. 98). "Where the common stock (of land) is limited, it 
 is necessary to make rules for its enjoyment ; but where all can have as 
 much as they want, no one would take the trouble to make rules, and 
 no one would submit to them if made " (J. D. Mayne, Treatise on 
 Hindu Law and Usage, p. 198). 
 
 XXX. (p. 103). " On the principle of participation already stated, 
 any bandhu who offers a cake to his maternal ancestors will be the 
 sapinda, not only of those ancestors, but of all other persons whose duty 
 it was to offer cakes to the same ancestors. But the maternal ancestors 
 of A may be the paternal or maternal ancestors of B; and in this 
 manner A will be the bandhu, or bhinna-gotra sapinda of B, both being 
 under an obligation to offer to the same persons " (_lbid., p. 478). 
 
APPENDIX. 287 
 
 XXXI. (p. 129). " As among other gregarious animals, the unions 
 of the sexes were probably, in the earliest times, loose, transitory, and 
 in some degree promiscuous. . . . The men of a group must either 
 have quarrelled about their women and separated, splitting the horde 
 into hostile sections ; or, in the spirit of indifference, indulged in savage 
 promiscuity. That quaiTels and divisions were of frequent occun-ence 
 cannot be doubted. These were the first wars for women, and they 
 went to form the habits which established exogamy. And whether 
 quarrels arose or not, we are led to contemplate groups indulging in a 
 promiscuity more or less general. The quarrels must have been 
 between sections of the hordes rather than between individuals. No 
 individual at that stage could well carry off a woman, isolate himself, 
 and found a family " (J. F. McLennan, Studies in Ancient History, 
 pp. 131-134). 
 
 XXXIL (p. 131). "The earliest human groups can have had no idea 
 of kinship. We do not mean to say that there ever was a time when 
 men were not bound together by a feeUng of kindred. The filial and 
 fraternal affections may be instinctive. They are obviously independent 
 of any theory of kinship, its origin, or consequences ; they are distinct 
 from the perception of the unity of blood upon which kinship depends ; 
 and they may have existed long before kinship became an object of 
 thought. . . . Previously individuals had been affiliated not to persons, but 
 to some group. The new idea of blood-relationship would more readily 
 demonstrate the group to be composed of kindred than it would evolve 
 a special system of blood-ties between certain of the individuals in the 
 group. The members of a group would now have become brethren. 
 . . . Once a man has perceived the fact of consanguinity in the simplest 
 case, namely, that he has his mother's blood in his veins, he may quickly 
 see that he is of the same blood with her other children. ... If 
 the paternity of a child were usually as indisputable as the maternity, 
 we might expect to find kinship through males acknowledged soon after 
 kiaship through females " (ifiid., pp. 121-124). 
 
 XXXIII. (p. 131). "Heterogeneity as a statical force can only have 
 come into play when a system of kinship led the hordes to look on the 
 children of their foreign women as belonging to the stocks of their 
 mothers ; that is, when the sentiments which grew up with the system of 
 kinship became so strong as to overmaster the old filiation to the group 
 (and its stock) of the children bom within it " {Ibid., p. 184). 
 
 XXXIV. (p. 146). "What is to be done, that the name of the aged 
 or dead man be not put out on earth nor his lot placed in jeopardy 
 beyond the grave? Now aU ancient opinion, religious or legal, is 
 strongly influenced by analogies, and the child born through the Niyoga 
 is very like a real son. Like a real son, he is bom of the wife or the 
 widow ; and, though he has not in him the blood of the husband, he 
 has in him the blood of the husband's race. The blood of the indi- 
 vidual cannot be continued, but the blood of the household flows on. 
 
288 APPENDIX. 
 
 It seems to me very natural for an ancient authority on customary law 
 to hold that under such circumstances the family was properly con- 
 tinued " (Sir H. S. Maine, Early Custom and Law, p. 107). 
 
 XXXV. (p. 154). " Sekeletu, according to the system of the Be- 
 chuanas, became possessor of his father's wives, and adopted two of 
 them ; the children by these women are, however, in these cases, 
 termed brothers. When an elder brother dies, the same thing occurs 
 in respect of his wives ; the brother next in age takes them, as among 
 the Jews, and the children that may be bom of those women he calls 
 his brothers also. He thus raises up seed to his departed relative " 
 (D. Livingstone, Missionary Travels in South Africa, p. 185). 
 
 XXXVI. (p. 180). " AU the tribes possessing the Turanian system 
 describe their kindred by the same formula, when asked in what 
 manner one person was related to another. A descriptive system pre- 
 cisely like the Aryan always existed both with the Turanian and the 
 Malayan, not as a system of consanguinity, for they had a permanent 
 system, but as a means of tracing relationships " (L. H. Morgan, Ancient 
 Society, p. 484). 
 
 XXXVII. (p. 251). " Because the moon was called measurer, or 
 even carpenter, it does not follow that the earliest framers of lan- 
 guages, saw no difference between a moon and a man. Primitive men, 
 no doubt, had their own ideas, very different from our own ; but do not 
 let us suppose for one moment that they were idiots, and that, because 
 they saw some similarity between their own acts and the acts of rivers, 
 mountains, the moon, the sun, and the sky, and because they called 
 them by names expressive of those acts, they therefore saw no dif- 
 ference between a man, called a measurer, and the moon, called a 
 measurer, between a real mother, and a river called the mother " (Max 
 Miiller, Origin of Religion, p. 193). " Our problem is not, how language 
 came to personify, but how it succeeded in dispersonifying " {Ibid., p. 
 194). "We see how what is called the irrational element in mythology 
 isd ue to a misunderstanding of ancient names, and how, so far from real 
 events being turned into myths, myths have there, too, been turned into 
 accounts of real events " (Max Miiller, Introduction to the Science of 
 Religion, p. 280). 
 
APPENDIX. 
 
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LIST OF THE WORKS TO WHICH 
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 1859-Sl. 
 Adair, J, The History of the American Indians. London, 1775. 
 Alberti, C. L. Die Kaffern auf der Siidkilste von Afiika. Gotha, 1815. 
 Amira, K. v. Erbenfolge und Verwandtsohaftsgliedeiung nach den 
 
 altniederdeutsehen Eechten. Muncheu, 1874. 
 Andersson, G. Lake Ngami. 2ad ed. Loudon, 1856. 
 Arcliiv fur Anthropologie. 
 
 Asiatic Researches, or, Transactions of the Society instituted in Bengal. 
 Azara, F. de. Voyages dans TAme'rique Meridionale, 1781-1801, publ. 
 
 par C. A. Walkenaer. 4 vols. Paris, 1809. 
 
 Bachofen. J. J. Das Mutterrecht. Stuttgart, 1861. 
 
 Antiquarlsche Briefe. Vols. 1, 2. Strassburg, 1880-86. 
 
 Baegert, J. Account of the Aboriginal Inhabitants of the CaliFornian 
 
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 Bagehot, W. Der Ursprung der Nationeu. (Intevuat. wissenschaftl. 
 
 Bibliothek, 4 vols.) Leipzig, 1874. 
 Baiter, S. White. Albert Nyauza, the Great Basin of the Nile, and 
 
 Explorations of the Nile Sources. 2 vols. London, 18ti6 
 Barth, M. Eeisea und Entdeckungen in Nord- und Central-Afrika. 6 
 
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 Bartram, J. Observations on the Inhabitants made in his Travels from 
 
 Pensilvania lo Onondago, etc. London, 1751. 
 Bartrams, J. Eeisen durch Nord- und Siid-Carolina, Georgia und Ost- 
 
 Florida. Aus d. Engl, von Zimmermann. Berlin, 1793. 
 Bastholm, C. Historiske Efterretuinger til Kundskab om Mennesket i deta 
 
 vilde og raa Tilstand. 4 vols. Kjobenhavn, 1803. 
 Bastian, A. Die Volker des ostlichen Asien. 6 vols. Leipzig und Jena, 
 
 1866-71. 
 
302 LIST OF AUTHOES. 
 
 Bastian, A. Ein Besuch in San-Salvador, der Haupistadt des Konigreichs 
 
 Congo. Ein Beitrag zur Mythologie und PsyoholOgie. Bremen, 1859. 
 
 Die heilige Sage der Polynesier. Leipzig, 1881. 
 
 Bickmore, A. 8. Travels in the East Indian Archipelago. London, 1868. 
 
 Bodemtedt, F. Die Volker des Kaukasua. Frankfurt a. M., 1848. 
 
 Bolin, V. Familjen. Studier. Helsingfors, 1864. 
 
 Bonwick, J. Daily Life and Origin of the Tasmanians. London, 1870. 
 
 Bosnian, G. Voyage de Guin€e. Utrecht, 1705. 
 
 Brelt, W. H. The Indian Tribes of Guinea, their Condition and Habits. 
 
 London, 1868. 
 Brown. Die Eingeborenen Australiena. Petermann's Mittheilungeu, 
 
 1856. 
 Brown, W. New Zealand and its Aborigines. London, 1845. 
 Brnce, J. v. Kinnaird. Eeise zur Entdeckung der Quellen dea Nils. 
 
 1768-73. Uebers. von Volkmann, mit Vorr. u. Anm. von Fr. 
 
 Blumenbaoh. 5 vols. Leipzig, 1790-31. 
 Buchanan, F. A Journey from Madras through the Countries of Mysore, 
 
 Canara, and Malabar. 3 vols. 1807. 
 Buller, J. Forty Years in New Zealand. London, 1878, 
 Bulletin de la Soeiete' de Geographic. 
 Burchell, W. J. Travels in the Interior of Southern Africa. 2 toIs. 
 
 London, 1822. 
 Burkhardt, J. L. Notes on the Bedouins and Wahabys. 2 vols. London, 
 
 1831. 
 Burnes, A. Travels into Bokhara. 3 vols. London, 1834. 
 Burton, Sir JJ. F. Personal Narrative of a Pjlgrimage to El-Medineh 
 
 and Meccah. 3 vols. Loudon, 1856. 
 First Footsteps in East Africa ; or, An Exploration of Harar. 
 
 London, 1855. 
 
 Zanzibar, City, Island, and Coast. 2 Tola. London, 1872. 
 
 Butler, J. Travels and Adventures in the Province of Assam. London, 
 
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308 LIST OF AUTHOES. 
 
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310 LIST OF AUTHOES. 
 
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INDEX. 
 
 Abipones, 259 
 
 Abram, 158 
 
 Accra, 68 
 
 Aehasius, 114 
 
 Africa, 53-76 
 
 Agnation, 18, 59 
 
 AhahneUn, 1S7 
 
 Alberti, 238 
 
 Aleuts, 137 
 
 Amazon tribes, 224 
 
 Amazons, 250 
 
 Ambelanak, 78 
 
 America, 29-52 
 
 Analytical metliod, 1 
 
 Ancestors, worship of, 97, 101 
 
 Angekoks, 123 
 
 Apliiodite, 253 
 
 Araucanians, 46 
 
 Arowaks, 37 
 
 Aryans, 94-120, 167 
 
 Ashango, 68 
 
 Asia, 77-87 
 
 Australia, 20-28, 225, 227, 240 
 
 Bachofen, 64. 80, 95, 115, 151, 172, 
 
 229, 242-244, 254 
 Badakschan, 259 
 Bagos, 260 
 
 Bakalai, 68 
 
 Bandhus, 103, 148 
 
 Bantus, 55 
 
 Bari, 62 
 
 Becliuanas, 57, 72, 98, 99, 154, 233 
 
 Beona, 78 
 
 Bellerophon, 216 
 
 Beni-Arairs, 67, 238 
 
 Bihe, 63 
 
 Bina, 57 
 
 Binna-golra, 143, 14G 
 
 Bint-amm, 434 
 
 Blood -fend, 43 
 
 kinship, 182 
 
 Bohemia, 111 
 Bola-banda, 70 
 Bongo, 62 
 Bosman, 69 
 Brabrolung, 21 
 Brahmans, 136 
 Brazilians, 41, 332 
 Britons, 138 
 Buutar, 85 
 Burkhardt, 166 
 Buslimans, 74 
 
 Ca:sar, 138 
 Caillie, 69, 239 
 Campbell, 86 
 Canarese, 200 
 Cariba, 37, 46, 239 
 
312 
 
 INDEX. 
 
 Carver, 32 
 
 Cattle, movable property, 75 
 Ceylon, 79, 81 
 Chamlsso, 90 
 Chiefs, hereditary, 46, 57 
 Child-murder, 129 
 Cliinese, 157, 201 
 Chippewayans, 224 
 Civilization, African, 74 
 Clan, 12, 20, 33, 276 
 Classification of sons, 145 
 Columbians, 34, 233 
 Comparative method, 1 
 Cook, 259 
 Couvade, 51, 52 
 Crows, 187 
 Cunningham, 134 
 
 D 
 
 Damaras, 63, 66 
 
 Dargun, 103-106, 110-113, 138 
 
 Darwin, 131,255 
 
 Deega, 78 
 
 Degi'adation theory, 6 
 
 Degrees of kinship, 11. Vide Tables 
 
 Delaware tribe, 31 
 
 Demeter, 256 
 
 Denmark, 107, 111 
 
 Descent, female line, 18, 25, 37, 39, 
 74 
 
 , male line, 26 
 
 , one-sided, 26 
 
 Dignities, succession to, 73 
 
 Distinction between man and ani- 
 mals, 8 
 
 Divorces, 25. 45, 89 
 
 Djudur, 78, 264 
 
 Dos. 109, 114 
 
 Draupadi, 109 
 
 Du Chailhi, 67-71, 161 
 
 D^aks, 239 
 
 Egypt, 65 
 
 Endogamy, 209, 233, 241 
 Eng;els, 180 
 Eruiuug, 21 
 
 Eskimos, 123, 137, 232 
 Evolution, 5 
 
 Exogamy, 44, 209-240, 241 
 Eyre, 25, 27 
 
 P 
 
 Family, 11, 12, 118, 27G 
 
 communism, 139 
 
 group, 12 
 
 Fatherhood, considerations of, 122 
 Female line. Vide Descent 
 Fetish worship, 68 
 Fiji, 91, 92, 190, 192, 239 
 Fisher, 80 
 Fison, 6, 225 
 Franks, 111, 112 
 Freeman, 1 
 
 G 
 
 Ganowayan, 177, 185, 186, 191, 192, 
 
 206 
 Gaicilasso, 50 
 Gavelkind, 163 
 Gerade, 109 
 Germans, 104 
 Gewate, 109 
 Gezin, 77 
 Gili, 40 
 
 Giraud-Teulon, 64, 65, 124, 131, 180 
 Gotra, 96 
 Grey, 23, 27 
 Group, 48, 54 
 
 , joint family, 95 97 
 
 Guilman, 47 
 Guinea, 55, 68 
 
 Handfasting, 260 
 Hawaii, 176, 224, 249 
 Haxthauseu, 155 
 Heergewate, 109 
 Herrera, 259 
 Hesiod, 252 
 Hetairism, 245 
 
INDEX. 
 
 313 
 
 Hindu communities, 100 
 
 inheritance, 161 
 
 levirate, 142 
 
 niyoga, 142 
 
 nomenclature, 201 
 
 Hordes, 20, 129 
 Hottentots, 74, 251 
 Howitt, 20 
 Hui-Arii, 89 
 Humboldt, 41 
 Hungary, 111 
 
 latali, 156 
 Incest, 44, 210, 211 
 Independence of women, 2G9 
 Inheritance by brothers, 161 
 
 of property. 165 
 
 of wives, 165 
 
 Jakutan, 239 
 
 Jason, 246 
 
 Jewish levirate, 141, 150 
 
 Jobates, 247 
 
 Jus primaa noctis, 124-126 
 
 Kafirs, 259 
 
 Kaikee, 1S3 
 
 Kaiku, 183 
 
 Karens, 189, 199, 224, 235, 236 
 
 Kasias, 79 
 
 Kilauca, 249 
 
 Kimbnnda, 60, 66 
 
 King's Mill, 90, 250 
 
 Kinship, 16 
 
 , definition of, 1 8 
 
 , ideas of, 11, 131 
 
 , tables of, 145, 289-299 
 
 , terms of, 181 
 
 Knisteneaux, 121 
 Kuoehs, 79 
 Knox, 79, 81 
 
 KookaB,237 
 Kotla, 58 
 Kunawarecs, 134 
 Kupuna, 183 
 Kurnai, 23 
 
 Laras, 77 
 Le Vaillant, 59 
 Lepchas, 86 
 Levirate, 141-lGO 
 Liburni, 126 
 Limboos, 85, 86 
 Livingstone, 57, 154 
 Loango, 67, 68 
 Locri, 116 
 Louchieux. 187 
 
 Lubboolc, 31, 51, 85, 131, 172, 207, 
 212, 217, 221-224, 237 
 
 M 
 
 Maciejowski, 11 1 
 
 Mackenzie, 121, 154 
 
 McLennan, 84, 95, 101, 102, 128- 
 133, 135, 140, 144-155, 161-171, 
 180-189, 207, 212, 213, 221-223 
 
 Macuanis, 97 
 
 Macusis, 38, 232 
 
 Magician, 67 
 
 Magyar, 60 
 
 Maine, 94-96,99, 101, 143-147, 163, 
 255 
 
 Makua, 183 
 
 kana, 185 
 
 waheena, 186 
 
 Malabar, 82, 136,284 
 
 Malay, 77 
 
 nomenclature, 175 
 
 Manu, 101, 142, 168 
 
 Markuha, 264 
 
 Marean, 259 
 
 Marianas, 82, 127, 227 
 
 Marriage, earliest form of, 81 
 
 , licentious, 73, 80, 84 
 
 , stipulations, 45 
 
 Marsden, 231 
 
 Maitius, 43, 44, 46 
 
314 
 
 INDEX. 
 
 Massagetes, 245 
 
 Mataboulas, 89 
 
 Mata-Yafa, 65 
 
 Majne, 98, 143-145, 168 
 
 MboundoTi, 70 
 
 Melanesia, 88 
 
 Menangkabowe, 77, 82, 248 
 
 Mexico, 49,-259 
 
 Mielziner, 150 
 
 Michaelis, 150 
 
 Miomacs, 187, 103 
 
 Minnitarees, 187 
 
 Mishmayan, 239 
 
 Moncalou, 21 
 
 Mongolian, 239 
 
 Monogamy, 281 
 
 Moopuna, 183 
 
 Mooioroft, 134 
 
 Morgan, 30, 32-35, 172-181, 198- 
 
 203 
 Morotocos, 45 
 Mount Siaai, 259 
 Mundinm, 109, 114 
 Mundrucus, 232 
 MunseeB, 187 
 Mythical tradition, 243 
 Myths, 249 
 
 N 
 
 Nairs, 82-85, 129, 133, 136, 161, 
 
 183, 229 
 Negroes, 55 
 New Zealand, 90 
 Nind, 21 
 Niyoga, 141-158 
 Nomenclatures, 171, 208 
 
 , classifying form, 144 
 
 — ^ — , descriptive form, 173 
 
 , Giinowayan, 177, 185, 186 
 
 , Hawaiian, 176 
 
 , Malayan, 175, 183 
 
 . Thibetan, 183 
 
 , Turanian, 177, 185, 186 
 
 Orestes myth, 
 Orinoco, 40 
 
 115 
 
 Ossetes, 155, 267 
 Otaheite, 89 
 
 Patagonians, 46 
 Patria potestas, 1 04, 141 
 Patriarchal theory, 95 
 Payuagas, 45 
 Peguenches, 48 
 Pele, 249 
 Perpati, 218 
 Peru, 49 
 Peschel, 182 
 Philology, 10 
 Poland, 1 11 
 
 Polyandry, 128-140, 264 
 Polygamy, 261, 264 
 Poseidon, 247, 253 
 Post, 189 
 Primitive community, 4 
 
 connections, 258 
 
 state, 7 
 
 Primogeniture, 163 
 Promiscuous intercourse, 19, 255 
 Punalua family, 176, 178, 184 
 Punkas, 196 
 
 R 
 
 Bajputana, 100 
 
 Ea'pe, symbol of, 129, 212 
 
 Eejangs, 231 
 
 Ecjpus, 113 
 
 Sachems, 36 
 Salic law, 110,112 
 Samanodocas, 96, 102, 146 
 Samojedes, 218 
 Sandwich Isles, 89 
 Sapinda, 96, 102, 146 
 Satar-zan, 154 
 Savage life, 257 
 Saxony, 109 
 Schaver, 227 
 Schmidt, 124 
 
INDEX. 
 
 315 
 
 Sehomburgk, 51 
 
 Semaudo, 78, 264 
 
 Seneca, 188 
 
 Sexunl impulse, 242. 267 
 
 Shilluk, 62 
 
 Shinar, 137 
 
 Sioux, 33 
 
 Sippe, 109 
 
 Slave-lake tribe, 187 
 
 Slavs, 111 
 
 Smith, 47 
 
 Soba, 61 
 
 Sovan-erombe, 61 
 
 Soveta, 6Q 
 
 Spencer, 31, 131, 136, 151-153, 16G, 
 
 213, 216-220 
 Spokane, 187 
 Sti-abo, 137, 233 
 Sukus, 77 
 Sumatra, 80, 264 
 
 Tables of kinship, 145, 283-299 
 
 Tabu, 287 
 
 Tacitus, 112, 115 
 
 Tamanuus, 75 
 
 Tamapua, 219 
 
 Tamil, 189, 192, 200 
 
 Tanistry, 163 
 
 TaltooiEg, 42, 62 
 
 Tatungolung, 21 
 
 Telegii, 200 
 
 Thibet, 133, 183 
 
 Todas, 138, 161 
 
 Tonga, 89 
 
 Tongarese, 195, 197 
 
 TorndiiTup, 21 
 
 Totemism, 22, 29, 32, 45 
 
 Tribal land, 47 
 
 Tribe, 23, S9 
 
 Troglodytes, 247 
 
 Tsui-goub, 251 
 
 Turanian, 177, 185, 186, 189, 195 
 
 Tuscarora, 193 
 
 Two-Mountains, 193 
 
 Tylor, 31, 236 
 
 U 
 
 Unger, 158 
 
 Vasu, 91, 92 
 Veddahs, 224 
 Village, xVfricaii, 60 
 
 W 
 
 Waitz, 39, 156 
 Warua village, 62 
 ■Westphalia, 109 
 Wilkes, 31, 156 
 Woman, position of, 64 
 
 Yogan-zan, 153 
 Yule, 80 
 
 Zealand code, 107 
 
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