t>mimammmmmm*ti*itm mnaaMMWaiHKaBKWMaMM ■i,nil,i; 4 fmmwt> dyiJLwJLwMAwBJL.1 4 1 T iT if a A I X Mill iiiiL mtmm ■EM* IBiNfi 00031908124 BOOK CARD Please keep this^ card in book pocket Ui El THE LIBRARY OF THE UNIVERSITY OF NORTH CAROLINA ENDOWED BY THE DIALECTIC AND PHILANTHROPIC SOQETIES GRU50 .H3 V.2 This book is due at the LOUIS R. WILSON LIBRARY on the last date stamped under "Date Due." If not on hold it may be renewed by bringing it to the library. DATE DIE RET. @7^ DATE DUE RET. Digitized by the Internet Archive in 2011 with funding from University of North Carolina at Chapel Hill http://www.archive.org/details/primitivepaterni02hart PRIMITIVE PATERNITY VOLUME II %\xt Jfclfe-^ou (Socktg FOR COLLECTING AND PRINTING RELICS OF POPULAR ANTIQUITIES, &c. ESTABLISHED IN THE YEAR MDCCCLXXVIII. Alter et Idem PUBLICATIONS OF THE FOLK-LORE SOCIETY [LXVIL] [1910] PRIMITIVE PATERNITY THE MYTH OF SUPERNATURAL BIRTH IN RELATION TO THE HISTORY OF THE FAMILY BY EDWIN SIDNEY HARTLAND F.S.A AUTHOR OF "THE LEGEND OF PERSEUS," ETC. Gp4,5D M^ 7 .£^' M3 V . .rf,--' VOLUME II LONDON : DAVID NUTT AT THE SIGN OF THE PHCENIX 57-59 LONG ACRE 1910 Printed by Ballantyne &' Co. Limited Tavistock Street, Covent Garden, London CONTENTS CHAPTER V RISE OF FATHERRIGHT The stages through which conjugal relations have passed are not uniform but dependent on environment and other influences. The stages to be reviewed therefore are not necessarily consecutive. Frailty of the conjugal bond. The entertainment of temporary husbands at the wife's home. Relations beginning with secret visits by the lover tend to become open and permanent. Cupid and Psyche. Secret relations between husband and wife. Open visits by husband. Polygamous visiting husbands. Marriages in which the husband goes to reside permanently with his wife. Commutation of the husband's permanent residence in his wife's family. Husband's probation as a relic of an earlier custom of visiting. Effect of payment of bride-price. Husband's permanent residence in his wife's family : its tendency to patrilineal reckoning. Evolution of fatherright among various peoples of the Old and New Worlds. Summary: general course of the evolution of conjugal relations, and reasons for the inevitable decay and supersession of motherright. The reckoning of kinship through the father is not founded on blood, but is a social convention. Pp. i-ioo CHAPTER VI MARITAL JEALOUSY Continence not a savage virtue. Female chastity a slow growth from the limitations imposed by the masculine sense of ownership upon the gratification of sexual instincts. In the lower culture jealousy operates only feebly or within limits. Examination of cases among matrilineal peoples. Survival of matrilineal freedom into fatherright. Peoples in a state of transition or where kinship is CONTENTS reckoned through both parents : Eskimo. Patrilineal peoples. Polyandry: the Todas and other peoples of India and the neigh- bouring countries. Sexual morality. Rehgious and other ritual observances. Wide distribution of practices implying defective jealousy. General indifference to the actual paternity of a child. Value of children. Fatherright fosters indifference to paternity. Pp. 101-248 CHAPTER VII PHYSIOLOGICAL IGNORANCE ON THE SUBJECT OF CONCEPTION. CONCLUSION The foregoing considerations lead to the conclusion that paternity was not understood by early man, and even yet the cause of birth is more or less of a mystery to some peoples in the lower culture. Reasons for this ignorance: among others the disproportion of births to acts of sexual union. Every woman in the lower stages of culture is accustomed to intercourse. Premature intercourse very widespread. It is not only unproductive, but it impairs fertility. Even where the true cause of birth has been discovered it has been nowhere held invariable and indispensable. In Australia and a few other countries it is still unrecognised. Summary of the argument. Pp. 249-286 Bibliographical Appendix Pp. 287-309 Index Pp. 311-328 CHAPTER V RISE OF FATHERRIGHT The stages through which conjugal relations have passed are not uniform but dependent on environment and other influences. The stages to be reviewed therefore are not necessarily consecutive. Frailty of the conjugal bond. The entertainment of temporary husbands at the wife's home. Relations beginning with secret visits by the lover tend to become open and permanent. Cupid and Psyche. Secret relations between husband and wife. Open visits by husband. Polygamous visiting husbands. Marriages in which the husband goes to reside per- manently with his wife. Commutation of the husband's permanent residence in his wife's family. Husband's probation as a relic of an earlier custom of visiting. Effect of payment of bride-price. Husband's permanent residence in his wife's family : its tendency to patrilineal reckoning. Evolution of fatherright among various peoples of the Old and New Worlds. Summary : general course of the evolution of conjugal relations, and reasons for the inevitable decay and supersession of motherright. The reckoning of kinship through the father is not founded on blood, but is a social convention. Our creneral consideration of the social organisation implied by motherright has disclosed that the children are not recognised as belonging to the kin of the father, that their position in the community into which they are born does not depend upon him, consequently that he has little control over them and takes little 2 PRIMITIVE PATERNITY interest in them, that the authority over them is vested in the head of the mother's kin at large or (where the true family has begun to emerge) in the head of the mother's family — usually the eldest male, her brother or uncle, — and finally that the chasm between the father and husband on the one side and the wife and her kin on the other is so wide that he is liable to them in the blood-feud, in which even his children join against him and inflict the extreme reprisal of death or receive a share of the compensation paid in its place. As the rights and position of the father are gradually strenp:thened inroads are made on this social orsfani- sation, so that all its characteristics are now seldom found in full force even where descent is still reckoned in the maternal line. The customs adduced from various parts of the world are however sufficient to show what was originally involved in the organisation. An exhaustive examination of the social condition of peoples in the lower culture, had that been possible within the limits of this essay, would have exhibited it still more clearly without diverging it is believed in any essential respect from the lines thus laid down. We next proceed to examine some of the stages by which fatherright has become dominant over a large portion of the earth. The way for this inquiry has been prepared by a consideration of the cause formerly and sometimes even yet alleged for the reckoning of descent through the mother only, namely, the greater certainty. I have proved that this is not the cause. It is in fact a crude attempt by persons accustomed to a very different social condition to solve the unexpected and in their view wholly exceptional problem of motherright. So far from being exceptional, mother- RISE OF FATHERRIGHT 3 right however is probably the earliest mode of reckoning kin by descent. It may be said without fear of contradic- tion that while no case is known where matrilineal reckoning betrays evidence of having been preceded by paternal descent, the converse has been observed in every part of the world. Cases may exist of tribes reckoning descent through the father in which no trace remains of reckoning;- throug-h the mother. The mere existence of such cases is wholly insufficient to disprove a prior stage of motherright, or even to shift the burden of proof. We may admit that where the man takes a wife from among her own kin and brings her to reside with his, the local community which results is in effect a patrilineal kin, if the children continue with the parents. This custom, where it has obtained, has doubtless been one of the causes contributing to the rise of fatherright. But it is by no means universal ; that it is primitive has never been shown ; and it is usually found qualified with customs and institutions logically inconsistent with fatherright. Nor is it sufficient of itself to displace the reckoning of kinship through the mother. In fact, it is found so frequently combined with matrilineal reckoning that even anthropologists who reject the prior claims of paternal descent have often assumed it to be the original form of society and have been greatly embarrassed thereby in their attempts to account for motherright. A brief consideration of some of the stag-es throuo^h which the relations of the sexes have passed will, it is hoped, throw light on the derivation of patrilineal reckoning. Our inquiry will be limited to those more or less permanent relations recognised by law or custom and entailing rights and duties, however feeble 4 PRIMITIVE PATERNITY and limited, upon the parties entering into them. The stages we shall review are not necessarily successive, still less immediately consecutive. Anthropological knowledge does not warrant our laying down any uniform succession of stages through which conjugal relations must have passed. On the contrary the varying environment of humanity has dictated different modes of life according to the kind of food, its plenti- fulness and the dangers and difficulties attending its collection, the enemies human and non-human to be subdued or at all events avoided, and the general conditions of climate, soil, land and water. Each of these different modes of life has necessitated the adaptation of conjugal relations, not merely for the satisfaction of physical impulses, but for the gratifica- tion of the desire for human companionship and for the preservation of the species. Moreover, these modes of life once formed are not unchano-eable. o They are modified from time to time by the degree of material civilisation attained, by contact with sur- rounding peoples and by other influences ; and the modifications have entailed further adaptation of the relations between the sexes. Among most nations in the lower culture the severance of the matrimonial bond is no difficult matter — at all events on the side of the man, and frequently also on that of the woman. The will of the individual parties to the bond is often the only factor in the case. Where this is not so, where the birth of children strengthens the connection of husband and wife, or where the kindred on either side claim an interest in its continuance, even there separation is usually a mere matter of negotiation and arrangement. In RISE OF FATHERRIGHT 5 comparatively few cases is anything like judicial inter- ference invoked, such as we are accustomed to associate with the term Divorce. The Semitic nations are notorious for the frailty of the conjugal relation, though probably they have not been laxer than many others. Their ancient civilisations and ancient barbarism alike have preserved evidence which goes to show in the words of a recent writer " that the primitive Semitic marriage-tie was an evanescent bond."^ The legislation in the book of Deuteronomy and that of the Arabian prophet were framed under patriarchal influence. Consequently they witness and perpetuate the power of the husband to put away his wife on the smallest pretext, or without any pretext at all, but they have not taken equal care of the wife's rights. Enough, however, remains in old Arab literature and modern customs, and even in the pages of the Old Testament itself, to render it probable that originally these rights were correlative to those of the husband. The late Professor Robertson Smith collected a number of instances proving that the primitive Arabs were matrilineal, and that a husband was little if any- thing more than a temporary lover who could be dismissed, or could depart, at pleasure. We may cite two of these instances. " Ibn Batuta in the fourteenth century of our era found that the women of Zebid were perfectly ready to marry strangers. The husband might depart when he pleased, but his wife in that case could never be induced to follow him. She bade him a friendly adieu and took upon herself the whole charge of any child of the marriage." He goes on to ^ Barton, 45. 6 PRIMITIVE PATERNITY quote from another author : "The women in the Jahiliya, or some of them, had the right to dismiss their husbands, and the form of dismissal was this. If they lived in a tent they turned it round, so that if the door faced east it now faced west, and when the man saw this he knew that he was dismissed and did not enter.'' "The tent, therefore," he comments, "belonged to the woman, the husband was received in her tent and at her good pleasure." And he points out that this agrees with the account given by Ammianus Mar- cellinus of Saracen marriages. " According to Ammianus, marriage is a temporary contract for which the wife receives a price. After the fixed term she can depart if she so chooses, and ' to give the union an appearance of marriage the wife offers her spouse a spear and a tent by way of dowry.' " Here it is probable, as Robertson Smith supposes, that what is meant is that the husband occupies the wife's tent and is liable to serve in war with her people, so long as he remains with her. At the end of the term, whether he depart or she dismiss him, he leaves behind the spear and tent, just as the Roman dos returned to the wife upon divorce.^ This kind of union for a term is said to have been recognised by Mohammed, though it is irregular by Moslem law. It was apparently intended to give security to the husband, who usually made a gift to the wife as the price of consent. It was a purely personal contract between him and her, without any intervention by the kin on either side ; and it seems to have grown out of an earlier stage in which the woman, dwelling amid her own people, received and dismissed her lovers at pleasure. Even to-day a ^ Robertson Smith, Kinship^ 64 sqq. RISE OF FATHERRIGHT 7 Shiite sectary going on pilgrimage to Mecca frequently contracts one of these temporary marriages either for a certain number of days or for the duration of the visit. At the end of the lime all relations between him and his temporary wife cease, both parties re- suming their liberty. A child born of such a connection is regarded as a blessing for his family ; "he will be venerated as a saint, for he has been begotten in the land of the Imams." ' Sometimes the husband, instead of residing with the wife during the marriage, is a mere visitor who comes and goes from time to time. Passages cited by Robertson Smith from Arab literature appear to show that this arrangement also was not very uncommon amono- the Arabs. The marriao-e of Samson at Timnah, which had such tragic consequences for his wife and her father, is also an example. It was obviously not intended that she should follow him, but that she should remain with her own kindred and he should visit her there. When he goes away in a rage, having cause to complain of her treachery, she comforts herself with another man, perhaps under the im- pression that he has deserted her for good, but in any case in the exercise of a woman's rights in that stage of nuptial evolution. The husband's visits in a marriage of the kind I am referring to are sometimes open, sometimes secret. In either case they are well under- stood ; and the secrecy, when they are secret, becomes more and more nominal. In some cases it continues until the birth of a child, or for a definite period. Where a lasting tie is formed the relation tends to become open and avowed, and the husband is found ^ Anthropos, ii. 418; iii. 186. 8 PRIMITIVE PATERNITY as a permanent, privileged guest. Ultimately, among some peoples he succeeds to the headship of the house- hold ; more often he is allowed to remove his wife and children to his own dwelling. Before proceeding to illustrate this process it may- be observed that the story of Cupid and Psyche is founded on the custom by which a husband visits his wife only in secret and by night. Breach of the taboo results in separation and a series of adventures ending in the open and permanent union of the lovers. Variants of the story are found all over the eastern continent and are not unknown on the western. I do not propose to examine them now. I only wish to refer to them in o-eneral terms as evidence of the wide extension of the custom of secret relations between husband and wife. For though tales may travel very far from their place of origin, they are unlikely to obtain any great popularity — still less to root them- selves in the form of sagas, as many of these stories have done, among widely sundered peoples — unless they are in some measure consonant with custom and therefore capable of being understood in their essential details. I have already mentioned the matrimonial arrange- ments of the Nayars of South Malabar, Among other examples in the Indian Empire may be cited the Syntengs of the Jaintia Hills in Assam. The Synteng husband visits his wife at her mother's house. " In Jowai," says Major Gurdon, "some people admitted to me that the husband came to his mother-in-law's house only after dark, and that he did not eat, smoke, or even partake of betel-nut there, the idea being that because none of his earnings go to support this house, RISE OF FATHERRIGHT 9 therefore it Is not etiquette for him to partake of food or other refreshment there. If a Synteng house is visited, it is unusual to find the husbands of any of the married daughters there, although the sons of the family may be seen in the house when they have returned from work." Elsewhere the same writer says that both among the Syntengs and their neigh- bours the Khasis, whose marital relations we shall consider directly, there is " no gainsaying the fact that the husband, at least in theory, is a stranger in his wife's home, and it is certain that he can take no part in the rites and ceremonies of his wife's family, and that his ashes after death can find no place within the wife's family tomb, except in certain cases among the Syntengs." The exception is thus stated : "Amongst the Syntengs occasionally a widow is allowed to keep her husband's bones after his death, on condition that she does not remarry ; the idea being that as long as the bones remain in the widow's keeping the spirit of her husband is still with her. On this account many wives who revere their husband's memories, and who do not contemplate remarriage, purposely keep the bones for a long time. If a widow marries, even after the customary taboo period of one year, whilst her husband's bones are still in her keeping, she is generally looked down upon. Her children in such a case perform the ceremony of handing over the bones of their father to his clan in a building specially erected for the purpose. The widow cannot enter therein, or even go near it, whilst the ceremony is proceeding, no matter whether xhQj'ing sang, or the price for removing the taboo after the husband's death, has been paid lo PRIMITIVE PATERNITY to the husband's clan or not." It is plain that the retention by the widow of her husband's bones is quite exceptional ; and unless she be an old woman it is probably of a very short duration. The husband is usually buried with his own clan, and his wife with hers. With the Khasis however the marriage-bond is, externally at least, of a stronger character. Among them the husband not merel}'' visits, he goes to live with his wife in her mother's house. All the wife's earnings go to her mother, who expends them for the maintenance of the family. " After one or two children are born, and if a married couple get on well together, the husband frequently removes his wife and family to a house of his own ; and from the time the wife leaves her mother's house she and her husband pool their earnings, which are expended for the support of the family." ^ If we compare the customs of the Syntengs and Khasis with those of the Menangkabau Malays of the Padang Highlands of Sumatra mentioned in the last chapter, it will be clear that we have here an example of the evolution of conjugal relations as a first stage in the evolution of kinship. Like the Syntengs and the Khasis the Menangkabau Malays reckon descent through the mother. The sukti, or clan, is continued only through her ; and marriage within the clan is forbidden. As Wilken says, "a necessary consequence of this is that the woman at marriaofe remains in the settlement occupied by her own clan. In fact she never forsakes the house in which she was born and has grown up. But the husband on his side also remains with his own clan in its settlement ; no more ^ Gurdon, 76, 82. RISE OF FATHERRIGHT ii than his wife does he forsake his birthplace. Marriage thus results in no dwelling together of the married pair. Married life reveals itself merely in the form of visits which the husband pays to his wife. He comes, that is to say, by day, helps her in her work in the rice- fields and takes his midday meal with her. This at least is the way it begins. Later the visits are more seldom paid by clay ; the man comes privately in the evening to his wife's house, and stays there if he be a faithful husband until the foUowinor morningf." This is parallel to the case of the Syntenp^ husband ; but it is instructive to find that the kindred populations lower down the Indragiri valley, who have come more into contact with the outside world have more and more modified these strictly matrilineal customs. Thus amono- the inhabitants of Tioa Loeroeno- thouQfh the organisation of the 37^^21 is preserved, the husband almost universally goes to live with his wife. He either enters her house or builds a separate dwelling for her and himself in the settlement of her S24^u. This is the first step towards fatherright. As yet, however, the father has little authority over his children, who still look to their mother's brother. They inherit a part of any property their father may leave at his death, in common with his sister's children, and are liable for half his debts. In case of separation between husband and wife the children follow the mother. Still lower down the valley the ties of motherright are further loosened. Exogamy is not insisted on. When a marriage takes place between members of the different sukiis the question where the married pair are to reside depends on the relative strength numbers and consideration of their respective 12 PRIMITIVE PATERNITY sukus. If the husband's be the stronger he builds the home in the kampong, or settlement, of his suku and takes his bride thither. The children then belongf to the suku in which they are born and brought up, and the mother's brothers have no rights over them. Yet in case of separation the mother takes the children back with her and they lose all rights in their father's suku} In Formosa, according to old Dutch accounts, the " laws of wedlock were most curious, a married man not residing permanently with his wife until he was fifty years old, and it was a great disgrace should a woman give birth to a child before her thirty-seventh year." The more recent and exact information of a Japanese official who has made a study of the natives and is said to be the foremost authority upon them may perhaps explain these peculiarities. According to this gentleman the Tsalisen about Mount Kurayao in the hiorh central ranoe of the island effect their marriages thus. " The consent of the parents on both sides must be obtained, and the preliminary arrangements must be placed in the care of a middle- man. After matters have been definitely arranged a month is allowed to intervene, and on an appointed day the suitor visits tlie house of his intended and a simple ceremony sanctions the right of the couple to come together. The woman remains at the home of her mother until a child is born, when she removes to the house of her husband, and the marriage is then 1 Wilken, Verwantschap, 678 ; Bijdragen, xxxix. 43. The Sakais of the banks of the Mandau and Rokan Kiri in Sumatra have an organisation and customs similar to those of Tiga Loeroeng {Zeits. vergl. Recktsw. xxi. 322). RISE OF FATHERRIGHT 13 considered to have been effected. Should she be without issue, however, her suitor ceases to call, and all familiarity between the couple comes to an end. Both parties are now free to seek a mate elsewhere." Among the Paiwans of the hilly plains of the south " the young brave goes to the house of his beloved with fuel and water, which he places before the door. If the damsel puts them to the use for which they are intended, it signifies her acceptance. The young hus- band then takes up his residence among his wife's family for a few years, performing such duties as by custom falls to the men. He then removes his wife to his own house and holds there a festival to celebrate the event. The various relatives attend and offer presents of wine and betel-nuts." Among the Puyumas of the south-east, " if a woman favours the attention of a certain suitor and marriaQfe is decided upon, the man transfers himself to the house and family of the wife. The obtaining of a husband is thus chiefly under the control of the woman and her family. It is the wife's family that is responsible for the young husband. The latter's family have renounced all further claim to him. As a son he partakes of what the house offers, but possesses no authority over the family, nor is the house or property his, until the death of his wife's parents, when as the husband of the sole owner he comes into certain rights which custom grants him." The Amis are neighbours of the Puyumas. Like them they have come under Chinese influence. But it has not sufficed to induce them to abandon their ancient marriage customs, which are similar to those of the Puyumas.^ Thus 1 Davidson, 15, 573, 575, 577, 579. 14 PRIMITIVE PATERNITY while in the other cases the sojourn of the husband in his wife's home is of a temporary character, leading to the removal of his wife and children to his own home, with the Puyumas and Amis he enters the wife's family permanently and eventually becomes its head. In Japan it would seem that descent was originally matrilineal. The wife remained with her own rela- tives and the husband had only the right of visiting her by night. The word for marriage signified to slip by night into the house. It was only in the fourteenth century of our era that the husband's residence became the centre of family life and marriage became a regular dwelling together by the married pair. Even now when a man marries an only daughter he goes to live at her house and the children take her family name. There is moreover another type of marriage in which a man who has daughters but no son adopts a stranger and gives him one of his daughters in marriao^e. Children born of this union are considered as heirs of their maternal grandfather, and their father has a far from enviable position in the family.^ An interesting relic of marriage in which the hus- band visited his wife only in secret is found among the 1 VAnnee Soc. viii. 422, citing Kojiro Twasaky, Das Japanische Erbrechi ; 410, citing F. Tsugaru, Die Lehre von der Jap. Adoption. See also Ibid. v. 343, citing T. Fukuda, Die gesellsch. und wirtsch. Entwickelimg in Japan. " En effet, quand Thomme ne pouvait acheter sa femme ou la capturer, il n'avait pas le droit de 1' emmener chez lui ; il ne pouvait avoir de commerce avec elle que dans la maison de ses beaux-parents et les enfants, issus d'une telle union, appartenaient a la famille de la mere." If Morgan's information be correct the husband not merely of the only daughter, but of the eldest daughter goes to her father's house to reside and takes her family name (Morgan, Syst. Consang. 428). RISE OF FATHERRIGHT 15 wandering Tipperah, or as they call themselves Mrung, of Bengal. When a match is " made with the consent of the parents the young man has to serve three years in his father-in-law's house before he obtains his wife or is formally married. During the period of probation his sweetheart is to all intents and purposes awife to him. On the wedding night, however, the bridegroom has to sleep with his wife surreptitiously, entering the house by stealth and leaving it before dawn. He then absents himself for four days, during which time he makes a round of visits among all his friends. On the fourth day he is escorted back with great ceremony, and has to give another feast to his cortege y^ The Yakuts at present reckon descent through tlie father ; but there are indications in language in tra- dition and in existing customs of a more archaic stage. Among such indications is the rule that a bride is not given to her husband immediately after the marriage, even though the bride-price which is always exacted may have been paid. She is retained at home either under pretence of getting ready her outfit or of her youth and inexperience, formerly for four or five years, but now for somewhat less. Meanwhile the bride- groom visits her from time to time, bringing in his hand a substantial present to her parents. If the bride-price have been paid he is sometimes admitted to reside with her in her parents' home.^ The Yakuts are polygamous ; and a man who is obliged to make frequent journeys has a wife in every place.* The custom of the Aleutian islanders is to marry a girl from another village. After marriage the bride 1 Risley, Tribes, ii. 325, 2 j ^^ /, xxxi. 84, 80, 83. ' Potter, 138, quoting de Lesseps. Cf. J. A. I. xxxi. 94, i6 PRIMITIVE PATERNITY remains in her father's house for a certain time or until the birth of a child. The bridegroom is at liberty to visit her and to stay for days at a time, but not to remove her to his own village until the expiration of the customary period unless a child be born meanwhile.^ Among some of the Turcomans a married daughter is retained for a year in her parents' house. Mean- while the husband can have only stolen interviews with her ; and if caught he is required to give her parents a considerable present. These proceedings continue until the birth of the first child.^ In the Sinaitic peninsula it is usual to capture the bride by force. The bridegroom flings his mantle (called aba) over her, saying, " No one shall cover thee but I," and forthwith carries her off to his own tent. But among the Mezeyne tribe the flinging of the aba is the signal for her escape to the mountains, whither her bride- groom at once pursues her. She allows herself of course to be caught, and they spend the night together in the open air. With the dawn she flees again, this time back to her home. There she abides and meets her husband only by night until conception has taken place, when at last she enters her husband's tent.^ In the Caucasus a Cherkess, though he has taken his wife to live with him, dare not show himself in public with her. For six or eight weeks he visits her in secret, entering it is said by the window. It is at any time a gross breach of propriety to speak to him ^ F. A. Golder, Journ. Am. F. L. xx. 134, translating Veniaminov. 2 Post, Studien, 242, citing Vambery ; McLennan, Studies, i. 186, citing Fraser. 2 Lobel, 42 ; McLennan, op. cit. 181, citing Burckhardt. A later stage in the evolution of this ceremony is described by Jaussen, 53 note. RISE OF FATHERRIGHT 17 of her as his wife, or to inquire after her health.^ Among the Ossetes the bride is taken to her husband's abode, but he himself goes to live at his foster-father's or in the house of a friend. Thence he visits her secretly and by night. At the end of a year or even longer she is allowed to pay a visit to her parents, whom she has not seen since her marriage. It is only after she returns with gifts from them to her husband's relatives that she is publicly recognised as his wife. But no man dare caress his own children in the presence of other people : he would become such an object of contempt that nobody would give him his hand, and any one might without being liable to punishment spit in his face.^ The Chevsurs, who are strict exogamists, on the other hand leave the wife for a year at least in her own family. The relations between her and her husband are not recognised. They are so far secret that husband and wife do not speak to one another nor even look at each other in the presence of strangers, until at all events the first child is born. The Chechen . bridegroom has a right to visit his bride between the betrothal and the wedding ; but he must keep out of the way of her parents. Both among the Chechens and the Ingush he must always avoid his mother-in- law : her glance is of evil omen. Among the Trans- caucasian Tartars the bridegroom ordinarily visits the ^ Lobel, 70 ; Darinsky, Zeits. vergl. Rechstw. xiv. iS8 \ Potter, 135 note, citing Wake; Kovalevsky, UAnthrop. iv. 268. ■^ Rev, Hist. Rel. xlii, 459, citing Borisievitch ; Darinsky, luc. cit. The Ossetes who are now in the stage of fatherright with strongly developed patriarchal institutions, preserve another relic of an earlier stage in the custom of a married woman to return during pregnancy to her parents' house and there to be delivered {Globus, Ixxxviii. 24). II B i8 PRIMITIVE PATERNITY bride by night. And he is most soHcitous to keep these interviews from the knowledge of other people. For the youth of the village and among them the brothers and kinsmen of the bride lie in wait for him and beat him without pity as he comes away from the house. Customs such as these are in fact found amonof almost all the tribes of the Caucasus.^ There are substantial reasons, one of which has been mentioned in the last chapter, for believing that in prehistoric Greece kinship was counted only through the mother. According to Plutarch (whose testi- mony is important though we may reject the cause he assigns) the relations between husband and wife in Sparta were at first secret ; the husband's visits were nocturnal only, and were conducted with precautions against discovery by the rest of the family. Nor was this secrecy of short duration. Sometimes it lasted for years and children had been born before husband and wife had an interview by daylight.^ A similar cause to that alleged by Plutarch is still given by the Albanian population of Turkey for the same custom. "A romantic reserve," we are told, "surrounds the interviews between the young couple, who, especially if the husband be one of a numerous family and have no private apartments, can only meet in secret until they have children of their own. The mountaineers cherish this custom which, they contend, by surrounding with a halo of romance and mystery the relations of the young couple tends to keep their love for each other fresh and warm."^ In both cases doubtless the cause assigned is a subsequent invention to account for a 1 Kovalevsky, VAnthrop. iv. 272 ; Darinsky, op. cit. 188 sqq.^ 204. 2 Plut. Lycurgus. ^ Garnett, Wont, ii. 257. RISE OF FATHERRIGHT 19 custom no longer understood. The story told by Pausanias about Ulysses' marriage points to a custom in Lacedaemon of the husband's ooino- to reside with his wife's family. After Icarius (it runs) had given Penelope in marriage to the hero, " he tried to induce his son-in-law to take up his abode in Lacedaemon. Failing in the attempt he next besought his daughter to stay behind. And when she was setting out for Ithaca he followed the chariot, entreating her. Ulysses stood it for a time ; but at last he told Penelope either to follow him freely, or if she liked her father better to go back to Lacedaemon. They say that she answered nothing, but simply drew down her veil in reply to the question. So Icarius, seeing that she wished to depart with Ulysses let her go, and set up an image of modesty " at the point of the road where she let down her veil.^ In the island of Kythnos to-day, though the marriage is public and solemnised with rejoicings, the bride does not leave her parental home ; the bride- groom comes to live with her there. On her parents' death the eldest daughter succeeds to the house ; and if a girl have not the prospect of this succession another house must be provided by herself or her family, otherwise she cannot obtain a husband.^ Among- the ancient Cantabrians the dauohters succeeded their parents though, Strabo tells us, they were required to provide wives for their brothers, by which is doubtless meant that they provided the funds to enable them to obtain wives, who were probably not brought home.^ What was perhaps a relic of this rule ^ Pausanias, iii. 20 (10), Frazer's translation. ^ Hauttecoeur, Kythnos, 17. ^ Strabo, iii. 4, 18. 20 PRIMITIVE PATERNITY existed until recent times among the Basques. The eldest child whether son or daughter inherited. When the eldest child was a daughter her husband came to live at his wife's house with her parents. There he played a very limited part in the family ; the real power was hers. The eldest son was not allowed to marry an heiress, nor the eldest daughter an heir/ As we have seen in a previous chapter, a Transylvanian Gypsy enters his wife's clan, but his complete union with it is not recognised until she has borne him a child.^ Previous to that time his relation is obviously provisional and probably in earlier times was not recognised.^ The custom by which the wife continues to live at her own home and there receives the visits, open or ^ V Annie Soc. iii. 379 ; Simcox, i. 212, 461. Cf. the Japanese custom, supra, p. 14. There is reason to suspect that a somewhat similar custom prevailed among the ancient Egyptians. On succession and on the position of women in general among the Basques, see A. R. Whiteway, Eng. Hist. Rev. xv. 625 sqq. 2 Potter, 116, citing von Wlislocki. I have not von Wlislocki's work before me and cannot judge of the exact force of the word translated clan; but it is unimportant for our present purpose. 2 Secret cohabitation does not appear in all of these modern examples : but it may be observed that in the north of Europe the nocturnal visits of an accepted lover are or were until quite recent years an ordinary part of the courtship. They are reported from Sweden, Germany, Switzerland, Holland, Scotland, the Lake District of England, and from Wales. Although the interviews take place upon or even in the lady's bed the pair are supposed to be dressed and to confine themselves to innocent endearments. It is only natural that the hypothesis imperfectly corresponds to the facts. Little harm is thought of whatever may take place if marriage follow in due course. So usual is the practice referred to that there are special verbs in the languages of all the countries named to describe it. See Potter, 133 sqq.; Liebrecht, 379; Lloyd, 346. Cf. the North American and other practices, infra, pp. 31, 66, 85, 89, 90. I RISE OF FATHERRIGHT 21 secret, of her husband is found among many natives of Africa, and there as elsewhere it is often the pre- Hminary of a more permanent cohabitation. Among the Bari of the Upper Nile the bride remains for the first few weeks of the marriage in her father's house and there receives her husband's visits/ The Mohammedan profession of the Beni Amer of Abyssinia is not unalloyed with many of their earlier customs. The wife is indeed taken to the husband's dwelling. But she has the right to return at any time to her mother's house, where she stays for months at a time, letting her husband know that he may visit her if he cares for her. She may on the other hand put an end to the marriage altogether at her own good pleasure by simply returning home ; the husband of course has a similar right to leave her. The most usual form of marriage is by payment of a bride-price, which is not retained by the bride's father but becomes a common provision for the married pair, and of an additional gift to her relatives. Further, the bridegroom makes a present to her after the consummation of the marriage. Virginity is prized in a bride and is secured by an operation performed at a tender age. After the birth of the first child the operation is repeated, and requires a fresh present before it can be undone. A woman as a rule cares little for her husband and is always ready for an act of infidelity, especially where there is a prospect of gain. She tyrannises over him, many a time not stop- ping short of ruining and then leaving him. But she prizes her brother above everything." The people of Sarae, somewhat further to the south, ^ Post, Afr.Jiir. i. 395, citing Brun-Rollet. 2 Munzinger, 324, 3x9, 320, 326. 22 I^RIMITIVE PATERNITY are nominally Christians. Among them also the women hold a position of much consideration. Betrothal is procured by payment and is entered into very early. At marriage the bride's father must give the young couple five times the value of the sum received by him at betrothal. The bridegroom how- ever is supposed to pay him a small bride-price. The actual payment is commonly postponed, and separation renders the claim void. The wife, in addition to the natural hold on her own family, has a special defender and sureties to protect her from her husband. In her earlier married life too she is accustomed to spend a great part of the year in her father's house, and her husband visits her there.^ Among the Wakamba the customary bride-price is paid either in one sum or by poorer people in instal- ments. Until it is all paid up the bridegroom cannot enter publicly into possession of the bride. She remains in the meantime in her father's custody, where he is at liberty to visit her. Any children already born are transferred to him by the public celebration of the marriage.^ So the Mosuto bridegroom after payment of the first instalment or earnest of the bride-price is entitled to conjugal intercourse with the bride in her parents' house. This continues until he fetches her home ; but any children born before the bride-price is paid up, belongs to her father or his heirs.^ The Basuto, albeit in the stage of fatherright, preserve many relics of matrilineal institutions, to which these are to be reckoned. On the island of Fernando Po ^ Munzinger, 3S7. J. M. Hildebrandt, Zeits.f, Ethnol. x. 401. Id. vi. 39. RISE OF FATHERRIGHT 23 the first wife (for the people are polygynists) is obtained by two years' service. During this period the girl remains in a hut concealed as much as possible from public gaze. Though courtship goes on, conjugal intimacy is not permitted until the two years have expired. The girl as bride is still further detained in the hut until unequivocal symptoms of motherhood appear, or failing them for eighteen months. At last she makes her appearance in public as wife, surrounded by a troop of singing and dancing maidens, and a feast is held.^ For a polygamous people reckoning kinship through the mother it is almost a matter of course, where the political conditions permit, that a man who can afford it should have wives in different places with whom he lives by turns. Among the Babwende in the neighbourhood of Stanley Pool on the Congo, the wife remains at her own town among her kinsfolk ; the husband sojourns with her for awhile and then goes on to another, returning from time to time as he feels inclined. The missionary who records the custom at- tributes it to the peculiarly excitable character of the tribe, which renders it dangerous for a woman to live where she has not the protection of her relatives.^ The custom is found however among; other tribes of West Africa. Miss Kingsley records it as a charac- teristic of the native trader, and ascribes it to the necessity of an alliance in every village he is accus- tomed to visit. "I know myself," she says, "one gentleman whose wives stretch over three hundred miles of country, with a good wife base in a coast town as well. This system of judiciously conducted alliances ^ Allen and Thomson, ii. 203. ^ Bentley, ii. 44. 24 PRIMITIVE PATERNITY gives the black trader a security nothing else can, because naturally he marries into influential families at each village, and all his wife's relations on the mother's side regard him as one of themselves and look after him and his interests."^ Such reasons may help to strengthen and perpetuate a form of marriage which would otherwise tend to be submerg^ed beneath the husband's desire for exclusive possession ; but it must have originated independently in the practice of mother- right. Among the Wayao and Mang'anja of the Shire Highlands, south of Lake Nyassa, a man on marrying leaves his own village and goes to live at his wife's, though as an alternative he now sometimes pays a bride-price and takes the bride away. If, as frequently happens, he has more than one wife, he spends his time with each of them in turn at her own village. If all the children of any of his wives die he may leave her altogether.^ We have already found an example of this kind of marriage among the Yakuts, and we shall find others elsewhere. Among the Bassa Komo of Nigeria visits are paid on both sides. Marriage is usually effected by an exchange of sisters or other female relatives. *' Husband and wife do not live in the same house ; but all the men live in one part of the village and the women in another. The wife visits the husband or vice versa. The women look after all the children, but when four years old the boys go to work and live with their fathers." The woman's consent is necessary to the marriage, and she is supposed to be faithful to her husband ; but he may ^ Kingsley, Trav. 315. 2 Duff Macdonald, i. 136, 140, 146; Werner, 132, 133; Rattray, 116, 202. RISE OF FATHERRIGHT 25 marry as many wives as he has sisters or female relatives undisposed of. The tribe practising this curious form of conjugal arrangement appears to reckon kinship through the father.^ The Bororo of Central Brazil obtain their livelihood chiefly by hunting ; they reckon their lineage through the mother, and are still in the stage of savagery. According to von den Steinen the men (except the heads of households) live together in a common house. After marriage the husband continues to dwell there by day when he is not on a hunting expedition : he visits his wife at her parents' home only by night, where the young couple are allowed a hearth to them- selves. This mode of life goes on until the death of the wife's parents, when the husband becomes the head of the household and takes up his permanent abode there.^ A more recent traveller gives additional details and a somewhat different account. He tells us that the proposal of marriage always comes from the woman. After acceptance the man waits for several days, because he is ashamed to be seen enter- ing his bride's house. Occasionally her father fetches him late at night that he may not be hurt by the gibes and mockery of the men in the bahito (common house.) "After marriage the man stays in the house of the bride until he has a family of his own, when he builds a house for himself."^ These two accounts are not irreconcilable. The sense of shame spoken of in 1 Jonrn. Afr. Soc. viii. 15, 17. ^ Von den Steinen, 501. 3 J. A. I. xxxvi. 390. The Abipones required payment of a bride-price ; but the husband lived with his wife's parent:; until after the birth of a child, or at all events for some time, when he was allowed to take her to a separate hut (Dobrizhoffer, ii. 208). 26 PRIMITIVE PATERNITY the latter account (which is said to be accentuated when neither husband nor wife has had sexual inter- course before) points to secret intercourse as the ordinary mode of marriage. This inference is con- firmed by von den Steinen's statement that the con- sent of parents is not required. They neither give nor receive anything for the marriage, which is evidently regarded as a matter concerning only the contracting parties themselves. If the parents object, strife ensues and the matter may have to be decided by force. Residence in a separate dwelling after children have made their appearance may be dependent on circumstances. Where for instance there are more daughters than one in a family it is obvious that the husbands of all of them cannot ultimately succeed to the headship of the household, and in such a case separate dwellings would be necessary. An interesting counterpart to the practice of the Bororo is found amonor the Bontoc lo-orot inhabitinor o o o the central part of Northern Luzon in the Philippines. There not the men but the unmarried girls of each village live in a large building called the oldg. Sexual intimacy is a preliminary to marriage, which rarely takes place prior to pregnancy. Infant betrothal is practised ; but it is subject to the confirmation of the parties when they grow up, and family quarrels on the subject are said to be common. When a young couple wish to marry, if the parents consent, the girl continues to sleep in the oldg and the youth spends most of his nights with her ; but they take their meals with the girl's parents, and the youth gives his labour to the family. This is the visiting stage. It continues for some months, until either she becomes pregnant or he RISE OF FATHERRIGHT 27 transfers his affections to another girl. When preg- nancy occurs the girl's father builds or gives her a house, and the marriage ceremony takes place imme- diately on occupation of the dwelling. The preliminary union is therefore a trial union, the object being to ascertain whether the marriaore will be fruitful, Durino- this period it is to be observed that though the girl, as not yet married, continues to sleep in the old^- both she and her lover are in fact part of her parents' household ; and when the period comes to an end it is the girl's father who provides them with a home.^ The Igorot now recognise kinship through both father and mother. The Molucca islands afford examples of almost all grades of conjugal relation. In the Luang-Sermata group the husband enters his wife's family ; and if he wed a girl in another village he is practically lost to his kin. A man may have as many as five wives, each of whom of course lives apart from the others, besides less regular connections. In such cases he must be a mere visitor at his wives' homes.^ Like- wise in the Babar Archipelago the husband follows the wife and dwells in her house ; and the children belong to the wife's family. Contrary to the practice in the Luang-Sermata group a bride-price is paid, but it seems only to carry the right to cohabitation, not to removal. When rich enough a man may marry as many as seven wives, each of whom continues to live in her maternal home. On the other hand it is a glory to capture a woman from another village and bring her away, in which case, whether compensation be paid or not, the children follow the father.^ On the ^ Jenks, 68. ^ Rigdel, 324. ^ /^_ 251. 28 PRIMITIVE PATERNITY islands of Ambon and Uliase there are two kinds of betrothal, the secret and the open, preceded both alike by intimate acquaintance and sexual intercourse. Secret betrothal ends in elopement. Open betrothal means a formal offer of marriage made on the bride- groom's behalf by his relatives. On its acceptance he establishes himself in his bride's dwelling, helping her parents in their daily work and contributing to the expenses of the household. He is not allowed to eat with his wife or her parents, nor to speak to her in their presence ; and if he leave the house temporarily he must let them know whither he is going. But he cohabits clandestinely with her. This position, which is practically one of servitude, may last for years ; and the children born while it lasts belongr to the mother's family. Sometimes, instead of going to reside in the family, the bridegroom merely visits his bride once or twice a week until the time for the formal ceremony, which is dependent on the payment of the bride-price, is fixed. When payment is made a feast is held, the bride is handed over to the bridegroom and conducted to his dwelling. Elopement is said to have been the primitive form of marriage in these islands ; but so far as I am aware the assertion does not rest on any substantial evidence. It is accomplished by the help of the bridegroom's relatives. The bride's parents are then appeased by payment, and the bride enters her husband's dwelling and family.^ Here it is clear that the payment of the bride-price effects the transfer of the wife and her children — at least her future children — from her family to her husband's. On the island of Makisar marriage may take place by elopement and 1 Riedel, 67. RISE OF FATHERRIGHT 29 subsequent payment of compensation. The children then follow the father. It seems more usual to con- clude a formal agreement between the families. The young couple in this event live for awhile with the bridegroom's parents, until they set up a house of their own ; but the children follow the mother. With permission of the first wife a man may marry as many as five wives ; and the later wives dwell with their parents or in separate dwellings, except in case of poverty, when all the wives live under one roof of which the first is mistress.^ Conversely on the island of Wetar the pair live at the wife's home until they get a separate dwelling ; but a bride-price is paid and divided between the bride's parents and the other members of her family. This assures the children to the father. He is, however, in nowise bound to care for them, but leaves this duty entirely to their mother.^ On the island of Serang intercourse between unmarried youths and girls is unrestrained. When a pair after some experience of one another in this way determine to live together, the fact is announced to the girl's parents. If they do not object the youth enters their house without any formality, and is con- sidered as a member of the family. Nothing is said by the girl's parents about bride-price ; but this is usually paid as soon as she becomes pregnant, or after a satisfactory trial of married life. An exchange of presents between the families takes place on the public recognition of the marriage. When payment of the bride-price is completed the wife enters her husband's family ; but this does not discharge him from the duty of making constant gifts to her parents in order to ^ Riedel, 415. ^ Id. 447. 30 PRIMITIVE PATERNITY keep alive his right to her and her children. In some districts children born before payment of the bride- price remain with their mother's parents. If the bride- price be not paid the husband remains in the wife's family and the lands of his kindred become security for the payment. Needy youths work out the bride- price ; or by agreement some of the children may be taken by the bride's parents in discharge of it.^ On the Tanembar and Timorlaut islands marriage is always preceded by sexual intercourse. A bride-price must be paid. It is an honour to the bridegroom to pay it all up at once. Indeed it is more than an honour : it is a substantial advantage. For although he is at liberty to marry after payment of one instalment, he has no right to take the bride away from her parents' dwelling, and they retain some power over her. Moreover in case of separation the children follow her. But payment of the bride-price changes all that. It enables him to take the bride to his own dwelling. It gives him full rights over her, and the children follow him in case of separation, unless he give her cause by grave ill-treatment. In the latter event she is empowered to take them with her, as well as all the property she may have acquired during the marriage. If by ill-luck he cannot complete the payment he lives in matrimonium injustuni, or beena marriage, and once children are born he is bound to the service of his wife's parents so long as they survive.^ One way of marriage on the Watubela Islands is by agreement to which the kin on both sides are parties. A bride-price is paid, gifts are exchanged and the ^ Riedel, 131. '^ Id. 300. RISE OF FATHERRIGHT 3^ bride is formally handed over to her husband in his home. But side by side with this there is another way, by which the youth having gained his sweet- heart's favour comes secretly to sleep with her and re- mains in her apartment until discovered by her parents. When this happens, declaring his passion for their daughter he gives himself wholly up to them to be dealt with as they decide, or as it is figuratively expressed "to be marked as their slave." If they are willing he stays in his wife's house, enters her family and works for her and her parents. His children then follow their mother ; but if later he be in a position to pay the bride-price the children follow him and he obtains full rights over them as in the more formal marriage previously mentioned. If the parents are unwilling for the marriage, the youth on being dis- covered is compelled to leave the house and pay compensation equivalent to a sovereign of our money. Monogamy is the rule.^ In the Romang Archipelago unmarried girls are allowed unrestricted intercourse with men. A youth intending to marry pays repeated visits to the house of his beloved, to whom he offers a sarong, or scarf, and some glass beads. If these things are accepted he stays in the house and endeavours to obtain her utmost favours openly in the presence of her parents or relatives. When this happens the latter flare up in a rage, abuse him and demand immediate payment of the bride-price ; they snatch up their weapons and rush off to the dwelling of the youth's parents or relatives as if they will fight them. The youth's relatives, thus attacked, on their part seize their weapons and issuing forth inquire what is the ^ Riedel, 206. 32 PRIMITIVE PATERNITY matter, at the same time standing on their guard against assault. At last one of the assailants asks whether the bride-price will be paid. On an affirmative answer being returned both parties separate as friends and in a higrh state of merriment over the scene which has taken place. The youth remains in his wife's house and being incorporated into her family loses all rights in his parents' house. The first-born child is yielded to the wife's parents, and in return the bride-price is repaid. The other children belong to their mother.^ On the islands of Leti, Moaand Lakor no bride-price is paid ; the husband lives in his wife's house until he builds a separate dwelling ; and of the children the boys follow their mother and are in- corporated in her family, while the girls belong to their father.^ The population of the Seranglao and Gorong Archipelago has accepted Islam. This has naturally affected the marriage customs ; but an interesting relic of the earlier conditions is found. As soon as the marriage is agreed on and before the bride-price is paid the bridegroom is entitled to resort by day to the bride's father's dwelling and there to eat and drink, in which case the bride must serve him. He is further entitled to pass the nights there, sharing the bed with his bride, in order, it is said, that they may learn to know one another. In return he is bound to yield a portion of his earnings to the bride, and to help her parents. But apparently he is not supposed to con- summate the marriage until payment of the bride-price. This, however, is not always paid at once. Any children born before payment is completed follow the ^ Riedel, 464. ^ Id. 390, 392. RISE OF FATHERRIGHT 33 mother's family ; but subsequent payment secures them to the father/ In Talauer, Sengir and the other small islands between Celebes and the Philippines motherright is the rule. The husband oroes to reside in the wife's house and becomes a member of her family. The marriage-bond, however, is loose, for divorces fre- quently occur. As a bride-price is paid, it is only rich men who can afford the luxury of frequent change of wives. In Talauer in case of the wife's adultery her paramour has to pay a fine not to her husband, but to her parents.^ On the island of Engano the husband almost always enters at marriage the family of his wife ; and so close is the bond thus created that her death is very far from dissolving it. If he afterwards contract a marriage in another family that of his deceased wife is entitled to compensation. The reason of this is partly, at any rate, economic ; for on entering a family by marriage the husband works in the fields of his new relations and thus contributes to the support of the entire circle. A new marriage means a transfer of his labour, of the benefit of which the family of his former wife is thus deprived.^ On 1 Riedel, 171 sqq. The intervention of the imam in the marriage ceremonies is of course proper, but it seems to be not essential if the bride-price have been paid. 2 Hickson, /. A. I. xvi. 138. 3 Modighani, Isola, 215. A small payment is made for the bride. Theoretically a man may have as many wives as he likes ; but mono- gamy is the rule, the contrary being very rare [Ibid. 211, 212). Separation however is very common and is usually carried out by agreement, the parties remaining the best of friends. I cannot discover definitely from the author's account whether the Enganese reckon descent through the mother or through the father. It would seem from the above and certain other customs that they are in the stage of motherright. » c 34 PklMlTIVE PATERNITY the island of Timor there are some very curious regu- lations. The men belonging to the kingdom of Bibi9U9u can obtain wives by barter, that is by pay- ment of a bride-price, from the neighbouring kingdom of Manufahi ; but the men of Manufahi cannot purchase wives from Bibicugu. A man of Manufahi who wishes to marry a woman of Bibi^ucu must come and live with his wife in her country : no purchase-money may be paid or accepted for such a marriage. This rule extends even to the rajah of Manufahi himself. But there is a further complication. " Saluki and Bidauk are two districts of the kingdom of Bibi9U9u. A man of Saluki may marry a woman of Bidauk, and take her back with him to Saluki ; but he must purchase her, and it is not in his option to remain in Bidauk with his wife's relations instead of paying for her. On the other hand the men of Bidauk can marry with the women of Saluki ; but the man must go to Saluki and live in the house of the woman, and he has not the option of paying for her at all. The children of the union belong to her, and on her death inherit all the property, while the husband returns to his own kingdom [sic: district?], leaving the children behind him, except in case of there being more than two, when he is entitled to claim at least one. In Borneo the Dyaks and other tribes dwell in vast houses which accommodate two or three hundred or even more persons. This population of a house consists of related families, each family having an apartment to itself. In Sarawak a Land-Dyak bride- ^ Forbes, ^^j } J, A. I. xiii. 414. RISE OF FATHERRIGHT 35 groom "generally betakes himself to the apartment of his wife's parents or relations, and becomes one of the family. Occasionally, as for example when the bride has many brothers and sisters, or when the bridegroom is the support of aged parents, or of younger brothers and sisters, the bride enters and becomes one of the family of her husband." ^ Among the Balans or Sea-Dyaks of Lingga, " as a general rule if the bride be an only daughter, or of higher rank, the husband joins her family ; if he be of higher rank or an only son, she follows him. . . . If they should be of equal condition and similarly circumstanced, they divide the time among their respective families until they set up house-keeping on their own account."^ Among the Sibuyau Dyaks of Lundu, the Dusuns and other tribes the rule is that the husband follows the wife, lives with and works for her parents, and the children belong to their family.^ The Sea-Dyaks settle the place of residence of the young pair, whether in the household of the bride or of the bridegroom, in the course of the marriage negotiations.'* The natives of the Barito River basin in British North Borneo often be- troth their children very young. If this be not done they marry from inclination when they have arrived at adult life. In either case they dwell after marriage with the wife's parents ; although, it is said, the wife is considered as a member of the husband's family as well as the husband a member of the wife's family. Marriage is life-long, and as a general rule the man is content with 1 St. John, i. 162. 2 j^ 22_ *^ Id. 50: Roth, Sarawak, i. 124, 125; Wilken, Vtrwantsckap, 733; Bastian, Indonesien, iv, 24, 26. ^ Anthropos, i, 167, 36 PRIMITIVE PATERNITY one spouse.^ The peculiarities of the marital arrange- ments of both Timor and Borneo seem to point to a conflict between the old motherright and the father- right which is superseding or has superseded it.^ The Wagawaga tribe, on Tauwara, British New Guinea, reckon kinship in the female line ; and con- formably thereto the husband goes to live among the wife's kin.^ ' This is the custom on Ruck, one of the Caroline Islands ; ■* and concerning the Mortlock Islands, usually regarded as belonging to the Caroline group, we are told that the man who marries a woman of another tribe must go to dwell with her and culti- vate her land. He does not relinquish his own land at his own home, but he brings the produce to his wife's family.^ The natives of the Melaneslan island of Rotuma are organised in exogfamous clans de- scendible in the female line, and each dwelling by itself. On marriage the husband as a rule entered the wife's clan, or hoag, and came to live with her. In the case of a big chief or the head of a clan, or if the man 1 Roth, op. cit. ii. clxxix. citing Dr. Schwaner. If we may believe Dr. Schwaner's report, " Members of the same family are allowed to contract marriage, nay, even the nearest relations, brothers and sisters, parents and children.'' 2 It is hardly necessary to emphasise the statement already made or implied that the place of residence of husband or wife during the marriage is by no means an infallible test of the existence of male or female kinship. In Australia the prevailing rule, whether the kin be reckoned through males or through females, is that the woman goes to live with her husband. There are, however, a few exceptions ; but they seem to have been insisted on from poUtical reasons (Howitt, 220, 225, 234). 3 Colonial Rep. No. 131. Brit. Neiv Guinea, 1893-4, So. ^ VAiinc'e Sac. iv. 328, reviewing Globus, Ixxvi. 37 sqq. ^ Bastian, Indonesien, iii, 96, Bastian with his incorrigible negligence professes to quote but gives no reference. RISE OF FATHERRIGHT 37 belonged to a very rich hoag, the bride usually entered his hoag. The husband who entered his wife's hoag, however, only remained in it during her lifetime. When she died, as the corpse was taken out through one door of the house he was pushed out of the other, signifying that he had now no rigrht in it. These arrangrements are undergoing modification, and it is instructive to compare the process with some of the other customs already mentioned and to be mentioned hereafter. During the first three days of marriage a wedded pair now " remain in the woman's house, but on the fourth are decked out in big mats and flowers and brought in procession to the man's house. After the sixth day they go to whichever hoag they are going to live in ; a usual arrangement at the present day is for them to live half a year in each. . . Of course such a method now often leads to the separation of the pair, the wife going back to her old home. The husband then cooks some taro and a pig, which he takes to her, after which she is bound to let him remain with her, or go with him, for one night. "^ On the Murray Islands in Torres Straits the natives were divided into totemic clans, but fatherright had so far prevailed that children might take either their mother's or their father's totem, while inheritance not merely of chief- tainship but also of property had become hereditary from father to child. Marriage was by elopement followed by payment of a bride-price and a formal ceremony which lasted for some days. On its ^ J. Stanley Gardiner, /. A. I. xxvii. 429, 478, 485, 480. I gather, though it is not explicitly stated in Mr. Gardiner's account, that the separation was not final, but that the husband was entitled to the society of his wife as often as he thought fit to bring her the gift of the taro and pig. 38 PRIMITIVE PATERNITY conclusion " at first the married couple would live with the husband's friends, but afterwards would alternate and sometimes stay [by which I understand make their pe^'manent abode~\ with the wife's relations." ^ Nauru is an- island in the Pacific Ocean, west of the Gilbert group. Its population is derived from the Gilbert, Marshall and Caroline Islands. Motherrigfht is the rule here, and accordingly on marriage a man always goes to his wife's house. When the eldest daughter in a family marries her parents give up to her their house and build a new one close by for themselves. For each other daughter on marriage a new house is built in the immediate neighbourhood.^ Contrary to most of the Micronesian islands the population ol Yap reckon descent through the father ; yet not with- out remains of an earlier stage. A man makes a present to his father-in-law on his marriage ; but he receives a present in return. He does not take his wife to his home ; he goes to hers. Though mono- gamy is the rule polygyny is recognised so far that a man may have as many as four wives at one time. Each of these wives lives with her own kin ; it would seem therefore that he must visit them in turn. Separation is common, and is allowed on almost any pretext. There must however be some ground, it only a trivial one. There is no distinction in law, and not much in social standing, between legitimate and illegitimate children : if the father will not take an illegitimate child the mother's family will ; and it then inherits from her father.^ Among Polynesian peoples it was the custom of 1 Rev. A. E. Hunt,/. A. 1. xxviii. 6, 7, 9, 10. ' Globus^ xci. 76, 57. 3 jbic^^ j^ij 1^2, RISE OF FATHERRIGHT 39 the natives of Bowditch Island that the husband went to live with the wife's kindred. Inasmuch however as polygyny was allowed it is to be presumed that where more wives than one were married this custom only applied to the first.^ Like most of the Polynesians the Maori have reached the patrilineal stage ; but many vestiges of the reckoning of descent through the mother are to be found. The marriage cerem.ony consists in a simulated capture of the bride, in former days a very real and often bloody struggle. A few days afterwards the lady's relatives appear and demand reparation. A palaver ensues, ending in a handsome present by the husband and a feast at his expense. But sometimes, Mr. Taylor tells us, " the father simply told his intended son-in-law he might come and live with his daughter ; she was thenceforth considered his wife, he lived with his father-in-law and became one of the tribe, or hap2i, to which his wife belonged, and in case of war was often obliged to fight against his own relatives. So common is the custom of the bridegroom going to live with his wife's family that it frequently occurs, when he refuses to do so, she will leave him and go back to her relatives. Several instances came under my notice where young men have tried to break through this custom and have so lost their wives." ^ The influence of Brahmanism on the aboriginal population of India has been so potent that far fewer examples of motherright are to be found among them than might have been expected. Some of the more complete of these have already been mentioned. 1 /. A. I. xxi. 54. 8 Taylor, -^^-j ; J. A, I, xix. 103, 40 PRIMITIVE PATERNITY Several of the Dravidian tribes that have adopted patrilineal reckoning preserve the relics of mother- right, especially in the shape of residence by the husband with his wife's family. It prevails for instance among the Kharwars and Parahiya and is common among the Ghasiyas in the United Provinces. In all three cases the son-in-law is required to pass a period of probation of one year working for his father- in-law, during which he is entitled to maintenance, but he has no right of inheritance in his father-in-law's property. Further traces of motherright are dis- coverable among the last-named tribe. Marriage appears to be an affair of individual choice. ** If a girl fancies a young man all she has to do is to give him a kick on the leg at the tribal dance of the Karama, and then the parents think it as well to hasten on the wedding. In fact, it seems often to be the case that the man is allowed to try the girl first, and if she suits him and seems likely to be fertile he marries her." The wife too has riorhts inconsistent with patrilineal custom. She may leave her husband if he intrigue with another woman, or if he become insane, impotent, blind or leprous. None of these bodily disabilities will justify a husband's repudiation of his wife ; and repudiation for adultery is uncommon, because adultery within the tribe is little thought of, while women are so jealously guarded against intrigues with aliens that they seldom occur. " Besides this, nothing but the evidence of eye-witnesses to the act of adultery is accepted." ^ I have already mentioned 1 Crooke, Tribes and Castes, iii. 242 ; iv. 128 ; ii. 414, 412. A Bhuiya girl has only to kick a young man on the ankle during a dance and the parents marry the couple forthwith (ii. 83). A RISE OF FATHERRIGHT 41 the marriage custom of the Tipperah of Bengal* Residence by the husband and service in the father-in- law's house is also one of the forms of marriage practised by the Santals. It is resorted to when a girl is ugly or deformed and there is no prospect of her marrying in any other way. The husband is expected to serve for five years. "At the end of that time he gets a pair of bullocks, some rice and some agricultural implements, and is allowed," we are told, '* to go about his business : " by which we are presumably to under- stand that the marriao-e is at an end/ Amone the Badagas of the Nilgiri Hills "it is said to be common for one who is in want of labourers to promise his daughter in marriao-e to the son or other relative of a neig^hboLir not in circumstances so flourishinof as himself ; and these engagements being entered into, the intended bridegroom serves the father of his Santal youth by surreptitiously marking a girl on the forehead with vermilion or indeed any common earth makes her his wife (Risley, Tribes and Castes, ii. 230). Cf. the Ntlakapamux custom cited below p. 90. 1 Risley, Tribes, ii. 230. What is called bccna marriage is in fact not very uncommon in India. For examples, see Crooke, Tribes and Castes, i. 281 ; ii. log, 218, 434. It is possible that the custom of Illatom followed by some of the castes, including the NambUdri Brahmans of the south of India, may be ultimately derived from the custom by which a husband goes to reside in his wife's family. By the custom of Illatom a father who has no sons adopts for certain purposes a daughter's husband, but without the religious ceremonies necessary to full and complete adoption. It is probably immediately derivable from, or at least has been influenced by, the old Hindu custom by which a father without sons appointed a daughter to bear him issue who could perform the sraddha. But it is now overlaid by so many legal decisions that the relation of an illatom son-in-law to his wife's family has become highly artificial. See Ramachendrier, Collection of Decisions on the Law of Succession, ficc. (Madras, 1892) 39 sqtj. 42 PRIMITIVE PATERNITY betrothed as one of his own family till the girl comes of age, when the marriage is consummated and he becomes a partner in the general property of the family of his father-in-law." ^ These arrangements are therefore only employed for special reasons. They may however be a relic of an earlier social con- dition of these two tribes. The Kamtchadals live in small communities or families, each in its own ostroshock or village composed of a small number of households. A youth who marries goes to reside in his wife's ostroshock ; he does not bring her to his. The marriage used to be made by means of a very simple ceremony. The lover went to the hut where his sweetheart dwelt with her parents and kindred and there played the wooer, renderinc;' himself officious and offeringr all sorts of services to the family. These services were accepted if he had the good fortune to please. He then watched his opportunity to perform a public act of familiarity with the pfirl. In doingf this he had to run the risk of resistance and even serious blows on the part of any married women who might happen to be present. If successful the young people thenceforward lived together without any further formality in the wife's hut.^ The Kamtchadals have now accepted Russian Christianity, and it has to some extent modified their customs. Many of their tales, however, reflect the former practice by which the husband went to live in the dwelling of the wife's family ; while others repre- sent him as taking his wife back after a time to his own home. The latter probably portray the present 1 Thurston, 33. 3 Georgi, iii. 77, 89. Cf. Post, Studien, 47, RISE OF FAFHERRIGHT 43 usage. Their neighbours, the Koryak, have for the most part resisted the efforts of the missionaries to convert them from their ancient paganism. The traditional tales current among; them disclose that the suitor usually serves for the bride and having married her remains with her in her father's or her brother's settlement, often making after some time a ceremonial visit with her to his own home, and subsequently return- ing.^ Among the Chukchi it was formerly the custom when persons belonging to different family groups inter- married that the bridegroom entered the bride's family, " leaving for ever his own kindred." Latterly this has been commuted for service during a period of one or two years. " A young man thus serving his father-in-law as Jacob served Laban has to perform all kinds of rough and hard work, and is usually tested by various trials before the family of the bride allows him to lead her away. Rich families having many young women whom they are unwilling to give to strangers generally select poor young men. These having stood the test are admitted to the bride and become members of the family by the performance of certain rites." Such marriages however, "are not very binding. The parents and brothers of the woman given away to the stranger reserve the rig-ht to take her back even after the lapse of years. ... In the case of accept- ing a poor young man into the family there have been instances where the father-in-law, becoming ^ Jochelson, Jesup Exped. vi. passim. The Kamtchadal tales are comprised in pp. 327-340. The Koryak custom as represented in the tales is not invariable. Occasionally the wife is at once taken away to the husband's home ; but I have stated in the text what appears to be the predominant practice. 44 PRIMITIVE PATERNITY displeased, has suddenly sent the son away, although he may have been in the enjoyment of his nuptial rights for several years. In one such case the young man, rather than leave his wife, took both her life and his own." No bride-price is paid on a marriage within the tribe. The marriage rite, we are told, "is very simple. Its chief feature consists of anointing with the blood of a reindeer slain for the purpose. The bride and bridegroom, with other members of his family, paint on her face the hereditary signs of her new family, by which she casts off her old family gods and assumes the new ones. When the bridesfroom is taken to the family of his father-in-law. his family totem-marks and gods are discarded and he paints on his face the totem of the family to which he will hence- forth belong." ^ The Afghan bride is taken to her husband's home ; but in a few days she returns and lives with her husband in her parents' house.^ The commutation of the bridegroom's permanent residence in his wife's family for a temporary residence there followed by removal with his wife and children to his own house, is found among many peoples. Certain of the aboriginal tribes of China require the husband to reside for a period of seven or ten years with his wife's parents, permitting him at the expiration of that period to return to the home of his fathers and to take his wife. Meanwhile the eldest child 1 Bogoras, Am. Anthr. N.S. iii. 102 ; Jesiip Exped. vii. 359. Residence with the wife's family was perhaps the rule among the pagan Sakai of Perak (Skeat and Blagden, ii. 62, 63). The Manchu rule is to take the bride to the bridegroom's house ; but the contrary arrangement is sometimes stipulated for (J. H. Stewart Lockhart, F. L. i. 491). 2 Post, Studien, 242, citing Kohler, Zeiis. vergl Rechtsw. v. 361. RISE OF FATHERRIGHT 45 of the marriao-e has been griven to the husband's parents and the second to the wife's. Presumably the rest are retained and follow the husband and wife.^ In Selangor, one of the states of the Malay- Peninsula, the people are Mohammedans. But the bridegroom is "expected to remain under the roof (and eye) of his mother-in-law for about two years (reduced to forty-four days in the case of ' royalty '), after which he may be allowed to remove to a house of his own." A ritual stealing^ of the brideg-room by his relatives takes place on the third night after completion of the wedding. He is brought back the next day and a grand lustral ceremony is performed.^ The fisher-folk of Patani Bay, also a Mohammedan people, are divided into families, each of which reverences a particular species of fish and abstains from eating it. This cult, if cult it may be called, appears to be, or to have been originally, descendible in the female line. A man who marries into one of these families becomes liable to the prohibitions attaching to his wife's family ; if himself of a fisher- family he becomes liable to the prohibitions of both. It is customary to spend the first fortnight of married life at the house of the bride's parents. At the end of fifteen days the bridegroom's parents come and formally conduct the couple back to his old home, where they live together until he can afford to have a house of his own.^ Here an analogous ceremony 1 Gray, ii. 304. 2 Skeat, 384. All brides and bridegrooms are treated as •* royalty," i.e.^ as sacred, taboo. I ani not quite sure, therefore, whether Mr. Skeat means that in all cases the term of residence at the bride's house is reduced to forty-four days, 2 Annandale, Fasc. Ma!, i. 75. 46 PRIMITIVE PATERNITY to that ill Selangor witnesses to the gradual breaking- down under similar influences of the matrilineal system formerly in force. Generally in the Patani States "the bride and bridegroom are expected to take up their abode in the house of the bride's parents ; but the custom has now become largely ceremonial, and as a rule they only stay a fortnight, after which they are conducted in procession by the bridegroom's parents to his old home, where they live until he can afford to have a house of his own." Women, however, have a very independent position ; and the bridegroom "cannot force the bride to leave her parents, though her refusal to do so is considered valid grround for regular divorce, the man receiving back the wedding present."^ A similar ceremonial residence in the bride's home is found among the Kaduppattans of Cochin in the south of Hindustan. The protracted marriage rites are begun in the house of the bride's father and completed in the bridegroom's house. The bride's father then takes the pair back to his home, where they remain for twelve days, afterwards returning to the bridegroom's.^ Service for a bride is by no means unusual among the tribes of Southern India ; but such cases when the bridegroom does not continue to reside after marriage in the wife's family need not detain us.^ ^ Annandale, Fasc. Mai. ii. 75, 2 Ind. Cens. xx. 1901, 166. More protracted is the residence of the young couple in the bride's father's house among the Mikirs, where there is no bride-price but the bridegroom after marriage has to work for his father-in-law for an agreed period (Stack, 18). ^ Examples will be found in Thurston, 2>Z- The custom among the Shanars of Travancore by which all the bride's expenditure until her first child is born is supplied from her father's house, where also RISE OF FATHERRIGHT 47 The Chingpaw of Upper Burmah are divided into patrilineal exogamic kins. On marriage a bride-price is paid, which is regarded as a compensation to the bride's parents for the loss of her labour. It is often considerable, and if the suitor be unable to pay it he may work it out. In this way he becomes a dependent of his bride's family for a longer or shorter period. As no marriage takes place without previous intercourse, presumably while living in this condition the bridegroom has access to the bride, if not actually married. The completion of his period of service enables him to take away his wife and children to his own villao^e.^ In Cambodia the negfotiations for marriage are conducted by the relatives of the young couple ; and often the latter have not exchanged a word until after their betrothal. The girl's parents then make a formal request that their intended son-in- law shall come to the house to serve for awhile. The period of service is in fact a period of probation in which it is the youth's business to render himself agreeable to the young lady as well as to her parents. On the day appointed he accordingly comes and remains under their roof for an indeterminate period, sometimes longer sometimes shorter, at their orders. It is the duty of his betrothed to prepare his food and her first confinement should take place, is probably a survival from the time when she continued notwithstanding marriage to live in the parental home (Mateer, io6). ^ Int. Arch. Suppl. xvi. 26 sqq. Off the coast of Tenasserim the Mergui islanders live in boats. The population of each boat is a patriarchal community. After marriage the bridegroom is taken into his father-in-law's boat until he can manage to get a boat of his own {Globus, xcii. 290). This seems to be merely a temporary con- venience for the husband ; but that the residence in such a case should always be with the wife's parents is not without significance. 48 PRIMITIVE PATERNITY betel-nut-quids and to roll his cigarettes. This leads naturally to a lovers' intimacy between them, and if the young lady be satisfied to favours of a more decisive kind. The bridegroom's parents indeed usually urge him to seek these favours as a guarantee for his position ; for when once they are granted there is no withdrawal for either party, and subsequent infidelity on the part of the girl is treated as adultery. Although among families in easy circumstances, able at once to pay the expenses of a formal marriage, the period of probation is short, in some cases no longer than fifteen or twenty days, in other cases it is extended even for years. Nor does the youth always reside with his parents-in-law : he may live at his own home, only paying visits and assisting his parents- in-law in the labours of sowing or harvest, or the like. It is not very rare to see more than one child, born during this interval, at the subsequent marriage of its parents. Such little ones, though not regarded by the lady's family with any great pleasure, are by no means a disgrace. They are considered as legiti- mate, since their parents are betrothed — '' presque mar ids " — and as such have rights and duties which the law recoo-nises.^ The real character of the period of probation as a relic of an earlier form of marriag-e in which the husband either visited or dwelt with his wife in her own home is made apparent by comparison with the customs of some of the tribes of Northern Tonkin. Among the Eastern Thai, when the bride has been brought to the husband's house and formally installed there the wedding is far from being concluded. In fact the bride passes the ^ Aymonier, Excursions, xvi. 197. RISE OF FATHERRIGHT 49 night WLth the female friends who have accompanied her frpm home. Nor do they leave her the whole of the next day, which is devoted to feasts offered by the husband's family. The following day husband and wife go to present themselves before the bride's ancestors, and the husband returns alone. Only some time afterwards may the union really take place, and then in quite a fugitive manner and under pretexts which mask it as if it ought to be kept secret. In some places the wife spends alternately fifteen days at her husband's house and fifteen days at her own. Elsewhere she only comes to his house if she is called thither on pretext of helping in the household manage- ment or in the field-work. This situation, abnormal from our point of view, continues until pregnancy is proved, or if she remain barren until the end of the third year. During the whole period she continues to preserve the same liberty of intrigue that is permitted to unmarried girls, and she gads about to fetes and markets, singing with the lads erotic songs just as the unmarried girls do. It often happens therefore that the paternity of her eldest child is more than doubtful.^ The marriao-e customs of the Lolo of the hio-hlands of Bao-Lac, of which they claim to be the original occupiers, are similar. The wedding is celebrated at the bridegroom's house, where the bride remains for six days. The married pair then pay a visit to the bride's parents, taking a present of rice and fish. ^ Lunet de Lajonquiere, Ethnog. Tonkin Sept. 154, There are small variations among the different tribes of the Thai group. The customs described above are those of the Tho. Among the Ming, another tribe of the group, the bride returns to her own home after a cohabitation of some hours {Id. 195); among the Tchong-Kia, after a few days of cohabitation {Id. 206. Cf. Anthropos, ii. 367). n D 50 PRIMITIVE PATERNITY They remain there two days, and returning to the bridegroom's house they spend another night together, after which the bride goes back to her parents and only installs herself permanently in her husband's domicile when pregnancy becomes evident/ Among the various Man tribes the bridegroom passes an avowedly proba- tionary period in the bride's house. The period ex- acted by the Man Tien is a month. After this the formal wedding takes place. The young couple first drink rice-spirit together and worship the bride's ancestors, then proceeding to the bridegroom's home drink together and worship his ancestors. The bride is formally presented to the bridegroom's relatives, with whom they remain.^ The Man Quan Trang require a much longer residence of the bridegroom in the bride's home. Formerly it was for six years ; even now it is for three, unless redeemed by payment. It begins when the youths are about twenty years of age and the girls fourteen. No sexual relations ought to take place between them during this period ; but in reality such relations always exist without much importance being attached to them, unless pregnancy result. In this case the lovers are definitely united and neither party can afterwards withdraw. So long as pregnancy does not happen the youth can withdraw without paying anything ; but if the girl's parents alter their minds they must pay him an indemnity for the services he has rendered in their house. After the formal marriage the young couple must work for seven years in the husband's paternal home before being able to settle elsewhere. In this way it is said the parents of both are remunerated for the care bestowed on their ^ Lunet 339. 2 /^_ 257. RISE OF FATHERRIGHT 51 children/ This is no doubt a modern justification for customs the orioin of which has been forootten. All these tribes, however, practise also the form of marriage to which McLennan gave the name of becna marriage from the word in use in Ceylon for a husband who was taken to reside in his wife's house or village.^ When a youth among the Tho is too poor to pay the bride-price, he may renounce his name and enter his father-in-law's family as an adopted son. Among other tribes the bridegroom enters the service of his wife's family for a definite number of years in lieu of a bride-price. In such cases there is no adoption.^ Chinese influence has been for centuries powerful in the north of Tonkin. To it we must probably attribute the fact that fatherright has become the general custom, though many traces of the reckoning of kin through the mother remain. Up to the last quarter of the eighteenth century there prevailed in Passummah and Rejang, two con- tiguous districts of the island of Sumatra, two kinds of marriage. These were known by the respective names oi J2iJ2tr and ambel-anak. The jujtir, says Marsden, " is a certain sum of money given by one man to another as a consideration for the person of his daughter, whose situation in this case differs not much from that of a slave to the man she marries, and to his family. His absolute property in her depends, how- ever, upon some nice circumstances. Beside the bLitangjujur{ox main sum) there are certain appendages ^ Lunet, 272. 2 McLennan, Studies, i. loi. 3 Lunet, 156, 207, 242, 293. Among some unspecified Thai tribes the service is said to be for the lives of the bride's parents without adoption or compensation of any kind {Authropos, ii. 370). 52 PRIMITIVE PATERNITY or branches, one of which the tali kulo, of five dollars, is usually from motives of delicacy or friendship left unpaid, and so long as that is the case a relationship is understood to subsist between the two families, and the parents of the woman have a right to interfere on occasions of ill treatment ; the husband is also liable for wounding her ; with other limitations of absolute right. When that sum is finally paid, which seldom hap- pens but in cases of violent quarrel, the tali kulo (tie of relationship) is said to be putus (broken), and the woman becomes to all intents the slave of her lord. She has then no title to claim a divorce in any pre- dicament ; and he may sell her, making only the first offer to her relations." After mentioning the other two "appendages," namely, the tulis tanggil {yNhich he cannot explain) and the upah daun kodo (payment for the marriage feast), Marsden proceeds : " These additional sums are seldom paid or claimed before the principal is defrayed, of which a large proportion, as fifty, eighty, and sometimes an hundred and four dollars, is laid down at the time of marriage, or in the first visit (after the parties are determined in their regards) made by the father of the young man, or the biijang himself, to the father of the woman. . , , Until at least fifty dollars are thus deposited the man cannot take his wife home ; but so long as the matter continues dalam rasa-an (under consideration) it would be deemed scandalous in the father to listen to any other proposals. When there is a difficulty in producing the necessary sum it is not uncommon to resort to an expedient tQrvi\&di mengiring j'ujur.''' By this arrange- ment the debtor becomes practically a slave, all his labour being due to his creditor, without it seems any RISE OF FATHERRIGHT 53 reduction in the debt, which must be raised and paid without deduction. Long credit is then given for the remainder of the jujur. " Sometimes it remains unadjusted to the second and third generation ; and it is not uncommon to see a man suing for xhe.jujuroi the sister of his grandfather. These debts constitute, in fact, the chief part of their substance ; and a person is esteemed rich who has several of them due to him for his daughters sisters aunts and great aunts. Debts of this nature are looked upon as sacred, and are scarcely ever lost. In Passummah, if the race of a man is extinct, and some of these remain unpaid, the dusun or village to which the family belonged must make it good to the creditor ; but this is not insisted upon amongst the Rejangs." Sometimes instead of paying a yV^V^r an exchange is effected, by which one maiden is given for another. In ambel-anak, on the other hand, ** the father of a virgin makes choice of some young man for her husband, generally from an inferior family which renounces all further right to or interest in him, and he is taken into the house of his father-in-law, who kills a buffalo on the occasion and receives twenty dollars from the son's relations. After this the buruk baiknia (the good and bad of him) is vested in the wife's family. If he murders or robs, they pay the bangtm, or the fine. If he is murdered, they receive the bangiin. They are liable to any debts he may contract after marriage ; those prior to it remaining with his parents. He lives in the family, in a state between that of a son and a debtor. He partakes as a son of what the house affords, but has no property in himself. His rice-plantation, the produce of his 54 PRIMITIVE PATERNITY pepper-garden, with everything that he can gain or earn, belong to the family. He is liable to be divorced at their pleasure, and though he has children must leave all and return naked as he came. The family sometimes indulge him with leave to remove to a house of his own and take his wife with him ; but he his children and effects are still their property. If he has not daughters by the marriage he may redeem himself and his wife by paying her y?/;V/r; but if there are daughters before they become emancipated the difficulty is enhanced, because the family are likewise entitled to their value. It is common, however, when they are upon good terms, to release him on the pay- ment of one jiijur^ or at most with the addition of an adat of fifty dollars. With this addition, he may insist upon a release whilst his daughters are not marriageable. If the family have paid any debts for him he must also make them good." ^ It is obvious that these forms of marriao-e are the adaptation to a comparatively advanced civilisation of much more primitive arrangements. The jujur marriage by its elaborate qualifications and conditions betrays its highly artificial character. The ambel-anak is simpler. But the husband's subordination among his wife's relatives has been emphasised by the growth of a patriarchal form of society. The result has been that the more archaic form of marriage has become degraded and been left, as among the Tho of Tonkin, to youths of a lower class of society or too 1 Marsden, 225, 235, 257, 262. Cf. Bastian, Indonesien, iii. 6, 21, 22, 87. As in Japan, ambel-anak seems to be still used in some places to continue a family when for want of sons the heirship has fallen to a daughter (Marsden, 264). RISE OF FATHERRIGHT 55 poor to pay a bride-price. A bride-price is indeed actually paid, but it is of a nominal amount. It avails only for the right of cohabitation, and does not transfer the custody of the bride's person, or the potestas ; still less does it change the descent from the maternal to the paternal line as does the jitjiir. The personal position of the husband, however, is, while the marriage lasts, better than that of one who, married by jujur, is unable to pay the whole and who therefore becomes an enslaved debtor in his father-in-law's house. Moreover, by custom he can insist on release if he can pay up xh^jujur and adat ; and in Passummah if the father-in-law dismissed him he could turn the tables upon him by paying a hundred dollars, thus redeeming his wife and family, converting the ambel- anak into a kulo marriasfe and return! no^ to his former tungguan (settlement or family), a man of more conse- quence in society. The Achehnese at the north-western end of the island have accepted Islam ; but many of the earlier customs persist and maintain a by no means unequal conflict with Mohammedan polity. Among these are their marriage customs. After the negotiations are completed, the consent of the head-man of the kampong alike of the bride and of the bridegroom must be obtained. A formal betrothal follows as a preliminary to the long and tedious ceremonies of marriage. When these are at an end the bridegroom commences to visit the bride. He sleeps with her for seven nights under the surveillance of an old woman, and is not allowed to exercise his conjugal rights. The following day he returns home, the feast being now finished. On the ninth day he >w. 56 PRIMITIVE PATERNITY returns to the bride and stays with her for two or three nights, going back after the tenth or twelfth night to his parents' home. An elder is sent to him generally at the new moon to press him on behalf of his wife's parents to return to her. He yields to the invitation and goes to stay with her for about eight days. His visit then comes to an end, and the next visit is not made until after an interval of fourteen days. Thus he continues s^oinsf backwards and forwards for about six months. Not until then does he become an habitual inm.ate of his wife's house if his own kampong be close at hand. " Where the [parental] homes of the young couple lie at a great distance from one another it will depend entirely on circumstances whether the man continues to be a mere occasional visitor to his wife's house or entirely exchanges the abode of his parents for that of his wife." An Achehnese daughter never really quits her parents' roof According to their means her parents either vacate a portion of their house in favour of each daughter who marries, or add to the building or put up new houses in the same enclosure. In spite of this a stringent taboo divides the husband from his wife's family ; and this taboo is only removed to some extent, and that gradually, after years of wedded life in the same house. Nor does the wife become imme- diately on the marriage dependent on the husband in pecuniary matters. He is required to make her a certain gift after the consummation of the marriage, and a monthly present of money amounting on the average to about four dollars. For every btingkay of gold (twenty-five dollars) in the wedding gift the bride is made dependent for a full year on the support RISE OF FATHERRIGHT 57 of her parents. It is only when that period expires that the husband is bound to support her beyond the monthly present just mentioned and a gift of meat at the two great Mohammedan feasts. She is then committed to the sole charge of her husband ; and if her father and mother be livinof this is done with much formality. All the expenses of the first child- bed fall upon the wife's parents, any contribution made by the husband being regarded as a voluntary gift.^ Among the Alfurs of Buru it is forbidden to marry in the same commune, as perhaps it was originally among the Achehnese. The rule is that the husband pays a bride-price and takes his wife away. But he is called by the name of the commune into which he has married — "dependent" of such and such a commune. His wife's family too never addresses him by name, but always by the title of *' dependent." After the birth of a child he is called father of that child. The bridegroom who cannot pay nevertheless marries ; but he is compelled to reside with the woman and her kin, to whom the children in such a case belong.^ On the island of Timor the Belunese constitute all marriages by payment. The word for marriage is haafoli, which means to buy something. The pur- chase is made either on the part of the husband or on the part of the wife. If the price be paid on the wife's part, then the husband comes to live with her and the children are hers, not his ; if on the husband's part the 1 Hurgronje, i. 295, sqq. 2 Wilken, op. cit. 707 ; Riedel, 22, 5. Compare the title dependent with that in use among the Creeks of North America (Kohler, 59 note). 58 PRIMITIVE PATERNITY converse is the case.^ Comparison of these two cases is instructive. The Alfur practice obviously looks back to a time when the husband always came to reside with the wife's relations: the title of "dependent" given to the husband is not easily explicable in any other way. It would seem that the purchase-money paid on behalf of the Belunese bride on the contrary has arisen by analogy with the payment made by a man to obtain the right to take away his wife and to obtain full paternal authority over his children, in- cluding the reckoning of patrilineal descent. The Kafirs of the Hindu-Kush, as has been noted in the last chapter, are a patrilineal people. A bride- price of from eight to twelve cows is exacted ; but it seems not to be always paid before marriage. " Although," says Sir George Robertson, "a man may marry a woman with the full consent of all concerned, and although she may bear him children, neither she nor her children would be allowed to leave her father's house until the last penny of her price had been paid. It is not quite certain, however, if sons would not belong to the father. Daughters certainly would not. It is paying the full price which gives the man the right to take his wife to his home for her to work in the fields."^ Among the Sunuwar of Nepal, "by Kir4nti custom, if a young man runs away with a girl and is unable to pay the fine which is appointed for such cases, his children by her are regarded and may be claimed as slaves by her parents." The Kirantis, it is noted by Mr. Risley, look upon a son-in-law " rather in the light of a servant." There can be 1 Wilken, op. cit. 708. Compare other customs on the island of Timor, supra, p. 34. 2 Robertson, 535. RISE OF FATHERRIGHT 59 little doubt that but for the influence of Hinduism the children would have been reckoned not as slaves but as members of their mother's sept. It is at least suggestive that the proper person to demand payment of the fine is not the father of the abducted girl but her maternal uncle/ Residence, temporary or permanent, on the part of the husband at the bride's home is usual in various African tribes. The custom of the Edeeyahs of Fernando Po has already been mentioned. It applies only to the first wife : the others are probably wooed in a more summary fashion. The account we have of it includes little detail ; but apparently the bridegroom after the public celebration of his marriage continues to dwell with the bride in the hut adjacent to her mother's, where she has been confined throughout the previous period of service and courtship.^ Among the Baele of the eastern Sahara the bride remains with her parents. A special hut is erected for the use of the young couple until the birth of the first child. If no child be born the father must repay the bride-price he has received and the marriage is at an end.^ In Dar-For the bride remains a year or even two years in her parental home ; and there her husband lives with her at the expense of her father. If the husband choose to contribute it is treated as a gift.* Among the Dinkas of the Bahr-el- Ghazal the couple remain in the father-in-law's village until a child has been born and has learned to walk. They are then permitted to return to the husband's ^ Risley, ii. 282. 2 Supra, p. 23. ^ Ibid. 323, 395, citing Nachtigal. ^ Ibid. 395, citing El-Tounsy, 6o PRIMITIVE PATERNITY home.^ The northern Wanyamwezi are still in the stage of motherright, but matrilineal customs are in decay elsewhere. Whether in the north or the south, however, the husband goes to dwell at his wife's home.^ Among- the Banyai on the Zambesi "when a young man takes a liking to a girl of another village and the parents have no objection to the match he is obliged to come and live at their village. He has to perform certain services for the mother-in-law, such as keeping her well supplied with firewood ; and when he comes into her presence 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 his wife." But it seems that on payment of a bride- price the right to the wife and children would be transferred to the husband.^ Among the Bambala as we have seen fatherright is beginning to supersede the older organisation. Still a man very often takes up his abode in his father-in-law's village. The father- in-law in fact assumes in his life importance para- mount even over his own father, and he will fight for him and his village against his own.^ Among the Hottentots women were treated with high respect. The 1 J. A I. xxxiv. 151. 2 Burton, Lake Regions, ii. 24. Sir H. H. Johnston [Brit Cent. Afr. 413, 415, 412) reports the custom of the husband's going to Hve at the wife's village as characteristic of the Atonga and generally of the tribes of Southern Nyassaland, except the Wankonde, though marriage by capture is by no means unknown. ^ Livingstone, Miss. Trav. 622. * /. A. I. XXXV. 410, 399. RISE OF FATHERRIGHT 6i most binding oath a man could take was by his eldest sister ; his wife ruled supreme in his house ; and she possessed her own separate property. The first years of married life were spent by her husband in his father-in- law's service ; he was the old man's companion in the hunting-field and in war/ So a Bushman was com- pelled to accompany his wife's parents everywhere and to provide them with game ; nor in very many cases did the marriage last longer than this obligation was fulfilled.^ In South America, the Bakairi of Central Brazil are in the stage of motherright, though the dignity of chief tends to male descent. Ordinarily marriage is negotiated by the parents of the young couple ; the bride's father is presented with a stone axe and with arrows ; the bridegroom works with him in his clear- ing, and hangs his hammock in the hut above the bride's. Without more ado the pair are regarded as man and wife. As little ceremony is there in a divorce, which takes place at the will of the wife even though the husband be opposed to It ; probably he has an equal privilege. Polygamy is not unknown, at all events among the portion of the tribe living in Kulisehu valley ; but it is not customary to have more than one wife in the same villao-e. A recent traveller was assured that a man could without inter- ferinof with the g'ood understandino- between himself and his first wife's relations take another wife in a neighbouring place ; and if he visited her for a change quite commonly his first wife, either with or without her relations, would accompany him. On the death 1 Hahn, i8. 2 Merensky, 68; Post, Afr.Jur. i. 379 ; Fritsch, 445. 62 PRIMITIVE PATERNITY of the wife the widower is bound to marry her sister, if one be eligible. A close bond unites the children with their maternal uncle/ Amono;- the Indians of the Paraguayan Chaco a youth desirous to wed sends a friend to the young lady's hut. At midnight "he enters noiselessly, seats himself beside the sleeping- place, smokes for an hour or two, and then retires as discreetly as he came, without having spoken one word. After two or three of these nocturnal visits the father demands in a brutal tone of voice what business he has to be in his house at such a late hour. The intruder explains the object of his visit, and the father and mother, after having assured themselves that their future son-in-law will be a good warrior, and that he will not beat his wife too m^uch, &:c., give their consent, and without further formality the mar- riage is concluded. The husband almost invariably attaches himself to his wife's family, but it is not an unknown thing for his parents, especially his mother, to bring such influence to bear upon him that he will leave his newly wedded wife, and return to his own home, eventually arranging with his wife to spend one half of his time at her village and for her to join him for the other half at his own. The custom of pretend- ing to carry off the bride by force is sometimes practised, and may at one time have been rrtore oreneral." ' In British Guiana the Arawaks are exogamous and trace descent exclusively through the mother. ^ Von den Steinen, 331 ; Schmidt, Indianersludien, 437. On the Araguaya a river the Caraja youth builds a separate hut for his bride ; but if he wed a lady from another village he leaves his own and takes up his abode in her village. I gather that the Caraja are matrilineal {Globus, xciv. 237). ^ Qrubb, 61. RISE OF FATHERRIGHT 63 Children are often betrothed early. But when the boy- comes to the age of marriage he may repudiate the contract and choose for himself on underooino^ certain tests of courage and endurance. A bride-price is paid, or the bride is given in requital for some service done to her parents. " The marriage once arranged, the husband immediately transports his possessions to the house of his father-in-law, and there he lives and works. The head of his family, for whom he is bound to work and whom he obeys, is not his own father but his wife's. A complete and final separation between husband and wife may be made at the will of the former at any time before the birth of children ; after that, if the husband goes away, as very rarely happens, it is considered not lawful separation, but desertion. When the family of the young couple become too large to be conveniently housed underneath the roof of the father-in-law, the young husband builds a house for himself by the side of that of his wife's father ; and to this habit is probably due the formation of settle- ments. And when the head dies, it being uncanny to live where a man has died, the various house-fathers of the settlement separate and build houses for them- selves, each of which in its turn forms the nucleus of a new settlement." ^ This practice, it is obvious, might easily develop into fatherright. The Macusis and other Carib tribes of Guiana marry in the same way ; and a married woman does not escape by mar- riage from subjection to her own family, who continue to claim authority over her." Arawak stories illustrate 1 im Thurn, 186, 221. 2 Ibid. 222 ; Brett, 353. A Macusi marriage is consummated in the wife's village coram populo (im Thurn, loc. cit.). 64 PRIMITIVE PATERNITY this social condition. The Demar^na, one of the Arawak clans, trace their descent from a girl, the daughter of a mythical people who dwelt below the earth. A young man fell in love with her, and was only allowed to marry her on condition of going down to share his bride's home and join her family. The descendants of this pair have connubimn only with the clan of the young man in question, namely the Koro- bohana, whose totem seems to be a species of parrot,^ a custom pointing perhaps to an older rule of acquiring brides by exchange. Another story does not relate the origin of a clan ; but it is one of a " great chain of legends " accounting for the peculiarities of the various animals of the country, and is therefore part of the ancient myth-store of the aborigines. It belongs to a cycle of tales known all over the world. A beautiful royal vulture, so it runs, was once captured by a bold hunter. She was the daughter of Anuanima, sovereign of a race whose country is above the sky, and who cease there to be birds and assume human form and habits. Smitten with love for the hunter his captive laid aside her feathers and exhibited her true form — that of a beautiful girl. " She becomes his wife, bears him above the clouds, and after much trouble persuades her father and family to receive him. All then goes well until he expresses a wish to visit his aged mother, when they discard him." After great difficulties he reaches his home in safety. Then follow his efforts to regain his wife whom he tenderly loves. With the assistance of the birds, whose forces he commands, he invades his wife's country above the sky, where " he is at last slain by a valiant young warrior resembling ^ Brett, Legends, 178. RISE OF FATHERklGHt 65 himself in person and features. It is his own son, born after his expulsion from the upper regions, and brought up there in ignorance of his father." ^ In this as in the previous saga, we find the rule definitely insisted on that the husband must reside with the wife's kin, or the marriage will be brouo-ht to an end. Here too father and son take different sides in a war between their respective clans : an example of the Father-and- son combat mentioned in the last chapter. We have already seen that the Algonquian nations were when Charlevoix wrote in the staple of mother- right. From what he says we gather that the young husband lived with his wife for some time in the cabin of her parents, and that it was then his duty to supply them with the produce of his hunting. Among the Iroquois the wife never left the parental home, because she was considered the mistress, or at least the heiress. Among other nations, however, after a year or two of marriage the husband took her to his parents' home. If this were not done the husband built a house for her and himself. In the house all the duties fell on the young wife, who was moreover required in case of need to look after her parents : this points to residence with or near them. " Some nations," the Jesuit Father tells us, " have wives everywhere where they sojourn for any period when hunting : and I have been assured that this abuse has been introduced for some time among the Huron-speaking peoples, who had always been contented with on.e wife. But a much greater disorder reio-ns in the Iroquois canton of Tsononthouan, namely, the plurality of husbands." Some of the Algonquian nations had a ^ Brett, Legends, 29. II K 66 PRIMITIVE PATERNITY custom by which if there were more than one sister in a family the husband of one took them all. This does not appear to have been the case with the Hurons and Iroquois ; but even among them if the sister first married died the husband was obliged to marry a surviving sister, or if there were none some other wife provided by the family of the deceased, unless he wished to expose himself to insults from the rejected lady. On the other hand if a husband died without children his brother had to supply his place. Marriages were negotiated by the parents, and the matrons took the lead. The parties most concerned were indeed consulted, but their consent was a mere formality. In some places the girls were by no means in a hurry to marry, because they had full liberty in their amours, and marriage only changed their condition to render it harder. The marriage ceremony was simple. The suitor was required to make presents to the lady's family. He sought private interviews at night with her. In some places it was enough if he went and sat by her side in her cabin ; if she permitted this and remained where she was it was taken for consent, and the act sufficed for the marriage. If husband and wife could not agree, they parted, or two pairs would exchange husbands and wives. An early French missionary who remonstrated with a native on such a transaction was told : " My wife and I could not agree. My neighbour was in the same case. So we exchanged wives, and we are all four content. What can be more reasonable than to render one another mutually happy, when it costs so little, and does no harm to any one." ^ ^ Charlevoix, v. 418 sqq. RISE OF FATHERRIGHT 67 The Senecas, an Iroquoian tribe, dwelt in long- houses which accommodated sometimes as many as twenty families, each in its own apartment. '* As to their family system," writes a missionary, " when occupying the old long-houses it is probable that some one clan predominated, the women taking in husbands, however, from the other clans : and sometimes for a novelty some of the 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 chil- dren, or whatever goods he might have in the house, he might at any time be ordered to pick up his blanket and budge ; and after such orders it would not be healthful for him to attempt to disobey ; the house would be too hot for him ; and unless saved by the intercession of some aunt or grandmother, he must retreat to his own clan, or as was often done, go and start a new matrimonial alliance in some other." ^ The Wyandots, another Iroquoian tribe, camp in the form of a horse-shoe, every clan together in a regular order. Marriage between members of the same clan is forbidden, and children belong to the clan of the mother. ** Husbands," we are told, "re- tain all their rights and privileges in their own gentes, though they live with xh^gentes of their wives." On betrothal the bridegroom makes presents to the bride's mother. After marriage the pair live for a short time at least with the bride's mother in her household, ^ Morgan, Contrib. N. Am. Ethn. iv. 65. 68 PRIMITIVE PATERNITY but after awhile they " set up housekeeping for them- selves," always of course in that part of the encampment occupied by the wife's clan/ The Musquakies, though belonging to the Algonquian stock and organised in clans, no longer reckon descent through the mother. A Musquaki youth having chosen a lady generally his senior by several years, negotiations for the marriage are opened by his mother with the mother of his beloved. If the preliminaries be satisfactory a course of courtship follows involving the exhibition of considerable endurance by both parties. At length he is admitted to his future mother-in-law's presence. She hands him a platter of food, and while he is eating it she haggles with him over the presents she is to receive. When the barcrain is made she and her husband dress him in a new suit of clothes and take him round to present him formally to all the friends and relatives of both sides. The next day the wedding ceremony takes place, commencing by the delivery of his presents to his mother-in-law. He then enters the wigwam on the invitation of his father-in-law, where the bride prepares a little bowl of gruel for him. After eating it he leads her with some little endearments to a roll of blankets, where they sit the rest of the day while friends visit the hut. The marriage is then complete. The bridegroom " lives with his wife's people, but this does not make him or his children of her clan — of her people's clan, that is, for she henceforth belongs to his till death or divorce separates her from him. As for his children, his death or divorce gives the minors to the maternal grandmother's clan ; but those who have had the puberty feast still belong ^ Powell, Rep. Bur, Ethn. i. 63, RISE OF FATHERRIGHT 69 to his." ^ The last detail is noteworthy : children not yet enfranchised from infancy remain to the maternal clan. The Cherokee bridegroom went to live with his bride. The house belonged to her or her mother, and if dissatisfied with him they could drive him away." The Seminoles of Florida reckon descent throuoh the mother. Marriage within the clan is prohibited. The consent of the girl and her kindred is required. When that is oriven the female relatives of the brideg^room contribute the simple bedding required by the young pair, and he receives in return a wedding costume consisting of a newly made shirt. Clad in this he goes at sunset of the appointed day to his mother-in-law's home, where he is received by the bride and henceforth is her husband. He dwells there until he and his bride set up an independent home, either at the wife's camp or elsewhere except (and this is important) among the husband's relatives. Divorce is easy. " The husband, no longer satisfied with his wife, leaves her ; she returns to her family and the matter is ended, ... In fact, marriage among these Indians seems to be but the natural mating of the sexes, to cease at the option of either of the interested parties." The writer from whom I quote adds : " Although I do not know that the wife may lawfully desert her husband, as well as the husband his wife, 1 Owen, F. L. Musq. 72. The detailed account of the negotia- tions and courtship is most entertaining, but too long to quote. 2 This is clear from the tales, i?f/>. Bur. Ethn. xix. 292, 338, 339, 345. As to the Natchez, see Charlevoix, vi. 182, 184. He does not expressly say, but I think it is to be inferred, that the husbands usually went to reside in their wives' dwellings. They were matriUneal 70 PRIMITIVE PATERNITY from some facts I learned I think it probable that she may." ^ Many of the Indians of the plains have passed into the stage of fatherright. Traces however of the older organisation are frequently to be found. Among the various stocks of the Pawnee the husband goes to reside in his father-in-law's hut. The morals of the Wichita maiden were the subject of much concern by her parents and relatives. In the choice of a husband she was supposed to take no part. The parents of the youthful pair arranged the matter, the first advance coming sometimes from the one side, sometimes from the other. The young man then went to the girl's lodge in the evening. If her parents still favoured him, he remained and was recognised as her husband. In case of unfaithfulness on the wife's part she was beaten with a stick by her father — not apparently by her husband. If on the other hand her parents at any time changed their mind with regard to their son-in- law, he was simply sent home : this constituted divorce. While he remained his duty was to watch over the property of the family and to provide food. On his fulfilment of these requirements rested his claim for favour with his wife's parents — in other words, the continuance of the marriage.^ To these customs the mythological and other tales bear abundant witness. Here too we find the marriage of one man to a band of sisters.^ Such marriages are common with the Kiowa of the Southern Plains. The husband generally 1 Maccauley, Rep. Bur. Ethn. v. 496, 508. ^ Dorsey, Myth. Wichita^ 9. Compare (among others) the customs of the Senecas (p. 67) and the Bushmen (p. 61). 3 Dorsey, Skidi Pawnee, 141, 229, 325; Pawnee Myth. i. 166, 196, 254, 283, 287, 359, 371, 424 J Myth. Wichita, %i, 173, 268. RISE OF FATHERRIGHT 71 goes on marriage to live among his wife's people in their camp, and he who marries the eldest daughter has the first claim upon her sisters. As the marriageable age for girls was fourteen he presumably takes the younger sisters, if he so please, as they grow up. It would seem however that the girl is always consulted. Her brother's voice is powerful in the family council on the subject of her marriage, and even after that event he continues to claim a sort of guardianship over her. These customs are evidence of the former existence of motherright, which is now unknown.^ At the same time the reckoning of patrilineal kinship is ensured by their obvious tendency to vest the ultimate headship of the family in the husband. The Dakota the Kansas and other Siouan tribes follow similar customs.^ The Pueblo peoples of the south-west of the United States are among the most interesting of the aboriginal tribes of North America. They inhabit clustered dwellings tier above tier along terraces ledges and the brows of the bare flat-topped hills, called mesas, characteristic of that arid region. Invariably they are organised in exogamous totem-clans. Invariably they reckon kinship through females, and the husband on marriage goes to live with the wife's kin and becomes an inmate of her family. I f the house be not large enough, additional rooms are built adjoining and connected with those already occupied. Hence a family with many daughters increases, while one consisting of sons dies out. The women are the builders, the men supplying 1 Mooney, Rep. Bur. Ethn. xvii. 232. 2 Riggs, Dakota Cram, 205 ; Dorsey, Rep. Bur. Ethn, xv. 232. *]2 PRIMITIVE PATERNITY the material and doing the heavy work.^ When a Zuni girl has come to an understanding with a young man, and her parents are willing, she takes him home. Bidden by her mother she offers him food. While he eats it her parents sit on one side and talk to him about the duties of a husband to his wife. When he has finished the father calls him to them and further admonishes him to work hard, watch the sheep, help to cut the wood and to plant and cut the grain for the household ; the mother adding a recom- mendation to be kind and good to his wife. He remains at the house for five nights, sleeping alone outside the general living room where the family sleep, and working for them during the day- time. On the sixth morning he goes to his parents' home and discloses to them where he has been and his intended match. If they be pleased his mother gives him a dress for the bride. The bride in return grinds some flour and the following day accompanied by the brideofroom takes it in a basket on her head as a present to her mother-in-law. The latter offers food to the girl, who eats ceremonially a few mouthfuls. Her father-in-law gives her a deerskin for moccasins, and her mother-in-law fills with wheat the basket she has brought. The young pair then return to the girl's house, which they make their permanent home ; but they do not sleep inside the living room for a year, or until the birth of the first child — a relic, we may conjecture, of secret cohabitation. The Zufti are monogamists; but divorce is quite common. ''They would rather separate," says Mrs. Stevenson, " than 1 Mindeleff, Rep. Bur. Ethn. xiii. 197; Gushing, Ibid. 368 j Uewett, Am. Anthr, N.S. yi. 634 ; Fewkes, Id. i. 260, RISE OF FATHERRIGHT 73 live together inharmoniously." She bears emphatic testimony, however, to the happiness of a Zufii household. "The domestic hfe of the Zunis, "she says, " might well serve as an example for the civilised world. . . . The Zuiiis do not have large families, and the members are deeply attached to one another. The writer has found great enjoyment in her visits to the general living room in the early evening after the day's labours were over and before the elders were called away to their fraternities or elsewhere. The young mothers would be seen caring for their infants, or perhaps the fathers would be fondling them, for the Zufii men are very devoted to their children, especially the babies. The grandmother would have one of the younger children in her lap, with perhaps the head of another resting against her shoulder, while the rest would be sitting near or busying themselves about household matters. When a story was told by the grandfather or some younger member of the group, intense interest would be depicted on the faces of all old enough to appreciate the recital. The Zuni child is rarely disobedient, and the writer has known but one parent strike a child or use harsh words with it. The children play through the livelong day with- out a quarrek" ^ The keynote of this harmony is the supremacy of the wife in the home. The house, with all that is in it, is hers, descending to her through her mother from a long line of ancestresses ; and her husband is merely her permanent guest. The children — at least the female children — have their share in the common home : the father has none. Like all the Pueblo peoples the Zufii are above the stage of 1 Jiep, Bur, Ethn. xxiii. 304, 293. ;4 PRIMITIVE PATERNITY savagery. To them the cultivation of the soil is not unknown ; and their religious rites attest the import- ance of agriculture in their economy. Probably in earlier times the husband had no possessory interest in the fields, and the crops which he is exhorted in the marriage ritual to tend and gather belonged to his wife and her family. Even yet the little gardens imme- diately about the village are owned and tended exclusively by the women and descend from daughter to daughter. But modern influences have reached Zufii ; a man is now capable of owning something more than his horses and donkeys and his weapons and personal adornments. If he be at marriage possessed of any land its produce is brought into the common stock for the support of the home ; and on the death of the owner his children, boys and girls, share his property. Motherright has begun its inevitable decay. ^ The Hopis are more conservative. With them the women still own not only merely the houses but the crops, the sheep and the peach-orchards, everything in fact relating to the economy of the household but the beasts of burden. This is an interesting testimony to the antiquity of the custom. The horses and donkeys were unknown before the coming of the white man. They are a new acquisition, and their service lightens the labour that falls upon the men. Peaches, wheat and sheep were also the gifts of the Spanish mission- aries. But the Pueblo peoples were already tillers of the soil when the missionaries came amonof them. To this day they plant and irrigate, they hoe and gather their peach-trees and crops much as they 1 Gushing, 14, xiii. 365 ; Mrs. Stevenson, Id, xxiii. 290. RISE OF FATHERRIGHT 75 anciently planted and watered their own maize. The objects of cultivation — not the method — have changed. Similarly they were already herdsmen when sheep and goats were introduced. Flocks of turkeys were kept for food and for clothino^ Mr. Gushing- tells us that when he " first went to live with the Zunis their sheep were plucked, not sheared, with flat strips of band iron in place of the bone spatulcc originally used in plucking turkeys ; and the herders always scrupulously picked up stray pieces of wool — calling it 'down,' not hair, nor fur — and spinning it, knitting too at their long woollen leggings as they followed their sheep, all as their forefathers used ever to pick up and twirl the stray feathers and knit at their down kilts and tunics as they followed and herded their turkeys."^ The Hopis, like the Zunis, are monogamists. The lady exercises the right of choosing her husband. It is she who must "pop the question ; " or if she be too shy, her relatives (by preference her mother) open the negotiations. Often these negotiations are preceded by intercourse of so intimate a kind that the results can no longer be concealed. Such conduct detracts in no way from her good repute if it lead to marriage. Even if it do not, and if she give birth to a child, she will be sure to marry later on unless she happen to be shockingly ugly. Nor does the child suffer, for among these matrilineal peoples the bastard takes an equal place with the child born in wedlock. When all things are arranged the girl goes to the house of her future husband and remains there some weeks. For three days she works for the family. On the fourth the wedding ceremony is performed by the bride- ^ Rep, Bur, Ethn. xiii. 340, 76 PRIMITIVE PATERNITY groom's mother. It consists in taking down the bride's hair, worn until that moment in maiden-fashion, washing it and then dressing it as worn by a married woman. Other rites follow which need not detain us. The subsequent weeks are occupied by the bridegroom's family in the preparation of the bride's wedding out- fit, which is a gift from them. Finally she returns, arrayed in a part of the trousseau and laden with the rest, ceremonially in procession accompanied by a number of her friends to her mother's house. She pays compensation to the bridegroom's family, consist- ing usually of maize-flour in such quantity that the labour of grinding it may occupy her for weeks after her return. The bridegroom takes up his abode in her home with her family, in any case to remain there for the first few years of marriage, until he and his bride can obtain a separate dwelling. Yet he is a stranger there, and is often treated as a stranger by his wife's kin. The dwelling of his own family remains his proper home. In sickness he returns to his mother, and stays with her until well again. Often his position is so unpleasant that he breaks off all his relations with his wife and family, and goes back to his own home. On the other hand, the wife sometimes, when her husband is away from the house, lays all his goods outside the door : an intimation, which he well understands, not to intrude himself upon her again. -^ Lastly among Pueblo peoples let us consider the matrimonial institutions of the Sia. Like all the others they are divided into exogamous totem-clans descend- ^ O. Solberg, Zcits. f. Ethnol. xxxvii. 629. Cf. Bourke, Snake-, dance ^ i35 ^ Voth, Traditions of the Hopi, 67, 96, 133. RISE OF FATHERRIGHT ^^ ible through women only. But from various causes the once populous pueblo of Sia has lost the greater part of its inhabitants, whole clans have become extinct, and the tribe is in imminent danger of dying out. In these circumstances the rule of exogamy has ceased to be strictly enforced. It is suggested indeed that the desire for increase of numbers has caused a general dissolution of manners. This is a question which does not concern us in this place. The Sia are at least nominally monogamous. When a young man desires to marry a girl he speaks first to her parents. If they are willing he addresses himself to her. The day of marriage having arrived he goes alone to her home carrying his gifts for her wrapped up in a blanket, his father and mother having preceded him thither. When the young couple are seated together the parents address them in turn enjoining unity and forbearance. This constitutes the ceremony. A feast is then given to the friends. Tribal custom requires the bridegroom to reside with his wife's family, the couple sleeping in the general living room with the remainder of the family.^ The Eskimo of Cumberland Sound and Davis Strait are generally betrothed when very young ; but in any case when the time for marriage comes the bride must be bought from her parents by some present. The bridegroom goes to reside with his wife's parents and must help to maintain them. If belongrino- to a strang-e tribe he must join that of his wife. Not until after both his parents-in-law are dead is he entirely master of his own actions. The consent 1 Rep. Bur. Ethn. xi. ig. There are some cases it would seem in which the husband has after a time provided a separate house. 78 PRIMITIVE PATERNITY of the bride's parents, or if they are dead that of her brothers, is always necessary to the marriage. Divorce is easy : the sHghtest pretext is sufficient for a sepa- ration, and the wife's mother can always command a divorce. Either party can then re-marry.^ A similar account is given of the connubial customs of the Eskimo of Northern Alaska.^ Turning to the Pacific slope of North America let us first examine the relative positions of man and woman and the marital relations among the Seri of the Californian Gulf. They are the wildest and fiercest of all the aboriginal inhabitants of the continent, and among the lowest of known peoples in the entire world. The island of Tiburon, the centre and citadel of the tribe, has never been visited by any competent ex- plorer who has succeeded in coming in contact with the people. It was visited in December 1896 by a scientific party under the leadership of Dr. W. J. McGee, but the natives had fled to their fastnesses and could not be drawn forth. Our information about them is derived from Dr. McGee's report, based on observation of members of the tribe on the mainland, which is Mexican territory, and the statements of interpreters and officials of that rugged and forbidding tract of country. The indigenous name of the tribe is Kunkdak apparently meaning womanhood, or more probably motherhood. Men count for comparatively little among this strange people. Their organisation is strictly maternal. " The tribe is made up of clans defined by consanguinity reckoned only in the female line. Each 1 Boas, Rep. Bur. Ethn. vi. 578. 2 Murdoch, Id. ix. 410. A slightly different account is given of the more southerly Eskimo, Nelson, Id, xviii. 291, RISE OF FATHERRIGHT 79 clan is headed by an elder-woman, and comprises a hierarchy of daughters granddaughters and (some- times) great-granddaughters, collectively incarnating that purity of uncontaminated blood which is the pride of the tribe. And this female element is supplemented by a masculine element in the persons of brothers, who may be war-chiefs or shamans, and may hence dominate the movements of groups, but whose blood counts as nothing in the establishment and maintenance of the clan organisation."^ Their dwellings are the rudest shelters that can be called huts. Such as they are they are erected by the matrons without help from the men or boys. '* The house and its contents belong exclusively to the matron, though her brothers are entitled to places within it whenever they wish ; while the husband has neither title nor fixed place, * because he belonofs to another house ' — though as a matter of fact he is frequently at or in the hut of his spouse, where he normally occupies the outermost place in the group and acts as a sort of outer guard or sentinel." *' Moreover, his connection with the house is veiled by the absence of authority over both children and domestic affairs, though he exercises such authority freely (within the customary limits) in \ki^jacales (huts) of his female relatives." ^ The matrons participate in what may be called legislative and judicial functions ; many of them are shamans of repute ; and they are more reverenced than any men. At the same time the executive power of the family resides in the mother's brothers in order of seniority, though it seems to be exercisable only through or in conjunction with her. ^ McGee, Rep. Bur, Ethn. xvii. i68*. 2 Ibid. 269*, 272*. §0 PRIMITIVE PATERNITY There are no old men. Their absence is said to be due to the militant habits of the tribe : the hardships of the chase may help to kill them off. Whatever the cause of the absence, its result is that even the begin- nings of patriarchal rule are impossible. The chief- tainship of a band is determined by the consideration of three factors : the seniority of the candidate's clan in the tribal mythology, its numerical strength, and his personal prowess, which is " always weighed in con- junction with the shamanistic potency " of his consort or consorts. " Yet he is a throneless and even homeless potentate, sojourning like the rest of his fellows in such jacales as his two or three or four wives may erect, wandering with season and sisterly whim, chased often by rumours of invasion or by fearsome dreams, and restrained by convention even from chiding his own children in his wives' jacales save through the intervention of female relatives."^ The Seri are divided into exogamous totem-clans. The proposal for marriage is formally conveyed by the elderwoman of the suitor's family to the girl's clan- mother. If entertained by her and her daughter- matrons it is discussed at length by the matrons of the two clans involved. The girl herself is consulted ; a jacal'is erected for her; and after many deliberations a year's probation of the most exacting character is arranged for the favoured gallant. He leaves his clan and attaches himself to that of his bride. He is ad- mitted to her hut. He "shares the/^^^/and sleeping- robe provided for the prospective matron by her kinswomen, not as privileged spouse, but merely as a ^ McGee, Rep. Bur. Ethn xvii. 275*. RISE OF FATHERRIGHT 8i protecting companion ; and throughout this'probationary term he is compelled to maintain continence — i.e., he must display the most indubitable proof of moral force. During this period the always dignified position occupied by the daughter of the family culminates ; she is the observed of all observers, the subject of gossip among matrons and warriors alike, the recipient of frequent tokens from designing sisters with an eye to shares of her spouse's spoils, and the receiver of material supplies measuring the competence of the would-be husband. Through his energy she is enabled to dispense largess with lavish hand, and thus to dignify her clan and honour her spouse in the most effective way known to primitive life ; and at the same time she enjoys the immeasurable moral stimulus of realising that she is the arbiter of the fate of a man who becomes warrior or outcast at her bidding, and through him of the future of two clans — i.e., she is raised to a responsibility in both personal and tribal affairs which, albeit temporary, is hardly lower than that of the warrior-chief. In tribal theory the moral test measures the character of the man ; in very fact it at the same time both measures and makes the character of the woman. Among other privileges bestowed on the bride during the probationary period are those of receiving the most intimate attentions from the clan-fellows of the groom ; and these are noteworthy as suggestions of a vestigial polyandry or adelphogamy P]. At the close of the year the probation ends in a feast provided by the probationer, who thereupon enters the bride's /la;^^/ as a perpetual guest of unlimited personal privileges (subject to tribal custom) ; while the bride passes from a half-wanton 82 PRIMITIVE PATERNITY heyday into the duller routine of matronly existence." ^ Thus among the Seri the husband takes a permanent place in the wife's hut with her family, but as a wholly subordinate personage, without any authority whatever. In his mother's hut he has rights ; and if I understand Dr. McGee correctly he may continue to have and exercise them, notwithstanding his marriage. But in his wife's hut he has none. Perhaps it is well that sometimes he is not without a place of refuge. Com- parison with the institutions of the Hopi and other Pueblo tribes is obvious. The Maidu of California lived in village com- munities ; the clan-organisation and motherright were unknown. The former existence of motherright may however be inferred from their customs. In the Sacramento Valley, among the Northern Maidu the girl's consent was always necessary to marriage and was generally secured by the suitor before he addressed himself to her family. When the marriage was arranged, if she belonged to his own village the husband usually went to live with his wife's family. If she belonged to another village she came to live with him. But in the latter case the pair would often pay a long visit to her family about six months afterwards, and for a period of some months at least the husband hunted and fished for his wife's family. The mutual avoidance of mother-in-lawand son-in-law was enforced. In the foot-hills on the other hand the girl had little or no choice : the suitor settled the matter with her parents. When he had paid the price agreed on he came to the house and lived there with her until she was old enough to manage a house herself, if she had ^ McGee, Rep. Bur. Ethn. xvii. 279*. RISE OF FATHERRIGHT 83 been married very young, or until he could provide a house for her. Among the North-Eastern Maidu the suitor pays no bride-price. He comes to the house, and if the girl permit him to sleep with her the marriage takes effect at once. He thereupon begins hunting for the parents, and remains living with them for some months. Then he takes her to his father's house, where they live thenceforth unless the husband be able to build a new house for himself. For two or three years however he and his wife make visits of a week or two in length to her parents, and while there the husband hunts for them. A simple agreement to separate constitutes a divorce. The husband of one sister has the first right to the others ; if he does not avail himself of it it passes to any brother he may have.^ The Takelma of South-western Oregon pay a bride- price and take the bride to her husband's house. But the payment of the bride-price does not exhaust the husband's indebtedness to his father-in-law. From time to time he will load his canoe with presents of dried salmon or the like and go with his wife, though it may be a considerable distance, for a visit to her parents. And after the birth of the first child an additional price, regarded as equivalent to buying the child, is paid to the wife's father, in the shape of a deerskin-sack filled with Indian money.^ The Hupa also exacted a bride-price ; the bride went to live in her husband's home, and the children belonged to him. But if a man were unable to pay so large a sum as was usual he might pay half and go to the bride's home. 1 Dixon, Bull. Am. Mus. ^f. H. xvii. 239, 2 E. Sapir, Am. Anthr. N. S. ix. 275. 84 PRIMITIVE PATERNITY In that case he would have to serve his father-in-law and all offspring of the union would belong to the wife's people.^ This custom was not unknown among other Californian tribes, such as the Yurok and Patawat, and was called half -marriage. Among the Lolsel, a branch of the Pat win, " a bride often remains in her father's house and her husband comes to live with her, whereupon half the purchase-money is returned to him." Mr. Powers, who reports these cases, omits to tell us what is the effect of the arrangement upon the reckoning of descent. Among the Yokuts " a man marrying goes to live at his wife's or father-in law's house, though he still has power of life or death over her person."^ The Spokanes are divided into a number of small bands. A girl is at liberty to make an offer of marriage if she wish ; and in any case her consent is required as well as that of her parents and the chief. The husband joins the band to which his wife belongs, because, it is said, she can work better in a country to which she is accustomed. Women are held in great respect ; all the household goods are considered the wife's property. Either party may dissolve the marriage at will, but the children go with the mother. The man who marries the eldest daughter of a family is entitled to all the rest ; and parents make no objection to his turning off one in another's favour.^ 1 Goddard, Hupa, 55. 2 Powers, 56, 98, 221, 382. I infer with some doubt from the husband's power, from the fact that the chieftainship descends from father to son, and from the value placed on virginity, that the Yokuts were patrilineal. If so, the husband's residence in the wife's house was a relic of motherright. ^ Bancroft, i. 315, 277, 278 note. Bancroft uses the word tribe^ RISE OF FATHERRIGHT 85 In the last chapter we considered some aspects of the social organisation of the Haida of Queen Charlotte Islands. They are still in the stage of motherright. The wife is the head of the household. She transmits her name and family crest to her children, though fatherright has so far made inroad upon the older organisation that the descent of property has become paternal. There are two kinds of marriage. One is an informal marriage, in which the lover simply goes to the girl's house and spends the night with her. They are found together in the morning and continue to live together as man and wife. The other kind of marriage is arranged when one or both of the parties are quite young. The boy goes after puberty to live at his mother-in-law's house until the time for actual marriage arrives, and works for her family. A feast and formal exchange of gifts then take place at the bride's house, and she is brought by the bridegroom's family to his maternal uncle's house, where his proper home is.^ The former kind of marriage is often practised where for any reason the latter is delayed, as where the husband has been betrothed to a mere child and has to wait for her until she has grown up. In such a case he is expected to put an end to the informal marriage on wedding his previously betrothed bride ; and his mother-in-law looks sharply after the morals of the man who is formally married to her daughter and exacts a large amount of property from but comparison of his statement and citations with his general account of the Spokanes renders it clear that band is what is meant ; I suspect the bands are exogamous. ^ Swanton, Jesup Exped. v. 50 ; Deans, Hidery, 20, 23. Cf, ante, vol. i. p. 296. 86 PRIMITIVE PATERNITY him in case of infidelity to his wife. Her vigilance implies residence after marriage with her or in her neighbourhood. In the traditional stories, residence with the wife's kin is very common, if not usual. ^ It would seem therefore that it was the former practice. Probably it still is, even in case of formal marriage. The Haida are divided into two exogamous clans. These clans are subdivided into families, settled in towns, each town being inhabited by several families generally belonging to both clans. Certain special families and towns are in the habit of intermarrying. The daughter of a man's maternal uncle therefore might be the wife who would ordinarily be chosen for him ; ^ and in many cases he might reside at his uncle's house or town in the double capacity of nephew and son-in-law. Thus, even though he had gone through the ceremony of formal marriage there would be no removal of the bride, at least from her father's town and perhaps not from his house. On the whole, however, an examination of the traditions and practice of the Haida and of the neighbouring peoples of British Columbia mentioned in the following pages gives ground for the conclusion that the formal marriage is a comparatively recent innovation on the original custom, namely, that of the informal marriage, and is part of the social evolution already in progress before the white man came upon the scene. The marriage customs of the StlatlumH of British 1 Swanton, op. cit. 223, 236, 249, &c. 2 This is borne out by traditional tales. Indeed, according to a tradition of the Masset Haida a man had an indefeasible claim on his uncle's daughter, and took care to exercise it (Swanton, x. op. cit., 654. cf. 717, 719). RISE OF FATHERRIGHT 87 Columbia differ among the upper and lower classes. A chief or a notable took his bride home or had her brought to him. With the other classes the accepted suitor made the formal offeringf of firewood to his prospective father-in-law. This signified that he was subject to the latter. It placed him in the position of "younger" man whether he was actually so or not; and among all the Salish tribes age, real or imputed, confers authority. On entering the house "he is made welcome and invited to sit down with the family along- side of his bride. It is this formal inclusion in the family circle of the bride that constitutes the marriage." The bridegroom stays there at least four days, and then is free to go or stay as he chooses. Sometimes he continues to live in the family of his father- in-law. Mr. Hill-Tout, whose report I am quoting, adds: "This inclusion of the son-in-law within the family circle gives him all the rights of son- ship and his offspring are regarded as belonging to his wife's family just as much as to his own. This and other customs would seem to point to an earlier social organisation, to a time when [motherright] prevailed," though now the kin is reckoned on both sides. The eldest daughter was always the first to marry, and her husband usually married all her sisters.^ The ^ Hill-Tout, J. A. I. XXXV. 131, Mr. Hill-Tout writes mainly of the branch of the tribe occupying the upper reaches of the Lillooet Valley. His opinion just quoted seems to be confirmed by another investigator, who deals more particularly with a branch of the tribe seated further down the Lillooet River. He says : " Generally the wife followed the husband to his village, although cases in which the husband lived with the wife's clan are very common^ and may have been the rule, at least among the Lower Lillooet" (Yt\\.,Jesup Exped. ii. 255). 88 PRIMITIVE PATERNITY Kwakiutl, also a Salish tribe, likewise reckon the kin on both sides. Prof. Boas describes their marriage customs as " of peculiar interest on account of the transition from maternal to paternal institutions that maybe observed here." The suitor pays for his bride in blankets by two instalments, namely, one half at once and the remainder in three months. After payment of the second instalment he is allowed to live with his bride in her father's house. He gives a feast to the whole tribe, during which his father-in-law returns him a part of the bride-price and fixes a time when he will return the rest. The Kwakiutl are among the tribes of British Columbia famous for their lavish gifts. The potlatch, a byword of extravagance, is " the custom of paying debts and of acquiring distinction by means of giving a great feast and making presents to all the guests. . . The foundation of the custom is the solidarity of the individual and the gens^ or even the tribe, to which he belongs. If an individual gains social distinction his ^^/^^ participates in it. If he loses in respect the stain rests also on the gens. Therefore the gens contributes to the payments to be made at a festival. If the feast is given to foreign tribes the whole tribe contributes to these payments." During the wedding feast the young wife demands for her husband her father's carvings and dances. These are his crest and privileges. The father is obliged to give them, though they are not actually given at the time. In fact they are only descendible in this way, and the bargain for a wife includes the privileges and crest, which are thus acquired not for the son-in-law himself but for his successor. Moreover the son-in-law buys not merely the possession of the girl but the RISE OF FATHERRIGHT 89 right of membership in her clan for their future children. He continues to live in his father-in- law's family for three months, and then makes a further payment of a hundred blankets for the right to take his wife home. When the father-in-law has repaid the whole of the bride-price with interest he has redeemed his daughter, and the marriage is annulled. She may afterwards, however, remain with her husband of her own free will, or he may make a new payment in order to continue his claim upon her.^ The Kwakiutl traditions are quite familiar with the residence of the son-in-law in the house of his wife's father, and reflect the customs of a period when the choice of a husband rested largely with the bride, and when marriages were made, as among the Haida and various other American tribes, by sleeping together at night followed by discovery on the part of the bride's family in the morning and a formal ackowledgment of the relationship.^ The elaborate ceremonial incident to a present-day marriage, and the purchase and re-purchase of the bride and her father's crest and privileges are probably comparatively recent. They have not succeeded in obliterating all trace of an older and simpler practice, which is still perfectly well understood as preserved in the tribal tales. Like the two last-mentioned tribes the Ntlakdpamux, whose habitat is on the Eraser River and its tribu- tary the Thompson River (whence they are often called the Thompson Indians) reckon kinship on both sides. There are three modes of entering into married 1 B. A. Rep. 1889, 838, 834; Boas, Rep. Nat. Mus. .895, 358, 334. Cf. Dawson, Trans. Roy. Soc. Canada, v. ^ Boas and Hunt, Jesup Exped. x. 12, 196, 239. 90 PRIMITIVE PATERNITY life. In one of them the man, in another the girl's family, takes the initiative. In both cases presents are exchanged between the relatives. In both cases the bridegroom on going to claim his bride stays at her parents' house for several days. Then he brings her to his father's house. After a few days, or even a month or more, the young couple are compelled by custom to return ceremonially to the bride's home. They stay there for a while and are then brought back to the bridegroom's father's house ; after which they are at liberty to live with or visit the parents of either as they feel inclined. These proceedings are an obvious compromise, and it will be observed that they start from the residence of the husband with the wife's folk, and not vice versa. The third mode of entering into marriage is now obsolete. Formerly a man was compelled to marry a girl whose person he had touched, even if he had touched her accidentally. A man who touched the naked breasts or heel of a maiden trans- formed her by that act into his wife, and they lived together thenceforth as man and wife.^ If a young man intentionally touched a girl with an arrow, it was an offer of marriage. Two days afterwards he repaired to her house, and if her relatives called him " son-in- law" and treated him well, he knew that he was accepted. " The man who cut or loosed one string of the lacing which covered a maiden's breast, cut her breech-cloth, or lay down beside her had to marry her ; and she at once became his recognised wife without further ceremony. Sometimes a young man would repair to the house of his sweetheart after every one had gone to bed. He knew where she slept. He ^ Compare the Indian cases cited abore p. 40. RISE OF FATHERRIGHT 91 would quietly lie down beside her on the edge of her blanket. Sometimes she would give an alarm, and he would have to run out, but often she would ask who he was. If she did not care for him she told him to leave or struck him ; but if she liked him she said no more. He lay this way on top of her blanket, she underneath, neither of them talking, till near daybreak ; then he crept noiselessly away, just whispering to her ' Good- by.' He would come and do likewise for three nights more. On the fourth and last night she would put her arm and hand outside the blanket. This was a sure sign that he was accepted, therefore he took her hand in his. From that moment they were man and wife. On the next morning the girl would say to her parents : ' So-and-so comes to me. He touched my hand last night.' Then her father would tell the young man's people, while her mother would prepare a small feast. The young man and his parents would repair to the house of the girl's parents, and the young man would henceforth live with his wife. Sometimes, if the girl's parents gave no feast, the lad's parents did ; then the girl's father took her to [the lad's] house, and she lived with her husband and his people. In this as in all forms of marriage by touching, as a rule no presents were given, nor were ceremonial visits made. . . . The young women also had the privilege of touching the young men, which they generally did on either the head or the arm. A man, however, was not compelled to take to wife the girl who had touched him, although he usually did so. Some girls who touched a man and were not accepted felt greatly ashamed, and committed suicide." ^ From this ^ T eit, Jesup Exped. \. 321, 292. 92 PRIMITIVE PATERNITY account we may infer that the original form of marriage ceremony among the Thompson Indians was by " touching," that " touching " involved the residence or visits first secret and afterwards open of the bride- groom at the bride's place of abode, and that no further ceremony was required than the recognition by the bride's family of the relations between her and the bridegroom. These are institutions proper to the stage of motherright. The more formal bespeaking, either for oneself or for a child whether girl or boy, of a spouse and the securing of the contract by gifts are intended to forestall any marriage in the ancient way which would leave it to chance, to the wayward in- clination of the parties, or to the dash and cunning of a rival. In the foregoing pages no attempt has been made at an exhaustive enumeration of peoples practising the different forms of connubial relation under review. The object has been to illustrate only some of the stages through which society has passed from matri- lineal to patrilineal reckoning, or to the reckoning of parentage on both sides. The illustrations have been chosen from all parts of the world, so as to bring home to the reader's mind the fact that the process has not been confined to any one race, that it is not a local aberration, but that it belongs to the progressive organisation of human society and is due to causes universally operative, though not everywhere fully wrought out. While it has not been possible to arrange the illus- trations in exact progressive sequence, it is hoped that this has been done sufficiently to enable the general trend of social organisation to be apprehended, bear- RISE OF FATHERRIGHT 93 ing in mind that we cannot postulate any invariable series of stages through which it must have passed. We began with the reception of temporary lovers by women in their own homes. A connection thus formed tends v»^ith favouring circumstances to perpe- tuation ; and the lover (or husband, as he may then be called) is installed as a permanent guest in his wife's tent or hut. Often the connection is at first secret. Of this stage the well-known taboo by the wife's relations of her husband is beyond reasonable doubt a conse- quence. It is not merely the result, as Professor Tylor long ago proved, of the residence of the husband with the wife's kin : it specifically follows from the secrecy of the connection between husband and wife. It is the ceremonial expression of an open secret, and as such endures long after all pretence at secrecy has disappeared, and even after residence at the wife's home has ceased to be practised. Cohabitation, however, can continue to be ignored by the woman's kindred so long only as they remain indifferent by whose assistance their number is in- creased. The moment they find in their women a means of purchasing for themselves wives, worldly goods or the goodwill of surrounding clans, they will exercise more or less supervision over the permanent alliances which these women contract. At first, and for a long time, mere passing amours are not regarded, or at least they are not interfered with. But by-and- by virginity comes to have a special market-value, the stringency of the sexual code is increased, and a jealous watch is thenceforth kept upon maidenhood. Long before this stage is reached the woman's con- nubial arrangements become subject to the recognition 94 PRIMITIVE PATERNITY and consent of her kin. Cohabitation must then of necessity be disclosed at or before pregnancy. Though it may ceremonially be still considered secret it is as a fact known in the wife's family and accepted by them ; and in the earlier stages its acceptance is often followed by the husband's prolonged residence with them. Where the matrilineal clan is in full force, or where the family has been formed within the larger organisation of the clan but has not yet succeeded in supplanting it for effective social government, the husband remains subordinate to the wife's male kins- men, her uncles or her brothers. But in the process of development the clan has in many places been broken up into families the male members of which reside permanently in their wives' homes. This process is often accelerated by circumstances, as in the forests of Central Brazil. It may result, as it does there, in the husband's ultimately becoming the head of the household. In such cases the sons, unless they dwell in a bachelors' house in the village, sometimes pass to their uncle's care at an early age, thus quitting the parental roof even before the occasion arises for seek- ing mates for themselves. In desert countries, however, where food is scarce population cannot cluster together in villages, nor can children easily pass to another household. Small groups are dispersed hither and thither in the search for subsistence. In some instances the inhabitants of these waste places are degraded peoples driven by invaders from kindlier soil and climate. But whatever may be the cause of dispersal its tendency would be to break down the earlier social organisation. A man would be unwilling to wander permanently without RISE OF FATHERRIGHT 95 a mate. The weaker members of his tiny horde would cling about him as their defence and mainstay. Their relation to him would entail discipline and subordina- tion ; and his authority would necessarily become unquestioned and supreme. The effect of this constant association would be that a far stronger bond would be felt between father and child than between the child and his mother's kin, with whom perhaps he only at rare and irregular intervals came into contact. The development of fatherright in this way would be unchecked, unless the wandering for subsist- ence ceased at regular intervals by the reunion of the larger community. In the event of such reunion motherright might long retain its legal force, or as among the Eskimo kinship might come to be re- cognised through both parents. The evolution of human society more commonly takes a different direction. It is dependent not on weakness but on strength and prowess. The impulse to domineer by virtue of physical superiority has asserted itself in all ages. The capture of women has doubtless been always going on. Thus side by side with marriages in which the husband resided with or visited the wife, arose the practice of keeping one or more captive women at a man's own home for his use and benefit. The power in the household given to him by such an arrangement would be desired by others who had not the opportunity of making hostile raids for the purpose of capture. It was obtained by elopement, by simulated capture, by exchange, by the payment of what we call a bride-price. In any one of these ways or by a combination of two of them marriage is entered into in various parts of the world. 96 PRIMITIVE PATERNITY A bride-price is perhaps the most usual incident of a marriage, and is found even among peoples where the husband goes to reside with the bride and her kin. But as we have seen it is very often the condition not of marriage itself, but of the transfer of the bride to the household of her husband and of her children to his kin. Speaking broadly and subject to exceptions, the children of a marriage where the wife continues to reside with her own kin belong to that kin and not to their father's. The converse is not so general. Among some nations the wife, though residing in her husbands dwelling and under his protection and authority, retains and transmits to her children her kinship. Even the payment of a bride- price does not invariably transfer them. The tie of blood with the mother is recognised, with the father is ignored, however notorious the paternity may be. But a local tribe in such a case would, as already pointed out, be composed of men and their children who, if kindred were counted through males instead of through females, would constitute a patrilineal kin : that is, they would be descended in fact on the male side from a larger or smaller number of common ancestors. The affection of a father for his children is by no means dependent on the reckoning of kinship. On the contrary it quite commonly precedes it. Where the father is the head of the household a large measure of power over the children is in his hands, even before his kinship with them is legally recog- nised ; but it is liable to be largely qualified by the rights of the mother's kin. Paternal affection, the impulse to domineer and the greed of undivided power over the children would all alike lead to the desire of RISE OF FATHERRIGHT 97 more complete ownership, such as would be involved in counting them to the father's stock instead of the mother's. Self-interest of a more material kind would concur. The self-interest of the individual father would seek a means of increasing his wealth and con- solidating his influence. The common self-interest of the local tribe would seek to strengthen itself against competitors and foes. The same reasons indeed would operate where, as in ancient Arabia, the matrilineal clan dwelt together. A band of brethren forming a local matrilineal clan would soon feel their strength. If faced by formidable foes they would become more and more conscious of the power of union. They would be reluctant to separate even for a limited period to mate with women outside their own home. The bringing in of strange women might then have led either to the mixture of clans by the retention of female kinship, or directly to the reckoning of the children to the paternal stock. The point that needs to be insisted on is that the bond of continual associa- tion founded on daily contact and the authority of the head of the family and of the local elders and chiefs is insufficient of itself to gfive that sense of union and security which the legal tie of kinship carries. We have had illustrations of this in the preceding chapter. Where kinship is reckoned through the mother, father and child are found on opposite sides in quarrels between clans ; they meet in conflict ; and the duty of blood-revenge lays upon them the necessity of exact- ing compensation from one another, and even life for life. The powerful impression made by such collisions upon the mind at a certain stage of civilisation is shown by the wide diffusion of stories founded on the II G ^B fklMltlVE PATERNITY theme of the Father-and-Son Combat. The ultimate tendency therefore of residence by the wife at the husband's home would be in the direction of patrilineal reckoning. Moreover, in the progress of culture property of one kind or another began to be accumu- lated. It was poor at the best according to our standard ; but such as it was it was invaluable in the struggle for subsistence, for maintenance against the forces of surrounding nature or men, and for advance in material civilisation. The children of a man who owned property would during his lifetime share in its advantages. On the occasion of his death religion required much of it to be destroyed or abandoned to the deceased. Under motherright the children had the mortification to see what remained pass away from them to their father's relations. Though on the other hand they were entitled to share in what was left by their mother's male kin, that perhaps hardly made up to them the loss of the hunting-grounds, the woods, the fields, the house, the cattle, the beasts of burden, the arms and other objects hitherto associated with their life and of which they had shared in the usufruct. This motive, partly economical partly sentimental, for a change of kinship-reckoning was not, it may be conceded, everywhere potent. That it had its influence however in bringing about the result is clear from the fact that even under motherright the father begins to take care of his children in this respect by bestowing on them substantial gifts in his lifetime, and from their claim, as among the Malay population of Tiga Loeroeng, to a share of his property after his death : a claim logically inconsistent with mother- right. RISE OF FATHERRIGHT 99 It is submitted then that while motherright is founded on blood, fatherright on the other hand had its origin in quite different considerations. Kindred with the father is first and foremost juridical— a social convention. This is rendered clear by the customs of numerous peoples in transition between motherright and fatherright. Such are those of the Malays of the Padang Highlands where the residence of the mother, whether with her own or her husband's suku, decides the question ; of the Murray Islanders where the children have their choice between their father's or mother's clan ; of many of the Dravidian tribes of India where the reckoning has been changed by contact with Brah- manism ; of the Chukchi where the future kin of the pair and consequently of their children is now a matter of arrangement at the time of marriage. Still more evident is it in the effect that so commonly follows the payment of the bride-price. It would be easy to multiply the number of instances I have cited, in which the payment of the bride-price not merely ensures to the bridegroom the custody of his wife and children, but transfers the children to his stock. The artificial character of the kinship thus created is thrown into strong relief where two kinds of marriage like those hy jujur and ambelanak coexist, or where the rights of the wife's kin are compromised for one or more children of the marriage/ On the other hand, ^ Among the Negro tribes of West Africa even the wife herself sometimes sells her rights in the children to her husband for money. We have learned in the last chapter that so absolute is the power of the head of the family that he can pawn or even sell the children. Among matrilineal peoples this power is generally vested in the maternal uncle, but occasionally at least in the wife herself. The Ewhe are a matrilineal people. The father's power over his children roo PRIMITIVE PATERNITY the examples adduced in the preceding chapter show that to reckon a child to the stock of its mother's husband it is by no means necessary that the actual paternity be traceable to him ; nor is it even fatal that he is known not to be physically the father. The conclusion seems irresistible that fatherright is trace- able not to any change in savage or barbarous theories of blood-relationship, but to social and economical causes of the kind suggested in the last few pages. by a free woman is of the most limited description. The Ewhe wife can sell or pawn her children without her husband's consent, but only if he refuse to give her what she requires. " If for instance a woman were condemned to pay a fine, and her husband refused to give her the amount required, she would have a right to sell or pawn her children in order to raise the money. In such cases it is not unusual for a mother to sell or pawn the children to their father ; and men often refuse to assist their wives in such cases, in order that they may thus acquire entire control of their children " (Ellis, Ewe, 22 1. Cf. Cruickshank, i. 321 sqq. as to the Gold Coast). We are not, indeed, told that this transaction transfers the kinship to the father^ but the ownership by the father of the children is almost indistinguishable from kinship. Paternal descent is in fact usually described as paternal ownership, and that not merely by European observers but by the people concerned themselves. There is no more reason why a mercantile transaction of this kind should not as easily transfer the kinship of the children as payment of the bride-price. In this connection it will not be forgotten that the payment of the bride-price is often supplemented by a specific payment in respect of each of the children. We may fairly regard this purchase therefore by the father of his children as a step in the transfer of kinship, if not a transfer complete in itself. CHAPTER VI MARITAL JEALOUSY Continence not a savage virtue. Female chastity a slow growth from the limitations imposed by the masculine sense of ownership upon the gratification of the sexual instincts. In the lower culture jealousy operates only feebly or within limits. Examination of cases among matrilineal peoples. Survival of matrilineal freedom into fatherright. Peoples in a state of transition or where kinship is reckoned through parents : Eskimo. Patri- lineal peoples. Polyandry : the Todas and other peoples of India and the neighbouring countries. Sexual morality. Religious and other ritual observances. Wide distribu- tion of practices implying defective jealousy. General indifference to the actual paternity of a child. Value of children. Fatherright fosters indifference to paternity. The position we have now reached is this : While motherright originates in the consciousness of blood- relationship, fatherright on the contrary is due to social and economic causes. It is an artificial system of the reckoning of kinship ; it is formed by analogy with the earlier system of motherright, and has in its origin at all events nothing whatever do with the consciousness of blood-relationship. This conclusion will be strengthened by a further consideration of the sexual relations of peoples in the lower culture. Savage and barbarous peoples are possessed of many virtues, in some of which they are often justly cited as examples to persons in a higher civilisation, lOI I02 PRIMITIVE PATERNITY Among such virtues sexual continence does not rank highly unless in cases where marriage brings a sense of ownership, especially to the husband, which is liable to be wounded by infidelity on the part of the other spouse. Even then, however, so little importance is attached to the wife's purity that, by way of hospitality and for other causes, relations with other men are often permitted to her, and the definition of adultery is limitedfto unlicensed acts. On the highest planes of culture this sense of ownership has been refined into the conception of the virtue of chastity ; and both there and among not a few nations still in barbarism it has been extended backward so as to forbid to women sexual intercourse outside the more or less permanent unions which may legitimately be called marriage. Hence the value attached to virginity in a bride married for the first time, a value that in spite of its generally elevating tendency has undoubtedly resulted in the infliction of bodily suffering on women and has probably been one of the factors in producing the ail-too early marriages usual in many parts of the world. The wide prevalence of the opposite practice, namely, the sexual liberty recognised as the right of the unmarried both male and female, may be regarded as evidence of the small social importance attached to the gratification of the sexual instincts apart from the limitations imposed by the sense of ownership and the consequent growth of the ideal of chastity. The sense of ownership has been the seed-plot of jealousy. To it we are indebted for the first germ of sexual regula- tions. To it in the last resort, reinforced by growing physiological knowledge and sanctioned by religion, is MARITAL JEALOUSY 103 due the social order enjoyed by the foremost nations of Europe and America. We have now to consider conditions in which the sense of ownership if not absent is imperfect or developed in a manner diver- gent from ours, jealousy operates feebly or within limits, and chastity is not yet a virtue. Cases of sexual liberty before marriage or during widowhood will not as a rule detain us. One of the most striking examples is that of the Sia. So little do they exhibit what we are accustomed to regard as the ordinary feelings on sexual relations that, as noted in the previous chapter, it is suggested that the danger of extinction has caused a general dissolution of manners. The disappearance of fifteen clans out of twenty-one which formerly constituted the tribe, and the reduction of three of the remaining six each to a single member, a man advanced in years, while one of the other clans is limited to a single family, has undoubtedly broken down the rule of exogamy. Whether the same cause has operated to produce the state of things about to be described the reader will be in a better position to judge after the customs of some other peoples have been examined. "Though the Sia," we are told, "are monogamists, it is common for the married as well as the unmarried to live promiscuously with one another, the husband being as fond of his wife's children as if he were sure of his paternal parentage. That these people how- ever have their share of latent jealousy is evident from the secrecy observed on the part of a married man or woman to prevent the anger of the spouse. Parents are quite as fond of their daughter's illegiti- mate offspring as if they h^d bt^ejn born in wedlock j I04 PRIMITIVE PATERNITY and the man who marries a woman having one or more illegitimate children apparently feels the same attach- ment for these children as for those his wife bears him." Some of the women boast of their relations with men other than their husbands. Young maidens are set up for sale (by no means necessarily for marriage), and are often allotted to married men. Every birth is a subject of rejoicing, especially if a girl, regardless whether it be legitimate or not.^ It is obvious that no man can be reasonably sure of the paternity of any child borne by his wife. The only thing that either party to the marriage is concerned about is the avoidance of open collision with the other. The actual practice is well understood. Against the Hopis, another of the Pueblo peoples, the dissolution of manners laid to the account of the Sia is not charged. Yet even there, a girl incurs no social penalties for admitting her accepted lover to marital privileges before the formal marriage. Nor will the birth of a child whose father she does not marry in the end prevent her from wedding some one else ; while the child has the same social position and rights as a child lawfully begotten. Moreover the facility of separation allows either husband or wife at will to put an end to the relation and contract a new marriage.^ If the standard of sexual morality be some- what higher at Zufii the difference is not unconnected with the general advance in civilisation characteristic of that pueblo as compared with others.^ All the Pueblo Indians are matrilineal. Where 1 Rep. Bur. Ethn. xi. 20. 2 Supra, p. 75. ' Even at Zufii licence is not unknown at the religious festivals, though now frowned upon {Rep. Bur. Ethn. xxiii. 210); and the mythical tales contain at least a trace of polyandry (Gushing, ^uni F, T. 127), MARITAL JEALOUSY 105 descent is reckoned exclusively through the mother paternity is of no importance ; and until at any rate the husband has succeeded in establishing himself in a more secure position than the Sia or the Hopi husband, the question of lawful marriage is quite secondary, or is disregarded altogether from the point of view of the child as well as the mother. It will be convenient in the first place to restrict our attention to matrilineal peoples. Among the Hurons Charlevoix reports that the young people of both sexes abandoned themselves without shame to all sorts of dissolute practices, and it was no reproach to a girl to be prostituted. Her parents, indeed, were the first to invite her to it. Husbands did the same with their wives for a trifling profit. Many men did not marry at all but took girls, they said, to serve as companions ; and all the differ- ence between these concubines and legitimate wives was that with the former no definite contract was entered into. Their children were on the same footing as others, which produced no inconvenience in a country where there was no property to succeed to.^ Their neighbours, the Iroquois, boasted of not being given to theeccentricity of jealousy, though Charlevoix roundly denies their claim, declaring the passion to be equally developed in both sexes. I need only add to what has been said in the last chapter on the subject of matrimonial arrangements among the Iroquois that when the parties were agreed on separation it was perfectly easy without any reason assigned, but good reason was necessary when separation was sought on one side only.^ Charlevoix, vi. 38, Id. v. 420. io6 PRIMITIVE PATERNITY The Illinois and more southerly nations were still more abandoned, and it was to their example that the good Father attributed the corruption of Iroquoian manners. The women were very lascivious. The prostitution of girls before marriage was a custom permitted by many of these tribes. To this as well as the length of time of suckling (during which there was no cohabitation), the excessive toil to which the women were subjected and the state of extreme misery often endured by the whole people Charlevoix ascribes the fact that female fecundity was small.^ Whether more is meant here by prostitution than the antenup- tial licence common among matrilineal and even among patrilineal peoples may be doubted. Something more would seem to be asserted of the Natchez. " We know no nation on this continent where the women are more dissolute than they are in this. They are even forced by the king and the inferior chiefs to prostitute themselves to all comers, and a woman is none the less esteemed for being common. Although polygamy is permitted and the number of wives is not limited, this is a liberty of which few beside the chiefs make use. Ordinarily a man has but one wife ; but he can repudiate her when he will. The daughters of the royal house may only marry men of low birth, but they have the right to dismiss them when they like and take others, provided they are not related by marriage to them. If these husbands be guilty of infidelity, they may cause them to be tomahawked ; but they themselves are not bound by the same law. They may even have as many lovers as they please without any right on the part of the husband to object ; ^ Qharlgvoix, vi, 4, MARITAL JEALOUSY 107 this is a privilege attached to the royal blood. The husband stands upright in his wife's presence in a respectful attitude ; he does not eat with her ; he addresses her in the same tone as her servants do. The sole privilege that an alliance so onerous procures him is to be exempt from labour, and to have authority over those who serve his wife." The chiefs had a right to take any girl they pleased into the number of their wives. They generally visited them at their parents' houses. Jealousy was not a national charac- teristic. The Natchez even lent their wives without ceremony : whence it was, the Jesuit Father opined, that it was so easy for them to dismiss them and take others instead.^ The hospitality which provides a temporary wife for a guest is mentioned by Captain John Smith as practised by the natives of Virginia when it was first colonised. He describes the ceremonies on the visit of a distinguished stranger, and concludes by saying; "Such victuals as they have they spend freely ; and at night where his lodging is appointed they set a woman fresh painted red with pocones and oil to be his bed-fellow."^ The Zdparos of Ecuador are addicted to the stealing of women, even among themselves. '* A man runs away with his neighbour's wife, or one of them, and secretes himself in some out of the way spot until he gathers information that she is replaced, when he can again make his appearance, finding the whole difficulty smoothed over. In their matrimonial relations they are, as indeed in the practice of all their customs, very loose — monogamy polygamy communism and promis- cuity all apparently existing amongst them. Entirely 1 Charlevoix, vi, 181, 184. ^ Smith, Worhsy 73. io8 PRIMITIVE PATERNITY contrary to other neighbouring tribes, they are not at all jealous, but allow the women great liberty, and frequently change their wives in the manner above mentioned, or by simply discarding them, when they are perhaps taken up by another." ^ Succession in Porto Rico at the time of the Spanish Conquest was probably matrilineal. Every bride had to undergo the jus pjHmcE noctis on the part of the guests of her husband s rank.^ In Central Brazil the Boror6 are divided into two classes : those who dwell in family huts, comprising the heads of families and married men, and those who in- habit the men's houses. The bachelors who occupy the latter lay themselves out to catch girls, whom they then hold in common among smaller groups. The abduction of these girls is frequently accomplished in open daylight. All the men are reckoned fathers of any children they may bear ; nor does this mode of life seem to affect the social esteem in which they are held.^ The Cafiaris Indians of Quito traced their descent from a mythical woman who had commerce with two men who were brothers, and gave birth in consequence to six children, the ancestors of the tribe.* The intimate connection between mythical tales and custom warrants us in suspecting that, whatever may have been the social condition of the Cafiaris at the time of the Spanish conquest, such relations between men and women were not unknown at an earlier and perhaps not very remote period. 1 A. Simson,/. A. I. vii. 505. 2 Jigp. Bur. Ethn. xxv. 48. 3 von den Steinen, 500, 502. Rhode records that the Boror6 women on the banks of the Paraguay have little chastity; they made him and his men frequent overtures (Ploss, Weib^ i. 300). * Markham, Rit^s and Laws, 8. MARITAL JEALOUSY 109 The marriage customs of the AustraHan natives have been the subject of much discussion by anthro- pologists during recent years. We need not here concern ourselves with their disputes, for the main facts I am about to cite are, so far as I am aware, un- challenged. In the Dieri tribe of South Australia, when the young women come to maturity there is a ceremony called Wilpadrina, in which the elder men claim and exercise a right to them, and that in the presence of the other women.'^ This, it may be said, is a puberty rite intended to introduce the girls to the status of women, and not to be repeated. But it is not all. The tribe, like other Australian tribes, is divided socially into a number of groups of men on the one side and women on the other, the members of which from birth stand in the relation of noa (that is, potential spouses) to one another, and marriage outside the group is forbidden. The potential marriage may be converted into the tippa-malku relation (actual marriage) by formal betrothal in childhood or apparently at any time after. The tippa-77ialku re- lation is not however exclusive appropriation. It is qualified by that oi pirrauru, an institution by which either or both of the spouses may be allotted and re- aliotted from time to time to a group of secondary spouses of the appropriate sex, who are noa to them. The persons who are pirrauru to one another may always exercise conjugal rights in the absence of the tippa-malku spouse. On certain occasions a tirrauru husband may even have prior rights to a tippa-malku husband ; and he has the duty of protecting his pirraiiru wife during her tippa-malku husband's 1 Howitt, 664. no PRIMITIVE PATERNITY absence. ** When two brothers are married to two sisters they commonly live together in a group- marriage of four. When a man becomes a widower he has his brother's wife as pirraurit, making presents to his brother " in return. A man will sometimes lend h\s pirrauru to young men who have none with them or to whom none have yet been allotted, receiving in return presents of weapons trinkets and other things, which he gives away to prominent men and thus adds to his own importance. A visitor of the proper exogamous moiety of the tribe and connubial group {noa) is offered his host's tippa-malku wife as a temporary /^Vr^/^r/^. Outside the relation oi pirrauru men have access also to unmarried girls and widows of the group in which they have connubial rights. Moreover, there are times when free intercourse takes place between the sexes " without regard to existing marriage relations. No jealous feeling is allowed to be shown during this time under penalty of strangling," though it may crop up afterwards. Such an occasion would be a corrobboree at which the tribe meets an adjacent tribe, as on the marriage of a member of the one tribe with a member of the other tribe.^ Women too are always sent on embassies to neighbouring tribes to settle disputes. If possible the women chosen are such as belong to the tribe to which the embassy is sent. They are accompanied by their pirraurus as being more likely to be complaisant to their acts than their tippa-malku husbands would be. For " it is thoroughly understood that the women are to use every influence in their power to obtain a successful ^ Howitt, 175-185. Men sometimes exchange their tippa-malku or their pirraurn wives, MARITAL JEALOUSY til issue for their mission, and are therefore free of their favours," subject always to their paramours being of the proper connubial class. If the mission be successful, " there is a time of licence between its members and the tribe, or part of a tribe, to which it has been sent. This is always the case ; and if the Dieri women failed in it, it would be at peril of death on their return. This licence is not regarded with any jealousy by the women of the tribe to which the mission is sent. It is taken as a matter of course. They know it, but do not see it, as it occurs at a place apart from the camp." Women of the latter tribe usually accompany the embassy back to testify the approval of their tribe to the agreement arrived at ; and though we are not expressly told we may assume that the same licence occurs in their case.^ It is clear that while jealousy exists among the Dieri, it is very imperfectly developed.^ The next question is how these sexual complexities and licence affect the children. The answer is : In no way to their disadvantag-e. Their lineas^e is counted exclu- sively through the mother. They belong to their mother's totem and exogamous intermarrying class, whoever is their father. They call all their mother's husbands, whether tippa-malku or pirrau7'u, fathers ; though on close inquiry they would distinguish the former as their " real father" or " very father," calling the others "little father." In like manner they call the pirrauru wives of their mother's tippa-7nalku 1 Howitt, 682, 2 Jealousy, it is right to say, does attach to the pirrauru status; but apparently not so much in reference to occasional acts as lest further pirrauru relationships be entered into. And it is very far from being a specially masculine phenomenon (Howitt, 182). ti2 PRIMITIVE PATERNITY husband as well as their own mother by the name of mother, distinguishing them if necessary as "little mothers." Reciprocally they are called "son" or " daughter " by their mother's male pirrauru,^ and probably by her female partners in ih&pirrauru group. For we read that " in the event of a tippa-malku wife dying, a pirrauru wife will take charge of her children and attend to them with affection and not in any manner as a step-mother. It must be remembered," Dr. Howitt goes on to say, " that a man's wives whether tippa-malku ox pirraurtt are in the relation of sisters either own or tribal." ^ Here he hits the heart of the difficulty around which anthropologists are still disputing. The Australian terms of relationship are so wide that in the present state of the discussion it is unsafe to build any argument upon them. One result, however, emerges : they do not necessarily convey any assertion as to physical relationship in the same way that ours do. The sexual arrangements of the Dieri have been laid bare in greater detail than those of any other matrilineal tribe in Australia. To avoid repetition it may be said there is general correspondence in the institutions of all such tribes, at all events in the south-eastern part of the continent. In some it would appear that the licence is even greater and amounts at times to absolute promiscuity.^ In New South Wales ^ Howittj/. A. I. XX. 58, We cannot consider it surprising that " frequently the women say they are ignorant which man, the Noa or the Pirrauru, is the father of any particular child, or they do not admit that there is only one father." 2 Id. 184. ^ E.g.^ the now extinct tribe of the Kurnandaburi, Howitt, 192, 193 ; the Wiimbaio, Tatathi and Keramin, Id. 195. Other ex» MARITAL JEALOUSY 113 where uterine descent generally prevails it is an almost universal rule that visitors to a neig^hbourinof tribe having the same class organisation are accommo- dated with temporary wives. When two brothers (using that word in the extended sense of Australian relation- ships) have quarrelled and wish for a reconciliation one of them sends his wife to the other's camp, and a temporary exchange is effected. At a grand assembly of the tribe, or as a magical rite to avert some threatened calamity, a general exchange of wives sometimes takes place/ A calamity is not foreboded every day, and grand assemblies of a tribe are be- coming constantly rarer : hence this custom is not of frequent occurrence. The practice of other tribes may however lead us to suspect that it was formerly by no means uncommon. At any rate there is a good deal of sexual licence at all the gatherings for puberty ceremonies.^ Another district in which matrilineal institutions prevail is the western side of the continent of Africa. Many of the tribes both of Negroes and Bantu are comparable for laxity to the Australians. Thus of the Bahuana, a tribe inhabiting the banks of the Kwilu, an affluent of the Kasai in the Congo basin, we are told that sexual morality is conspicuous by its absence. " The unmarried indulge as they please from a very early age, the girls even before puberty. Hence virginity in a bride is never expected and never found." amples of more or less restriction are the Kamilaroi {Id. 208), the Geawegal {Id. 217), the Wakelbura {Id. 224), Compare the customs of the aborigines of North-West-Central Queensland, Roth, Ethnol. Stud. 174, 175, 181, 182, ^ A. L. P. Cameron,/. A. I. xiv. 353. ' Mathews, Ethnol. Notes, 68. II H 114 PRIMITIVE PATERNITY Marriage is the result of choice on both sides and is preceded by the intercourse of the parties. The women cultivate the land. When the girl goes to the fields she is followed by her lover. He tells her that he desires her and wooes her with a gift. If she succumb to this courtship she admits him to her favours there and then. This is repeated day after day until ** his heart becomes big" or he has no more of the native currency of brass rods to bestow upon her. Then he goes to her mother with a present which includes a fowl, and tells her that he wants to marry her daughter. " I don't mind," says the mother ; and he thereupon takes the girl to his hut without any further fuss. Divorce it is true is unknown. But marriage makes little difference in a woman's continence ; " and it may be said that the only time during which a woman contents herself with her husband is during pregnancy, since it is believed that adultery at this period would prove fatal to the child." Abortion, as might be expected, is common. Jealousy is so far developed that the husband considers adultery on the part of his wife when discovered to be a personal injury, for which compensation is assessed by the chief. Unless the mother be his slave the father has very little authority over the children, who are sent to their maternal uncle at puberty. There is no difference in the treatment of legitimate and illegitimate children. The only prohibited degrees are said to be mother and and son, and brother and sister.^ In the cataract region there is a secret guild called 1 Torday and Joyce,/. A. I. xxxvi. 285 sqq. Sexual indulgence by children is not considered in the slightest degree shameful, and parents do nothing to check it. MARITAL JEALOUSY 115 Ndembo into which both sexes are admitted. Children young people and middle-aged men are all to be found in the vela, or home, where the mysteries are conducted. Some pass through the mysteries more than once. When it is decided to initiate a number of persons in a district the vela is built outside the town. Those who desire to be admitted feign sudden death. After awhile the si^ht of these cases " induces a form of hysteria among the natives, who fall and are actually carried off in a state of catalepsy." They are all brought to the vela, where they remain for a term varying from three months to three years. The details of the rites do not concern us, except that no clothes are worn, for "there is no shame in ndembo!' "Both sexes live tosfether, and the grossest immoralities are practised. In this respect however," says a missionary, " some districts are worse than others, but the King of Congo, long before we went out to him, had pro- hibited the custom in the town of San Salvador as too vile to be permitted. For the same reason it was not allowed in some other towns. These were, however, but a few exceptions ; the vile and senseless custom was almost universal." When the novices return fully initiated, they are supposed to have actually died and underofone resurrection.^ Mr. Herbert Ward describes a rite which he calls N' Kimba or Ftta Kongo, but which appears to be similar to, if not identical with, that just referred to. According to him it is a sort of mag^ical rite to increase the fertility of the women. " When the elders of a village consider that the women are not bearing the usual proportion of children they proclaim an ' N'Kimba.' The charm-doctors and ^ Bentley, Pioneering, i. 283. ii6 PRIMITIVE PATERNITY other active agents of the rite take up quarters in an isolated forest, where they are soon joined by numbers of voluntary initiates. Boys and men of any age are eligible, as also girls and women who have not borne a child. Full sexual licence is permitted." As in the case of the ndemho death and resurrection are supposed to be suffered by the candidates, but we are told that the process " usually lasts five or six years." ^ These are special observances of a quasi-religious character and only take place at certain intervals. But Sir Harry Johnston, speaking in general terms of the same region, declares that chastity is unknown ; a woman's honour is measured by the price she costs ; and but for jealousy of the men there would be promiscuous intercourse. Even this jealousy is often easily laid. A trifling fine in many districts is deemed sufficient penalty for adultery, though elsewhere, as we have seen in a previous chapter, the punishment is death. On the other hand the men are far from dis- playing anything but satisfaction when a European is induced to accept the loan of a wife either as an act of hospitality or in consideration of some small pay- ment. The testimony to the incontinence of the West African native is in fact universal ; and masculine jealousy is founded on nothing but the bride-price and the property in the woman obtained by payment.^ Mr. Monteiro, writing of the Mussurongo Ambriz and Mushicongo tribes, says : " The Negro knows not love affection or jealousy. Male animals and birds are tender and loving to their females ; . . . but in all the long years I have been in Africa I have never seen a Negro manifest the least tenderness for or to ^ /. A. I. xxiv. 288. ^ Johnston, Congo, 404. MARITAL JEALOUSY 117 a Negress. . . . They have no words or expres- sions in their language indicative of affection or love. Their passion is purely of an animal description, unaccompanied by the least sympathetic affections of love or endearment. It is not astonishing, therefore, jealousy should hardly exist ; the greatest breach of conduct on the part of a married woman is but little thought of. The husband by their laws can at most return his wife to her father, who has to refund the present he received on her marriage ; but this extreme penalty is seldom resorted to, fining the paramour being considered a sufficient satisfaction. The fine is generally a pig and rum or other drink, with which a feast is celebrated by all parties. The woman is not punished in any way, nor does any disgrace attach to her conduct. Adultery on the part of the husband is not considered an offence at all, and is not even resented by the wives. It might be imagined that this lax state of things would lead to much immorality ; but such is not the case, as from their utter want of love and appreciation of female beauty or charms they are quite satisfied and content with any woman possessing even the greatest amount of the hideous ugliness with which nature has so bountifully provided them. Even for their offspring they have but little love beyond that which is implanted in all animals for their young." ^ Post cites an old Italian writer for the statement that it was quite customary in Angola Ginga Cassange and Congo to lend and exchange wives, and other writers aver the same of the Mpongwe.^ Islam has made much progress among the peoples ^ Monteiro, i, 243. ^ Post, Afr.Jur. \, 471, 472. iiS PRIMITIVE PATERNITY of Senegal. But pagan tribes still exist whose manners have the ordinary Negro characteristics. The Mancagnes, for instance, permit antenuptial licence ; and the birth of a child, especially a girl, in consequence is received by the mother's parents with sacrifices of joy and feasting similar to those consequent on the delivery of a married woman. A bride-price is paid for a wife, nor is there any regard for her personal wishes. She ought in theory to be faithful after marriage to her husband, or her family may be called upon to repay her bride-price and she herself may be subjected to corporal punishment. But in reality she is the butt of attentions on the part of all the young men, who from the age of fifteen stop short of nothing to obtain her at every opportunity.^ It is customary among several of the West African tribes for the wife to have a recognised lover. Among the Bullams Bagoes and Timmaneys female chastity is only valued to the time of marriage. It would be thought extremely impolite and ill-bred for a married woman to reject a lover's overtures. True, " she is liable to severe punishment if discovered, yet it does not at all affect her reputation," unless she have previously made a vow to her husband not to go astray for a certain period, " Almost every married woman has, according to the country custom, her yange^ canted, or cicisbeo, whom^ she first solicits. This connection she is at little or no pains to conceal ; and her husband is often obliged to be silent, as otherwise he would have reason to dread worse consequences. For although the laws of the country are severe against adultery, it requires the arm of power, even among themselves, to put them ^ Leprince, V Anthropologies xvi. 59, 62. MARITAL JEALOUSY 119 in force." If pregnancy result from any of these amours the woman is said to declare the paternity of the child before it is born.^ A husband among the Brames, we are told, reckons it a special merit in his wife to have many lovers.^ The Mbres about Lake Tchad (if I am right in supposing them to be a matrilineal people) practise fraternal polyandry.^ Among the Tshi-speaking peoples of the Gold Coast ** chastity per se is not understood. An un- married girl is expected to be chaste because virginity possesses a marketable value, and were she to be unchaste her parents would receive little and perhaps no head-money for her. It is therefore a duty she owes to them to remain continent. A man who seduces a virgin is compelled to marry her, or if her parents will not consent to the marriage to pay the amount of the head-money. In the latter case, her marketable value having been received, any excesses she may commit are regarded as of no importance. A married woman is the property of her husband, and consequently may not bestow her favours without his permission. But a married man can and does lend his wife, and the wife submits to be lent, without either of them supposing that they are committing an offence against morality. Many husbands, moreover, en- courage frailty on the part of their wives, hoping to profit by the sums which they will be able to extract from their paramours. Throughout, the woman is re- garded as property. The daughter is the property of '^ Matthews, Voyage, 119. 2 Post, Afr. Jur. i. 468, citing Waitz. ^ L Anthropologie, xiv. 229, citing and reviewing an article by Capt. Truffert in Rev. Ge'nerale cies Sciences, Jan. 30, 1902. 120 PRIMITIVE PATERNITY her mother, and the wife in a more limited sense that of the husband."^ Similar customs are reported of the Ewhe-speaking peoples of the Slave Coast.^ In both cases it will be observed that the want of chastity- is regarded purely from the point of view of property. In an unmarried girl it reduces her market-value ; in a married woman it is only reprehensible when the act is committed without the concurrence of the husband. The moral question is not considered ; and lineage being counted only through women, there is no question of a possibility of tainting the descent of the issue. The customs of the Negro tribes of the Ivory Coast subject to French rule have been investigated by government officials for juridical purposes. Among some of these tribes, although matrilineal, \X\^ potestas is vested in the father and has attained considerable development. Yet virginity is not required in a bride, and marital jealousy is so feeble a passion that adultery on the part of the wife entails no consequences upon her, or at most only a few blows. The partner of her guilt (if guilt it be) pays an indemnity, often quite small, to the husband, except among the Abrons, where he pays nothing if he belong to a different clan, though to avoid reprisals he generally makes him a present of a few bottles of gin. On the other hand the wife has, among several of the tribes, something to say to her husband's extra-matrimonial love-affairs, and does not forget to exact compensation. Divorce is in general easy on either side. Adulterine children are regarded little if any worse than others. They usually rank as the husband's legitimate offspring : in any case they belong to the wife's family. Among the Brignan, if ^ Ellis, Tshi^ 286. 2 j(^ Ewe, 201, 202. MARITAL JEALOUSY 121 the husband divorce his wife for adultery, or refuse to recognise the offspring, he has no claim against the paramour for compensation. Some of the littoral peoples have a curious custom by which a man has a right to take away any other man's wife on paying her husband compensation.^ Among the Barea and the Baze of northern Abyssinia, the pregnancy of an unmarried girl is by no means a subject of dishonour. Her children are as welcome to the family as if she were married ; nor has her lover any resentment on the part of her relatives to fear. Young people of both sexes have full sexual liberty, which also extends to divorced women. As regards married life, however, there is a great differ- ence between these two tribes. The women of the latter are described as very free ; the husbands are accused of lending their wives to their guests ; and all conjugal fidelity is called in question. This however is the account given by the Barea and may be in- tended merely to emphasise their own claim to a higher morality. The wives of the Barea are everywhere regarded as being exemplary in their fidelity to their husbands — a notable exception among East African women. Yet neither among them nor among the Baze is adultery treated as a crime. A husband finding a stranger with his wife has merely the right to thrash him.^ Among the Wayao and Mang'anja of Lake Nyassa the girls are taught in their puberty ceremonies that they must be faithful to their husbands, else the latter ^ Clozel, loi, 97, 149 sgq., loo, 194, T98, 200-203, 398, 436, 439. 458, 460, 459. Munzinger, 486, 524, 525, 502. 122 PRIMITIVE PATERNITY will kill them. This is a threat which, we learn, "goes perhaps a little beyond the truth." But the husband has the right to enforce it, as well as to inflict the same penalty on the seducer. Yet a native man will not pass a solitary woman, and her refusal of him would be so contrary to native custom that he might kill her. The missionary who reports this assumes that it would "apply only to females that are not engaged." But it is obvious that if the native men act in this way resistance by the women is not common. The husband of a faithless wife cannot return to cohabita- tion until another man has had ceremonial intercourse with her. The identity of the latter man is said to be concealed from the husband, lest from jealousy he kill him. Seeing, however, that his act is a ritual per- formance intended to render future cohabitation by the husband safe, it may be surmised that the real reason for concealment is different. It is a wife's duty to prepare food for her husband. " When a wife has been guilty her husband will die if he taste any food that she has salted " in the course of cooking. Here we perhaps have the real ground of the husband's right to kill the guilty wife : it is the danger to his own life arising from causes usually classed as sympathetic magic, not merely sexual jealousy. A girl who is betrothed but not yet actually married is liable to the same penalty. Infant betrothal is common ; and it is the custom that betrothed girls often cook food for their intended husbands, who must therefore run the same risk as if actually married. Two married men on the other hand will often lend one another their wives. A man who has committed adultery with the wife of another and been found out will compromise MARITAL JEALOUSY 123 the latter's claim on him for compensation by lending him his own wife. Further, on emerging from the puberty ceremonies every one whether girl or boy must find one of the opposite sex with whom to have ceremonial intercourse : so little virtue is attached to sexual purity in itself^ The Guanches of Grand Canary and Gomera held it to be one of the first duties of hospitality for the host to offer his own wife to a guest ; and refusal of the courtesy was considered an insult. The people of Lanzarote, another of the Canary Islands, practised polyandry. Many of the women had three husbands "who held the position in turn by months, the one next to succeed to the honour serving until his time came to be lord." The Gomerans at least seem to have been in the stage of motherright : probably the inhabitants of the other islands were in the same stage. In Grand Canary the lord of the district had a his p7'imcB nodis over all girls ; but he might if he pleased depute it to one of the nobles.^ The tribes inhabiting the Elema district of New Guinea bordering on the Papuan Gulf still reckon kinship through the mother. But the development of the ■<^dX^x:'i\2\ potestas has been considerable, and it is significant that theft of property and sexual immorality are by the native law identical and bear a common penalty, namely, death. This is said to have been laid down by their original male ancestor Ivu, who came out of the ground and married a woman whom he delivered out of the trunk of a tree. The tribal ^ Duff Macdonald, i. 126, 173, 119; Capt. C, H. Stigand, J. A. I. xxxvii. 122. 2 Cook, Amer. Anthrop, N. S. ii. 479. 124 PRIMITIVE PATERNITY legends turn like the tale of Troy upon the theft of a woman/ On the north-eastern coast of the island, how- ever, among the Yassiassi the husbands prostitute all their women, their wives and daughters alike. They are great traders and the observer who reports this custom suggests that it is to be ascribed to their trading propensities.^ In the Marshall Islands no value is placed on antenuptial chastity, and sexual intercourse is quite free until marriage, except in the case of daughters of chiefs and families of high rank on the island of Nauru, where the population is Polynesian. It is a disgrace to bear an illegitimate child on Nauru. To obviate such an accident abortion is allowed. On the same island fraternal polyandry exists, though not common ; and children born of such unions are reckoned as those of the entire group of husbands. On the other islands a married woman is by no means restricted to consort only with her own husband ; but on Yaluit at least she denies him a corresponding liberty. On Yaluit there are women who instead of marrying entertain a succession of temporary lovers. They are call karrainnteri'- (bushwoman). This mode of life is not regarded as specially disgracelul, for the chief's wife will as readily admit to her society a bushwoman as any other of her sex. Throughout the islands husband and wife usually separate after a longer or shorter time ; and a case is reported from Nauru in which a man of twenty-four had already had eleven wives, of whom some had left him and others he had left. On Yaluit the husbands lend their wives in ^ Rev. J. H. Holmes,/. A. I. xxxiii. 127. 2 Dr. Rudolf Poch, Globus^ xcii. 279. MARITAL JEALOUSY 125 exchange for payment. Not that this occurs against the woman's will : they are too independent for that : in most cases it is their inclination that is gratified. It need hardly be said that adultery is quite customary and is unpunishable. On Nauru the husband some- times takes a sterner view, but he has no right to put his wife or her paramour to death ; and if he divorce her the latter commonly marries her. Rape is not punished ; on Yaluit resistance by a woman is unknown.^ On Ponape, one of the Caroline Islands, exchange of wives between friends and relations is occasionally practised.^ At Tonga where, contrary to the general rule among the Polynesian peoples, descent was traced through the mother sexual licence was more restricted than on most of the islands where agnatic kinship prevailed. Examples of domestic happiness were by no means uncommon. Yet even there we are told there was lasciviousness, great licence existed and it was difficult to designate with certainty the father of a child. On the other hand the women were kindly and considerately treated and almost idolised by the men.^ On Guam, one of the Ladrone Islands, it was cus- tomary for young men to live in concubinage with girls whom they "purchased" from their parents by presents; nor did this injure the girls' prospects of marriage after- 1 Kohler, citing official reports, Zeits. vergl. Rechtsw. xiv. 417, 416, 418, 433, 445; Steinmetz, 432, 433; Brandeis, Globus, xci. 76. In Yaluit, however, the penalty for adultery with a chief's wife is death ; and where a chief is married to a lady of high rank and exercises his undoubted privilege of an amour with any woman of his tribe, his wife will not seldom put her to death, which apparently she has a right to do. In both cases the offence is really a kind of lese-ntajeste . ^ Christian, 74. West, 270, 260. Cf. Mariner, ii. 141 sqq. 126 PRIMITIVE PATERNITY wards. Frequently a number of young men and girls lived together in a large house, probably one of the bachelors' houses common in the East Indies. Marriage was monogamic, but divorce was easy and of frequent occurrence, the children and household pro- perty being always retained by the wife. If a woman discovered her husband to be unfaithful, with the aid of the other women of the village armed with spears he was chased from the house, his growing crops were destroyed, the contents of the house were appropriated and the house itself sometimes pulled down. On the other hand the husband had no redress against his wife for her unfaithfulness though he might chastise her paramour.^ Motherright is the rule on the islands of Leti Moa and Lakor. Sexual intercourse previous to marriage is free, but secret. The fidelity of the married women is renowned. To speak to a married woman save in her husband's presence is forbidden, and renders the man who does it liable to a fine to her husband her family and the chiefs. Divorce however is easy. It can be obtained for the wife's adultery, or for illusage on the part of the husband, or to avoid disputes. A great religious festival is held yearly at the time of the eastern monsoon to implore from Grandfather Sun, the chief Nature Spirit, rain and plenty of food and drink cattle children and riches. It lasts a month. The nunu-tree is sacred. Grandfather Sun comes down into it to fertilise Grandmother Earth, and the people must await his coming and take part in his enjoyment with dances and saturnalia. In former years it was an essential part of the rite that ^ W. E. Safford, Amer. Anthrop. N. S. iv. 715, MARITAL JEALOUSY 127 men and women had promiscuous intercourse in public/ The same festival with the same rite is celebrated also on the islands of the Babar Sermata and Luanof group. The men of Luang too go for months to- gether on journeys, and the wives left behind very often forget them. Some indeed lay themselves out to seduce the men who remain, especially strangers, so as to profit by their fines on their husbands' return. For on all these islands any jealousy that may be entertained by a husband is not due to the injury inflicted on his wife's virtue by her infidelity, or to the loss of her affection ; nor of course is it the contamina- tion of the blood of her descendants, since the mother alone counts as the source of kinship. It is simply and solely because she is regarded as property.^ The people of the Timorlaut islands, who are, as we have seen, on the border-line between motherright and fatherright, are by no means faithful spouses. The men make great use of magical means to excite love on the part of the women whom they desire. The favourite prescription is a philtre composed of finely chopped roots mixed with lime prepared by the lover himself, and believed to "be extremely potent. It is forbidden therefore to unmarried men to prepare lime, though it is universally made use of for chewing with pinang. Inasmuch as sexual intercourse is free to the unmarried and always precedes marriage, it is obvious that this prohibition is not aimed at the seduction of unmarried girls. Husband and wife 1 Riedel, 370, 3S4, 387, 390, 372. 2 Van Hoevell, Int. Arch. viii. 134; Riedel, 314, 325, 323, 335, 351. As to the general meaning of the rite and the festival above referred to see Frazer, G. B. ii. 205. 128 PRIMITIVE PATERNITY however are said to live on good terms with one another despite the prevalent infidelity. The wife may indeed be divorced for adultery, and in that event the bride-price must be repaid. But she must not be struck, otherwise her relatives will interfere and avenge her. She may on the other hand beat her husband with a stick without being liable to any penalty. If he illuse her she may leave him and take the children with her, nor can he obtain repay- ment of the bride-price.^ On the Poggi Islands off the west of Sumatra it is said the marriage contract is unknown. The sexes cohabit at will and the children belong exclusively to the mother. The father indeed is for the most part unknown, and in any case has never any right to them.^ This is probably a somewhat highly coloured picture. But it conveys the idea of a matrilineal society in which the marriage-tie is extremely weak, and change of spouse is frequent. With equal emphasis travellers and others who have come into contact with the natives of Borneo speak of the dissoluteness of various tribes of Dyaks. Thus of the Dyaks of the Syang district Schwaner declares that fidelity in marriage is in the eyes of both parties a chimera; of the Kampong of Dengan Kamai in the Katingan river-basin he reports that the men and women live mostly in promis- cuous intercouse, and of the Olo Ot in the interior of Koetei that no marriage contract is entered into. Kater says that among the Dyaks of Sidin in the western division of Borneo a woman may have more than one ^ H. O. Forbes,/. A. I. xiii. 20; Riedel, 302. 2 Wilken, Verwantschap, 672 note, citing Tijdschrift voor Ind. T. L. en Vk. iii. 327. MARITAL JEALOUSY 129 husband and that the women make use of the privilege without being the less respected on that account or without making any secret of it. It is certain, says Schwaner, that in the districts of Dusun, Murung and Syang the marriage bond is as lightly broken as it is commonly entered into without consideration and merely for the temporary gratification of appetite : a married pair separate easily and each of them enters as easily and thoughtlessly into a new bond. The laws are often strict against adultery ; but they are not used for the purpose of enforcing chastity by wives, whose peccadilloes are winked at if not encouraged, in order that compensation may be extracted from their paramours.^ The accounts of the natives of Borneo are often very fragmentary, and all of the foregoing may not reckon descent through the mother. If not, they enforce all the more strongly the argument of this chapter. The Orang Ot, one of the aboriginal tribes, have never been observed by any European traveller. Living in the inaccessible mountain-ranges of the in- terior they are very shy, and we only know them from reports of the other natives. So far as it is possible to judge from these reports they are in the stage of motherright. The girls choose their husbands and make the first advances ; the nuptial tie is very loose, "the sexes satisfying their desires as soon as time and opportunity allow." ^ Divorce is very common among the Khasis and Syntengs. 1 1 may be occasioned by a variety of causes, ^ Wilken, Verwantschap, 735 note, 748. ^ Ling Roth, ii, cxcvii. transcribing Schwaner's Notes. The same traveller reports very unfavourably of the sexual morality of the inhabitants of Melanhoei District in the Kahaijan river basin ; but his remarks are vague and inconclusive. II J 130 PRIMITIVE PATERNITY such as adultery barrenness incompatibility of tem- perament and so forth, or simply by agreement. Easy though it may be some formalities are necessary, and among the Khasis public proclamation is made by a crier through the village in these terms : " Hear, O villagers, that U. and K. have become separated in the presence of the elders. Hei ! thou, O young man, canst go and make love to K. for she is now un- married ; and thou, O spinster, canst make love to U. Hei ! there is no let or hindrance from henceforth." Either party is then free to marry again, but they cannot re-marry one another. So common are the divorces that the children are in many cases ignorant of even the names of their fathers.^ Ancient authors record similar traits in the manners of the barbarous nations with which they came into contact. The Massao-etai married each one a wife, but if we may believe Herodotus they had their wives in common. When a man desired intercourse with a woman all he had to do to avoid interruption was to hang up his quiver in front of the waggon.^ The historian attributes a parallel device to the Nasa- monians of Libya. Each man, he says, has many wives, and they have intercourse with them in common, each leaving his staff at the door when he goes to visit a woman.^ According to Strabo the people of Arabia Felix practised fraternal polyandry, and the several husbands adopted the same plan to secure privacy with the common wife.* When a Nasamonian married for the first time his bride was required to submit to intercourse with all the guests, ^ Gurdon, 79, 81. 2 Herodotus, i. 215. ^ /«', iv. 172. * Strabo, xvi. 4, 25. MARITAL JEALOUSY i^t receiving from everyone in turn a gift. The Augilae, like the Nasamones a Cyrenaic tribe, and the Balearic Islanders had the same wedding custom.^ The Auseans about Lake Tritonis were said not to marry but to have intercourse like cattle. In regard to the children Herodotus is obscure ; but we gather that they were at a certain age brought before an assembly of the adult men and there one or other of the men was formally recognised as the father.^ The women of the Gindanes wore leathern anklets, one, it was said, for every man with whom she had had intercourse ; and the more she had the higher she was esteemed, as having been loved by a greater number of men.^ Strabo following Artemidorus reports that among the Troglodytae, a nomadic tribe near the east coast of Africa, the women and children, except those of the chiefs, were held in common ; the penalty for inter- course with a chiefs wife was a sheep.'^ Julius Caesar attributes to the Britons a species of marriage which appears to be a combination of polyandry and polygyny. Every ten or twelve men, he says, had wives in common. Usually such men were brothers or fathers and sons. But the children born of these unions were reckoned to the husband who first married the mother as a virgin.^ This passage has been the subject of discussions into which we need not enter. The essential thing for our pur- pose is that the sexual relations of the women were such that the actual paternity of any of their children ^ Pomponius Mela, i. S; Diodorus Sic. v. i. ^ Herod, iv. i8o. A similar account is given by Mela (i. 8) of the Garamantae. 3 M 176, * Strabo, xvi, 4, 17. ^ C^sar, De Bell. Gall. v. 14. Cf. D on Cassius, xvi. 12. 132 PHlMiTIVE PATERNITY must have been difficult to determine, at all events within a narrower range than ten or twelve men, and the nominal husband was the reputed father. If this was the standard of morality in the comparatively civilised regions of southern Britain we cannot be surprised to find that in the wilds of Caledonia among the Picts, a matrilineal people, the women consorted openly with the best warriors.^ The ancient Irish, if Strabo's information may be trusted, were laxer still : he paints them as more abandoned than the Kamt- chadals or the Koryaks. They had intercourse, and that openly, with women including their own mothers and sisters.^ Whether this be strictly accurate or not (and the geographer intimates his own doubts on the subject) their voluminous sagas, put into literary shape in a much later age, testify to morality by no means exalted. They practised the hospitable custom of providing a temporary bedfellow for a guest — a custom not abandoned as late as the sixteenth century. When Cuchulainn and the heroes of Ulster sougfht the abode of Maive, queen of Connaught, and her husband Ailill to have their quarrels adjudged, thrice fifty maidens were placed at their disposal for the nights ; and Findabair, daughter of Ailill and Maive, fell to the lot of Cuchulainn. Before he left, however, Maive herself was wont to resort to his stead.^ Moreover Conchobar, king of Ulster, not merely exercised the pis primcB noctis over the daughters of all his subjects, ^ Dion Cassius, Ixxvi, i6. 2 Strabo, iv. 5, 4. 3 Irish Texts Soc. ii. 69, 81. See the adventure of the Bishop of Valence, a French emissary to Ireland in the year 1547-8, quoted by Froude, Hist. Eng. v, 74 note, from Memoirs of Sir James Melville, MARITAL JEALOUSY 133 but every man in Ulster gave him hospitality at night and caused him to lie with his wife. The same royal right is reported of other Irish monarchs.^ Accounts hostile, it is true, but not altogether destitute of credibility represent, both in the reign of Henry II. at the time of the first conquest and at the commence- ment of the Elizabethan troubles, a state of society quite inconsistent with the observance of the marriage laws known to the writers.^ Both Greek and Scandinavian stories of the gods are full of traces of sexual relations indicating a very imperfect development of jealousy among those divine beings, the reflection doubtless of their worshippers' be- haviour at the times when the stories came into being. Among the Scandinavians, even in historical times, 1 D'Arbois de Jubainville, V Epopee Celt. i. 7, 29. 2 Girald. Cambr. Topog. iii, 19; Froude, Hist. Eng. vii. 103, quoting a report to the Council, 1559, preserved among the Irish MSS. in the Rolls. A curious tale is told by Martin, writing on the Hebrides in the early years of the eighteenth century, illustrative of the morality of the islanders of Rona near Lewis. " When Mr. Morison the minister," it runs, " was in Rona two of the natives courted a maid with intention to marry her ; and [she] being married to one of them, afterwards the other was not a little disappointed, because there was no other match for him in this island. The wind blowing fair, Mr. Morison sailed directly for Lewis, but after three hours' sailing was forced back to Rona by a contrary wind ; and at his landing the poor man that had lost his sweetheart was overjoyed, and expressed himself in these words : ' I bless God and Ronan that you are returned again, for I hope that you will now make me happy and give me the right to enjoy the woman every other year by turns so that we both may have issue by her.' Mr. Morison could not refrain from smiling at his unexpected request, chid the poor man for his unreasonable demand and desired him to have patience for a year longer, and he would send him a wife from Lewis ; but this did not ease the poor man, who was tormented with the thoughts of dying without issue" (Martiq, PescripttoUy 23), 134 PRIMITIVE PATERNITY the marriage-bond was loose and chastity was not very seriously regarded. But we have no actual record of legal polyandry. The case of Greece is different. According to Polybius polyandry was customary at Sparta, where three or four men, or even more if they were brothers, were the husbands of the same woman. Unlike the British custom, the children we learn were reckoned to the brothers in common. The custom by which old men having young wives lent them to sturdy young men whom they picked out for the purpose of begetting beautiful children long continued to be observed. It shows the Spartans as more anxious to secure for their children handsome and healthy parents than them- selves to beget them. According to the current story Lycurgus went further. He favoured the lending of wives by others than old men and apparently even overtures by women, though perhaps not without marital consent. Thus their very tolerant sexual code and the complaisance of Spartan husbands were sheltered beneath the authority of the mythical legis- lator. Nor, if we may judge by Aristotle's ani- madversions, were the women at all inclined to allow his statutes to remain a dead letter.^ ^ Polybius, xii. 6; V\n\.., Lycurgus ; Xenophon, Rep. Laced, i. ; Aristotle, Pol. ii. 9. Aristotle relates that according to tradition the licence of the women was due to their having successfully resisted Lycurgus' efforts to control them by law. In classical times the legend ran that Cecrops first instituted monogamy at Athens ; before his time connections had taken place at random, men had had wives in common, and people did not know who their fathers were because of the number of possible parents (Athenseus, xiii. 2, quoting Clearchus of Soli). This is obviously, as Miss Harrison [Prolegomena, 262) says, a confused tradition of motherright (which we have already found reason to MARITAL JEALOUSY 135 Customs of a similar character obtained, if we may- believe classical writers, in other barbarous nations. It must be remembered that they are not recorded with anthropological exactitude ; they are told of nations often imperfectly known to the writer ; in many cases the statements are founded on reports by travellers and others incompetent, for various reasons, to give an accurate account. Yet with full allowance for all these objections, there emerges a body of evidence proving that in ancient times the cultured nations of the Mediterranean basin were surrounded by peoples, many of which displayed the same bestial or philosophic indifference to the actu.d paternity of their offspring as is found among back- ward peoples in almost all parts of the world. Nor was this indifference confined to savage and semi- savao^e tribes. The ancestors of some of the Greeks were related to have shared it, and we may suspect that all did so. The customs of Athenians as well as Spartans, even in historic times, were witness to it. This is not all. Among the many relics of lower stagfes of culture found in the luxurious cities of Western Asia their sexual customs were conspicuous. believe at one time prevailed at Athens) rather than trustworthy testimony of polyandry. My argument does not require me to insist that motherright is always accompanied by promiscuity or even what we should call laxity of morals. We know that it is not. But the law attributed to Solon and discussed in an earlier chapter probably was a survival and a limitation of a more extended freedom allowed to women. If this be so, light is shed on the tradition recorded by Clearchus ; and we may therefore be justified in suspecting th,e primitive Athenians of a social condition in which women changed their mates at will, and perhaps retained none of them long : a condition inconsistent, it is needless to say, with any effective masculine jealousy. 136 PRIMITIVE PATERNITY Lucian relates that at Byblus, at the annual mourning for Adonis, the women performed the well-known mourning rite of cutting off their hair. Any woman v/ho refused to do this was required to exhibit herself on one day of the festival and undergo prostitution to one of the strangers who resorted thither, handing over the price to the goddess called by Lucian the Byblian Aphrodite.^ This was an annual rite. Presumably at other times the woman preserved her chastity. But if we may trust the ecclesiastical historian Socrates the women of Heliopolis (Baalbec) were, down to the establishment of Christianity, required by the law to be common, so that the offspring were doubtful, for there was no distinction between fathers and children : a social condition which Constantine abolished.^ If we may believe Theopompus the historian (who wrote in the time of Alexander the Great), as quoted by Athenasus, a similar law governed the relations of the sexes among the Etruscans. He gives shameful details of their licentiousness, in the course of which he states that they brought up all the children that were born, nobody knowing who was the father of any child, and that the children imitated their elders in their frequent feasts and their intimacy with all the women. ^ But it is not only matrilineal peoples who are thus careless of the chastity of their women or the actual paternity of their children. Matrilineal freedom has often survived into fatherright in more or less 1 Lucian, De Dea Syria, 6. 2 Socrates, Htsi. Eccl. i. i8. In more general and rhetorical terms Eusebius, a contemporary witness, testifies to the same effect, Vita Const, iii. 58). See my paper in Tylor Essays, 192. ^ Athenseus, Deipnos, xii. 14. MARITAL JEALOUSY 137 abundant measure. Illustrations of this indifference have been given in a previous chapter to show that uncertainty of paternity cannot be the cause of the reckoning of descent exclusively through the mother. The special object of those that follow is to show that the insistence on chastity is not a necessary conse- quence of the change of reckoning. That alone does not Impose a higher standard of sexual virtue. It is the transfer of potestas to the husband (a gradual process commencing under motherrlght) which autho- rises him either to keep his women to himself or to dispose of them to other men at his own pleasure ; and subject to this they are often free. 11\\& potestas also is limited among many peoples by religious motives. What we should consider violations of chastity are commanded as religious duties ; and neither the husband nor the woman herself has any right to withhold her person from sexual intercourse on special occasions or with special persons. We may first consider a few cases in which the reckoning of kinship is undergoing transition or is made through bpth parents. Of South African Bantu the Herero are just passing from motherrlght to fatherright. Before marriage sexual intercourse is free. Yet some value is placed on virginity, and to secure it children are betrothed In infancy, after which on both sides chastity must be observed. The child of an unmarried girl belongs to the begetter if he choose to acknowledge it. In such a case It is treated well but excluded from the Inheritance, No compen- sation is payable for the seduction of an unmarried girl. Adultery on the part of a wife is the source of quarrels. The seducer is liable to pay the husband 138 PRIMITIVE PATERNITY compensation ; the wife may be repudiated but cannot be punished. On the other hand a husband will lend his wife in consideration of a present. Sometimes men will enter into a sort of partnership by which they hold their wives and cattle in common. The children however in all cases belong- to the legfitimate husband. This is a well recognised institution and is known as Oupanga (friendship).-^ On the Anibon and Uliase Islands two kinds of marriage exist, depending on the payment or non-pay- ment of a bride-price, and the children belong either to the husband's or to the wife's family accordingly. The people are reported to be libidinous, and, as in other parts of Indonesia, intercourse regulated strictly by law is looked upon as something unnatural. Satis- faction of sexual passion is deemed equally proper with that of hunger and thirst. Girls have free intercourse with old and young men, even before puberty, to such an extent that it is a shame to have few or no lovers. In this way they make acquaintance which ends in marriage with one or other of their admirers. It is true that an adulterer was liable forthwith to be put to death, but only when caught in the act, a con- tingency which probably did not very often occur. Divorce did not exist until European rule forbade the offended husband this summary vengeance. It is now decreed by the chief on proof of adultery continual disagreement ill-usage and the like. Some of the population are Mohammedans : in free and unlimited sexual intercourse they surpass all the rest.^ The 1 Kohler, citing various authorities, Zeits, vergl. Recht$'W, xiv. 304, 309, 298; Meyer, 56, 57, 62, 63, 3 Kiedel, 41, 67, 71, MARITAL JEALOUSY 139 practice of capture (or rather elopement, for it seems to have been preceded by an understanding with the bride) and the exaction of a bride-price have, we may conclude, developed the pairia potestas. Sexual intercourse is free to the unmarried also on the Keei or Ewaabu Islands and is usual. The women formerly lived in polyandry and the children belonged to the mother ; but women were captured in war and were regarded as the property of their captors, the children fellowing the father. This is the traditional manner of accountinof for the chancre from uterine to agnatic kinship. At the present time marriage is entered into either with or without payment of a bride-price ; and the reckoning of children to the father or mother depends on the payment. The husband has the right to send his wife away for adultery : the bride-price must then be repaid. If this cannot be done, her family unite to bring the pair together again. Many of the people are Mohammedans ; but their knowledc:e of Islam is very defective.-^ Matrimonial institutions therefore appear to be undergoing a parallel evolution to those of the Ambon and Uliase islanders. The Eskimo reckon kindred along both lines of descent. In spite of the vast extent of shore-line along the Polar Sea over which they are scattered their manners have a general resemblance. Infant betrothal is not uncommon, but as a rule the selection of a wife is made by a man after attaining puberty and giving proof of ability to support a family by his success in hunting and fishing. The lady usually feigns or feels aversion, and force is used to compel her. Poly- gamy is recognised, but is perhaps not very common, 1 Riedel, 219, 235, 236, 209, I40 PRIMITIVE PATERNITY " They conduct their marriage," says Crantz of the Greenlanders, " with tolerable good order ; at least they have art enough to conceal the breaches of conjugal fidelity, so that but little of it transpires. Yet it never passes over without angry looks and words on both sides, and sometimes the woman gets a black eye ; which is the more remarkable, as the Greenlanders otherwise are not quarrelsome or prone to strike. Neither is the matrimonial contract so irrevocable with them, but the man may put away his wife, especially if she has no children. This he does with little ceremony ; he only gives her a sour look, marches forth and does not return home again for several days. She perceives his meaning directly, packs up her clothes and removes to her own friends. Afterwards, in defiance to him, she demeans herself as prudent and agreeable as possible, to bring an odium upon him. Sometimes a wife elopes of her own accord if she can't agree with the other females in the house ; . . . But neither of these separations often occurs if they have had children together, especially sons, for sons are the Greenlander's greatest treasure and the best security of their subsistence. In case of separation they always follow the mother, nor are they to be prevailed on even after her death to return again to the father to support him in his old age." Discussing the moral character of the people in a later passage the same author, perhaps with a missionary's natural austerity, says: "Neither does their plausible outside modesty go far. I will not be particular about their young single people, because among them there are the fewest open breaches of chastity, though they are as filthy in secret as other nations ; but as to the grown- MARITAL JEALOUSY 141 up, It is certain their polygamy does not always spring from a concern for population, but mostly from lust. Moreover there are some women that are whores by profession, though a single woman seldom prostitutes herself to this scandalous trade. But as for the married people, they are so shameless that if they can they break the matrimonial obligation on both sides without a blush." ^ If we assume, as perhaps we may, that the *' scandalous trade " referred to had arisen from'contact with Europeans, the rest of the foregoing account may well stand for a fairly correct presentation of native manners. Egede, who was a missionary to Greenland for several years beginning in 1721, amply confirms it. He notes with some surprise that "the most detestable crime " of polygyny, though prevalent, caused no jealousy among the wives before the missionaries taught them its wickedness. Nor can jealousy have had a much deeper hold of the men. He describes by way of illustration a "game," at which after feasting singing and dancing, the men one after another disappeared behind a curtain withf each other's wives. " Those," he says, " are reputed the best and noblest tempered who without any pain or reluctance, will lend their friends their wives. . . . Especially the women think themselves happy if an angakok^ or prophet, will honour them with his caresses. There are even some men so generous that they will pay the angakok for it ; chiefly if they them- selves have no children ; for they fancy that an angakok! s child will be more happy and better qualified for business than others."^ The game referred to by Egede is similar to the lamp-extinguishing game ^ Crantz, i. 157, 158, 159, i6i. 2 Egede, 140 sqq. 142 PRIMITIVE PATERNITY described by other writers, one of whom says that a good host always has the lamps put out at night when there are g-uests in the house/ Among some Eskimo polyandry has been alleged to exist, and there seems to be foundation for the statement.^ "A strange custom," writes Dr. Boas, concerning the Eskimo of Davis Strait and Cumber- land Sound, "permits a man to lend his wife to a friend for a whole season or even longer, and to exchange wives as a sign of friendship. On certain occasions it is even commanded by religious law. Nevertheless I know of some instances of quarrels arising from jealousy. Lyon states, however, that this passion is unknown among the Iglulirmiut [of Baffin Land]. The husband is not allowed to maltreat or punish his wife ; if he does she may leave him at any time, and the wife's mother can always command a divorce. Both are allowed to remarry as soon as they like, even the slightest pretext being sufficient for a separation." A friend on a visit for a seasbn is accommodated with the loan of one of his host's wives if the latter have more than one. At the great religious feast of the autumn, the object of which is to drive away the evil spirits and procure fine weather for the coming- winter, two oio-antic masked figures appear. Silently with loi^.g strides they "approach the assembly, who screaming press back from them. The pair solemnly lead the men to a suitable spot and set them in a row, and the women ■•■ Nansen, 169. Is this the same custom as referred to by Schell, Globus, xciv. 86 ? According to him it would seem too that the Eskimo of East Greenland are matrilineal. 2 Nansen, 145, cites from Nils Egede a case of a woman who had two husbands ; but both she and tney were m^gahit. MARITAL JEALOUSY 143 in another opposite them. They match the men and women in pairs, and these pairs run, pursued by the qailertetang [masked figures], to the hut of the woman, where they are for the following day and night man and wife. Having performed this duty the qailertetang stride down to the shore and invoke the good north wind, which brings fair weather, while they warn off the unfavourable south wind. As soon as the in- cantation is over, all the men attack the qailertetang with great noise." They pretend to kill them. Presently however they are restored to life and are consulted as oracles by the men about the future.^ Jealousy is said to be more developed among the Eskimo of Hudson Bay. '* Monogamy is generally the rule, but as there are so many counteracting influences it is seldom that a man keeps a wife for a number of years. Jealousy, resulting from laxity of morals, produces so much disagreement that one or the other of the parties usually leaves with little ceremony. In rare instances, where there is a compatibility of temper and a disposition to continence, the pair remain together for life. Many of the girls bear children before they are taken for wives, but as such incidents do not destroy the respectability of the mother, the girl does not experience any difficulty in procuring a husband. Illegitimate children are usually taken care of by some aged woman, who devotes to [them] all her energies and affections." Elsewhere the same writer describes the intrigues to which the angakok lends himself for the purpose of gratifying the desires ^ Boas, Rep. Bur. Ethn. vi. 579, 581, 605 {cf. 606, 608); Bull. Am. Mus. N. H. xv. 141. The custom of exchanging wives appears in the traditional tales, e.g., Ibid, 225, 144 PRIMITIVE PATERNITY of men or women for change of spouse, and adds : " The shaman may do about as he pleases with the marriage ties, which oftener consist of sealskin thongs than respect and love."^ With regard to temporary exchanges similar to those of other Eskimo at festivals, Dr. Boas, writing of shamanistic performances among the Eskimo of the western coast of Hudson Bay, says: "It seems that the incantations of the angahit [pi. of angakok\ are always performed in the evening. After each of these ceremonies the people must exchange wives. The women must spend the night in the huts of the men to whom they are assigned. If any woman should refuse to go to the man to whom she is assigned she would be sure to be taken sick. The man and the woman assigned to him, however, must not be near relations."^ The more westerly Eskimo of Point Barrow make a great many changes before they settle down to a permanent union. They are also in the habit of exchanging wives for a period. *' For instance, one man of our acquaintance planned to go to the rivers deer-hunting in the summer of 1882, and borrowed his cousin's wife for the expedition, as she was a good shot and a good hand at deer-hunting, while his own wife went with his cousin on the trading expedition to the eastward. On their return the wives went back to their respective husbands. The couples sometimes find themselves better pleased with their new mates than with the former association, in which case the exchange is made permanent. This happened once in Utkiavwin to our certain knowledge. This ^ Turner, Rep. Bur. Ethn. xi. 178, 188, 189, 199, 200. 2 Boas, Bull. Am. Mus. N. H. xv. 158. MARITAL JEALOUSY 145 custom has been observed at Fury and Hecla straits, Cumberland Gulf, and in the region around Repulse Bay, where it seems to be carried to an extreme. According to Gilder it is a usual thing among friends in that reofion to exchange wives for a week or two about every two months." The writer from whom I here quote adds : "I am informed by some of the whalemen who winter in the neighbourhood of Repulse Bay that at certain times there is a general exchange of wives throughout the village, each woman passing from man to man till she has been through the hands of all and finally returns to her husband."^ Amono^ the Eskimo about Berina- Strait " a man may discard a wife who is a scold or unfaithful to him, or who is niggardly with food, keeping the best for herself. On the other hand, a woman may leave a man who is cruel to her or who fails to provide the necessary subsistence. When a husband finds that his wife is unfaithful he may beat her, but he rarely revenges himself on the man concerned, although at times this may form an excuse for an affray where enmity had previously existed between the parties. An old man told me," says Mr. Nelson, "that in ancient times, when the husband and a lover quarrelled about a woman, they were disarmed by the neighbours and then settled the trouble with their fists or by wrestling, the victor in the struggle taking the woman. It is a common custom for two men living in different villages to agree to become bondfellows, or brothers I Murdoch, Rep. Bur. Ethn. ix. 412, 413. This writer says, " We never heard of any of the hcentious festivals or orgies described by Egede and KumUen " (^Ibid. 375). This negative evidence is not conclusive in view of the general practice of the Eskimo elsewhere. II • K 146 PRIMITIVE PATERNITY by adoption. Having made this arrangement, when- ever one of the men goes to the other's village he is received as the bond-brother's guest and is given the use of his host's bed with his wife during his stay. When the visit is returned the sam.e favour is extended to the other ; consequently neither family knows who is the father of the children. . . . It is frequently the case that a man enjoys the rights of a husband before living regularly with the woman he takes for a wife, and nothing wrong is thought of it, unmarried females being considered free to suit themselves in this regard." The same writer describes the pairing at the autumnal festival in terms slightly different from those already quoted concerning the Central Eskimo, whence it would appear that sometimes, at all events, the choice of partners is not wholly at the will of the shamans. During the February moon another festival is held in honour of the dead and to obtain a good supply of game and food. It is called the Doll Festival, from a wooden doll or image of a human being, which is the centre of certain ceremonies in the kaskim, or assembly-house. '* During the continuance of the festival the namesakes of dead men are paired with namesakes of their deceased wives without regard to age, and during this period the men or boys bring their temporary partners firewood, and the latter prepare food for them, thus symbolising the former union of the dead." ^ A kind of thanksgiving ceremony is performed ^ Nelson, Rep. Bur. Ethn. xviii. 292, 360, 379, 494. The custom of bond-brotherhood, which is not uncommon in other parts of the world, generally entails community of wives {cf. Post, Studien, 32). MARITAL JEALOUSY 147 by the Asiatic Eskimo at certain times. It is called the "ceremonial of going around" and con- sists in a number of persons of both sexes turning sunwise a horizontal wheel fixed to an upright pole and singing to the beating of the drum. They go faster and faster until having wrought themselves up to a pitch of excitement they leave the wheel, and the men, still running in the same direction, chase the women all over the house. Every man has the right to sleep that night with the woman he may have succeeded in catching.^ In the face of these customs it can hardly be suggested that the Eskimo in general pay any regard to the chastity of their wives or the real paternity of their children. Jealousy, it is true, is more developed in some communities than others ; but it does not succeed in preventing or materially reducing libertin- age. Its only result is to multiply the changes of mate. On the other hand, the religious festivals and social observances of the race express and stimulate the fickle passions of both sexes. The reckoning of lineage through the father, so far as it obtains, means no more than the reckoning of patrilineal peoples through the mother's husband, the actual father being unimportant for any purpose. In the greater part of Melanesia descent is uterine and the people are divided into two or more exogamous classes. Dr. Codrington, after a full discussion of this organisation and of Melanesian society, arrives at the conclusion that there is reason to believe that in the exogamous divisions there are traces of a communal system of marriage. In practice on most of the islands, ^ Bogoias, Jesup Exped. vii. 402. 148 PRIMITIVE PATERNITY in spite of the laxity between boys and girls such as we have found elsewhere, female chastity is more highly valued than is usual in matrilineal societies. The islands, however, are not all alike in this respect It is noteworthy that two of the worst are Ugi and San Cristoval (two of the Solomon Islands) where uterine has given way to agnatic descent/ Infant betrothals are very common throughout the islands among the higher ranks of society, and virginity is probably preserved in such cases. Adultery was very strictly punished, yet on several of the islands compromise by payment was possible. On the other hand, divorce is easy and common, and is effected at the will of either party. Cases occur in the Banks Islands where a husband " connives at his wife's connection with another man. This is not counted adultery because it is allowed ; " but it is thought discreditable. The use of women given by way of hospitality according to the custom already mentioned would not of course be regarded as adultery for the same reason.^ On the Solomon Islands we are told conjugal fidelity is usually preserved within the limits of the same community, but the men of Santa Anna exchange wives with those of San Cristoval for a time and then take them back, restoring them to their original position in the home.^ In the Fiji Islands " all the evils of the most licentious sensuality are found," though it is fair to add that " voluntary breach of the marriage contract is rare in comparison with 1 Codrington, 21, 22, 27 sqq., 235; F. Elton, /. //. /. xvii. 93, 95; Guppy, 43 ; R, Parkinson, Int. Arch. xi. 199. 2 Codrington, 237, 243, 244, 246. 3 Guppy, 43. MARITAL JEALOUSY 149 that which is enforced." A chief sometimes gave up the women of a town to a company of visitors or warriors. Compliance was compulsory ; but the wives were required to disclose it to their husbands, other- wise they would be punished.-^ In the northern New Hebrides, during the cere- monies of initiation into the secret society of the Qatu, " if the women assemble, as they do, to hear the singing in the enclosure where the neophytes are being taught it is an allowed custom for men to carry them off and ravish them." ^ It may be said that this is punishment for prying ; but if the object were to prevent prying greater care would be taken, as among the Australian natives, to keep the women at a distance. It seems rather to be part of the proceedings. As such it must be well known to the women and does not deter them. In the Wainimala District of Viti Levu, Fiji, fatherright prevails. A secret society (ac- cording to another account two secret societies) existed until a few years ago, into which the youths were initiated with elaborate ceremonies. At one stagfe in the proceedings the women were summoned and entered the nanga, or sacred enclosure, which was at all other times forbidden to them. They entered on all fours, and after a short ceremony by the chief priest, returned in the same way. As soon as they emerged from the nanga the men, who had been hitherto concealed, rushed upon them with a sudden yell, and an indescribable scene ensued. " All my informants agree," says Dr. Fison, "in stating that the men and women address one another in the filthiest language, using expressions which would be ^ Williams, F/>V, 115, 147, - Codrington 87. 150 PRIMITIVE PATERNITY violently resented on ordinary occasions, and that from the time of the women's coming to the nanga to the close of the ceremonies very great licence prevails." Nor is this the only occasion. When a chief's son is circumcised a great feast follows, ushering a period of revelry. *' All distinctions of property are for the time being suspended. Men and women array themselves in all manner of fantastic grarbs, address one another in the most indecent phrases and practice unmentionable abominations openly in the public square of the town. The nearest relationships — even that of own brother and sister — seem to be no bar to the general licence, the extent of which may be indicated by the expressive phrase of an old Nandi chief, who said ' While it lasts we are just like the pigs.' This feasting and frolic may be kept up for several days, after which the ordinary restrictions recur once more. The rights of property are attain respected, the abandoned revellers settle down into steady-going married couples, and brothers and sisters may not so much as speak to one another."^ The Melanesian husband pays a bride-price for his wife ; he takes her to his own home ; and his potestas is highly developed even where motherright prevails. The woman occupy quite a subordinate position ; and on the whole it may be said that jealousy on the part of the husband seems to arise from his sense of property, rather than from any other cause. His property is not infringed by the voluntary lending of 1 Fison, /. A. I. xiv. 24, 28. Another account of these cere- monies by Mr. Adolph B. Joske of Fiji varies in some particulars from Dr. Fison's account and does not admit the licence {Int. Arch. ii. 254). Independent inquiry, however, as stated below, confirms the correctness of Dr. Fison's information. MARITAL JEALOUSY 151 wives as an expression of hospitality. But it is suspended at feasts or at the will of the chief in some of the islands, as part of certain ceremonies in others. The riiual licence just described in Fiji is expressly recognised as a suspension of property in women as in other things. Independent inquiry has elicited the confirmation of Dr. Fison's account of the circumcision ceremonies. The details are described as unfit for publication ; but Dr. Tylor quotes from them an ex- pressive phrase to the effect that on the fourth day, when food is no longer tabu but permitted, and the great feast is prepared, " it is said that there are no owners of pigs or women." ^ The inhabitants of the Barito river basin in the south of Borneo are addicted to feasts of a more or less religious character. They last for several days at a stretch and are the occasion of much licentiousness.^ The Kenniahs in British North Borneo have a festival called Bttnut in honour of the fertility of their women and of the soil. After certain ceremonies, including auguries and prayers to their God Lak6 Ivong, to come and bring the soul of the paddy seed, what is described as "a downright indecent rough and tumble" follows, in which men and women boys and girls all indis- criminately join, pelting one another with rice boiled in soot and with filth. A naked man, with an idiotic simper on his face, wanders in and out among the revelling crew and the women are made to touch him as he passes. This is obviously a fertility charm. ^ Fison, loc. cit., note by Dr. Tylor. It is even stated in one account that tribal brothers and sisters are intentionally coupled, thus compelling what at other times would be deemed, incest and as such deserving of the severest punishment. 2 Ling Roth, Sarawak, ii. clxxiii. transcribing Schwaner's Notes, 152 PRIMITIVE PATERNITY The interpretation is confirmed, if confirmation be necessary, by the fact that the grossest licence is permitted during the short period of the orgy. It comes to an end in about a quarter of an hour. The verandah in which it takes place is deluged with water and one or two women, sliding about the slippery floor with hand-nets, make believe to scoop up the slush for fear the rice they have wasted may never return to them again. ^ Among the Land Dyaks of Sirambau the Orang Kayas, or chiefs, according to St. John have many cases of adultery to settle, but these do not cause much excitement in the tribe : whence it is probably fair to infer that sexual morality is low, adultery common and easily atoned for. Such in fact seems to be the case, though they are reported to be more moral than the Malays. Divorces are very common, effected upon the slightest excuse ; nor has a woman any difficulty in replacing a spouse whom she has lost or herself repudiated. Marriage is a business partner- ship for the purpose of having children, dividing labour and providing by means of offspring for old age. It is therefore entered into and dissolved almost at pleasure. Either party may, it need hardly be said, put away the other for adultery ; but if a v/ife who gives this occasion for divorce be a strong useful woman her husband, instead of taking advantage of it, may accept from her lover a fine equal to twelve rupees and thus settle the matter.^ i.:Ling Roth,| Sarawak, i. 415, transcribing Brooke Low's notes. /, fj-..*it ^'fi^pf 2 St. John, i. 165, 166.^ Among other Dyaks there is jealousy. The wife will thrash her unfaithful husband, and the husband will thrash the paramour of an unfaithful wife. But divorce is effected MARITAL JEALOUSY 153 Sexual hospitality of the kind already referred to is provided by the Kyans and probably by some other tribes of Sarawak/ Amono- the Timorese of Dawan it is regarded as a great insult for a guest to refuse a wife or daughter offered to him by his host.^ The Malagasy may be said to have reached the stage of fatherright, but they retain visible traces of matrilineal descent. Their sensuality "is universal and gross, though generally concealed. Continence is not supposed to exist in either sex before marriage ; consequently it is not expected and its absence is not regarded as a vice." Indeed so great is the desire for children that not merely is sterility regarded as a mis- fortune or an opprobrium, but a girl who has already become a mother is looked upon as an advantageous match. There is no word in the Malagasy language to express a virgin ; the word mpitovo commonly used means only an unmarried girl. The negative evidence of words is proverbially fallacious. If we had only that afforded by the absence of a word for virgin we might hesitate to believe in the common incontinence of unmarried girls in Madagascar. It is, however, abundantly attested by European observers. simply by desertion, and on the slightest pretext. Many men and women marry seven or even eight times before they finally settle down„ Id. 56. ^ Ling Roth, Sarawak, i. 117, quoting Low. ^diSixdin [Indonesien, iv. 24), apparently referring primarily to the Tandjoeng Ban tang Dyak, states that the Dyak makes use of his wife to obtain wealth by means of compensation for her adulteries. But, as usual, his authority does not appear. From the interior of Peling he reports (pp. cit. 43) a practice of hiring the wife to strangers ; but this would seem rather a case of demoralisation arising from contact with strangers. Here again no authority is cited. '^ Post, Stttdien, 345, citing Riedel. 154 PRIMITIVE PATERNITY After marriage a wife is supposed to be faithful, and one of the many causes of divorce is the suspicion of infidelity. Yet on the other hand we are told that every child is welcome in the family without too great a solicitude about its origin. When the husband is at home his wife wears no badgfe distinofuishing" her from an unmarried woman, but during his absence, especially if in the service of Government, she wears a necklace of silver ringrs or beads or of braided hair to denote that she is married and therefore her person is sacred. In case of prolonged absence however a husband will give leave to his wife to have intercourse with another man. There is a special Hova word, saodranto, for this leave. Its existence affords positive evidence that the idea expressed is familiar, and consequently that the practice is relatively frequent. Polygyny is practised, the first wife being usually consulted before a second is taken. Her refusal to consent is another of the many grounds of divorce. A Malagasy proverb compares marriage to a knot so lightly tied that it can be undone with the slightest touch. The power of divorce rests with the husband and may be exercised on very trivial occasions. On the other hand, by running away and refusing to return the wife can practically compel a divorce, though the husband may impose conditions with regard to property and, as we have seen in a previous chapter, with regard to children by a future husband : he can even divorce her in such a manner as to preclude her from ever marrying again. Among the Tanala, if a woman of noble birth marry a commoner he cannot divorce her, but she can divorce him. This may remind us of the privileges enjoyed by royal women on the contirent of Africa MARITAL JEALOUSY 155 and elsewhere. The rights of an unmarried Malagasy queen resemble them still more. She may have " a family by whom she may think proper : the children are recognised as legitimately royal by their relation to the mother and no question made as to paternity." On certain festive occasions the licence was shameless. Such were the periodical times appointed by the Hova sovereigns for the performance of circumcision, and the celebration of a birth in the royal family. The grossest practices on the latter occasion were abolished by Radama L on the urgent remonstrances of Mr. Hastie, the then British resident at the capital, who threatened to publish the facts in the Mauritius Gazette so that they might be known in Europe to the king's disgrace.^ Among the Betsileo funerals are accom- panied by general " prostitution." ^ A French traveller in the earlier half of the last century gives a graphic account of the way in which the hospitality of the Betanimena towards him extended to the offer of a young girl as temporary consort ; ^ but it does not appear whether other Malagasy tribes practise this custom on the reception of strangers. Their opinions on the subject of chastity would certainly not stand in the way. Brahmanism is gradually penetrating the immemorial practices of the non- Aryan population of the valley of the Ganges and its tributaries. By a convenient fiction the tribe is converted into a caste deriving its 1 Ellis, Hist. Mad. i. 137, 167, 172, 150; Sibree, 252, 253,254, 250, 217 ; Father Paul Camboue, Anthropos, ii. 983. ^ van Gennep, Tabou, 158, citing the Antananarivo A.imtat. ^ Id. Taboit, 45, quoting Leguevel de Lacoinbe, Voyage a Madagascar. 156 PRIMITIVE PATERNITY origin from one of the recognised gods in the Hindu pantheon ; its chief object of worship is represented as an avatar of one of the great deities ; and its occupation is said to have been ordained by divine decree to commemorate some fact of its mythical history or by way of a curse for a petty imposition on the divine intelligence. By conforming in some measure to Hindu rites and prohibitions it struggles to obtain recognition in the social hierarchy. The struggle brings with it the change from uterine to agnatic descent unless that change have been previously effected. It involves the more complete subjugation of women, infant marriage, the insistence on female chastity, the abolition of divorce, the perpetuation of widowhood. Not every tribe as yet is thus revolu- tionised. Among a large number of the tribes, whether aboriginal Dravidians or later immigrants, relics of the old freedom enjoyed by the female sex are found. In such cases unmarried girls are frequently able to bestow their favours on whom they will, with or with- out the penalty of a feast to the tribesmen, subject usually to the condition that if found pregnant they must be married ; and they have a voice, if not invariably an exclusive or a controlling voice, in the selection of their husbands. After marriage adultery within the tribe or caste is winked at or regarded as a venial weakness ; nor is it a ground for repudiation by their husbands unless habitual or very open and proved by eye-witnesses of the actual fact. Divorce by either party is often easy. Ladies who have left their husbands, or whose husbands are dead, are free to marry again. Their unions, even where they are of a less formal character than that of a woman married MARITAL JEALOUSY 157 for the first time, are fully recognised, and their children suffer no disability. If not allowed to marry, such ladies are by no means always debarred from indulging their fancies in a less regular manner.^ It will be sufficient here to mention one of the tribes least affected by Hinduism, namely, the Santals. The Santals are a large Dravidian tribe, classed on linguistic grounds as Kolarian, which is found in Western Bengal, Northern Orissa, Bhagalpur and the Santal Pirganas. They are divided into twelve exogamous septs descendible in the male line. These septs may be ascribed, though doubtfully, to a totemic origin. " Girls are married as adults mostly to men of their own choice. Sexual intercourse before marriage is tacitly recognised, it being understood that if the girl becomes pregnant the young man is bound to marry her." It' is suggested that fraternal polyandry at one time existed. "Even now," says Mr. Skrefsrud, a " man's younger brother may share his wife with impunity, only they must not go about it very openly. Similarly a wife will admit her younger sister to intimate relations with her husband, and if pregnancy occurs scandal is avoided by his marrying ^ The half-Brahmanised tribes and castes are so numerous and the details so varied that the general results of an examination of the details given by Mr. Risley relating to the population of Bengal and by Mr. Crooke relating to that of the United Provinces can only be stated here. Nor is it possible to compile accurate statistics, in consequence of the tendency of many of the castes to sub-division on minute points and the local differences of practice. Reference should be made to The Tribes and Castes of Bengal and The Tribes and Castes of the North-Western Provinces and Oudh, and to the Report of the Census of 1901. A distinct connection -s traceable between the comparative freedom of women before and after marriage, though it is not invariable. 158 PRIMITIVE PATERNITY the girl as a second wife." Divorce at the wish of either husband or wife is merely a question of terms. It "is effected in the presence of the assembled villagers by the husband tearing asunder three sal- leaves in token of separation and upsetting a brass pot full of water." ^ That curious and interesting people the Todas, inhabiting the Nilgiri Hills in Southern India, have long been known to practise fraternal polyandry. A woman married to a man becomes at the same time the wife of all his brothers, and even of brothers who may be born subsequently to the marriage. So far as the statistics collected by Dr. Rivers go the husbands are usually brothers in our sense of the word. But they are sometimes clan-brothers only, that is to say, men belong-ino; to the same clan and the same genera- tion. More rarely it seems men of different clans may have the same wife. When the wife becomes pregnant the eldest brother performs a ceremony the central rite of which is the giving to the wife of a miniature bow and arrow. This constitutes him for all social purposes the father of the child about to be born and of all future children until another of the husbands perform a similar ceremony. So strict is this rule that he will be regarded as the father of a child born long after his death if no other man have performed the ceremony in the meantime. But a woman is by no means limited to sexual intercourse with her formal husbands, nor are they limited to intercourse with their joint wife. Wives are often transferred from one husband, or one group of husbands, to another in exchange for a number of buffaloes. Moreover there ^ Risley, i. 228, 229, 231. MARITAL JEALOUSY 159 is a well-recognised institution by which a woman becomes the formal mistress of a man who is not her husband. It is true that the consent of the husbands is required, but that is usually arranged without difficulty. A woman may have more than one of these lovers, and a man may have more than one mistress. Any children born of such unions are in law children of the reg^ular marrias^e. But we have not yet reached the limit of Toda licence. It is unnecessary here to discuss the dairy- cult which forms so large a part of Toda life, or to distino^uish and describe the different ranks of officials who minister in that cult. Suffice it to say that althouo-h some of these officials are restricted from intercourse at certain places or on certain days with their own wives, on other occasions they are free to have commerce with any woman, or with any woman of the Tarthar group, one of the two endogamous groups or phratries into which the Todas are divided. Indeed, after the dairyman of a Tarthar dairy has served the office for eighteen years without a break, it is an indispensable condition of his continuance that he have ritual intercourse with a girl or young woman of the clan. She is brought for that purpose to a wood near the village whither he goes at the appointed time to meet her. When he is first inducted into office an old Tarthar woman takes part in the ceremony. She must be past the age of child-bearing and must never have had intercourse with one of her own clan. There seems some doubt as to the exact meaning of this qualification ; but at any rate according to the evidence it is by no means easy to find a woman who fulfils the requirement. Dr. Rivers, in summing up the results i6o PRIMITIVE PATERNITY of his inquiries as to the sexual relations of the Todas, says : " There seems no doubt that there is little restriction of any kind on sexual intercourse. I was assured by several Todas not only that adultery was no motive for divorce, but that it was in no way regarded as wrong. It seemed clear that there is no word for adultery in the Toda language. . . . When a word for a concept is absent in any language it by no means follows that the concept has not been developed ; but in this case I have little doubt that there is no definite idea in the mind of the Toda corresponding to that denoted by our word 'adultery.' Instead of adultery being regarded as immoral, I rather suspected, though I could not satisfy myself on the point, that according to the Toda idea immorality attaches rather to the man who grudges his wife to another. One group of those who experience difficulty in getting to the next world after death are the kashtvainol, or grudging people ; and I believe this term includes those who would in a more civilised community be plaintiffs in the divorce court." After intimating his doubts whether the "widespread, almost universal abhorrence " of incest is shared by the Todas, he goes on to say : " So far as I could tell the laxity in sexual matters is equally great before and after marriage. If a girl who has been married in infancy but has not yet joined her husband should become pregnant, the husband would be called upon to give the bow and arrow at the pursutpimi ceremony and would be the father of the child, even if he were still a young boy, or if it were known that he was not the [actual] father of the child." ^ 1 Rivers, 515, 319, 517, 518, 523, 526, 62, 68, 72, 78, 99, 103, 156, 505, 529, 530, 531. MARITAL JEALOUSY i6i Polyandry at one time seems to have been quite common in the south of India, and even now it is not wholly abandoned by some of the castes. A traveller at the beginning of the sixteenth century relates that at Calicut it was the custom for friends among the gentlemen and merchants to exchange wives ; and among the other castes one woman had five six or seven, or even as many as eight husbands, each of whom spent a night with her by turns. Any children whom she had she assigned to one or the other of the husbands, and her word was taken for the fact.^ In the last quarter of the eighteenth century another traveller reported that on the coast of Malabar, in the caste to which the braziers belonged, the eldest brother alone married ; but the others supplied his place with their sister-in-law when he was absent.^ Tc-day the Kammalans (artisans) of Malabar practise fraternal polyandry. As part of the wedding ceremony the bride and her bridegrooms sit in a row, the eldest brother sitting on the right, the others in order of seniority, and lastly the bride. A priest of the caste takes some milk in a vessel and pours it into their mouths one after the other. The eldest bridegroom " cohabits with the bride on the wedding day and special days are set apart for each of the others. There seems to be a belief among the Kammdlan women that the more husbands they have the greater will be their happiness. If one of the brothers, on the ground of incompatibility of temper, brings a new wife 1 di Varthema, 145. This seems to be the authority made use of by Munster in his Cosmography translated by Eden in 1553 (Arber, First Three Bks. 1 7). As to polyandry in ancient India the reader may consult Jolly, 47. 2 Thurston, 113. II h i62 PRIMITIVE PATERNITY she is privileged to cohabit with the other brothers. In some cases a girl will have brothers ranging in age from twenty-five to five whom she has to regard as her husbands, so that by the time the youngest brother reaches puberty she may be over thirty and the young man has to perform the duties of a husband with a wife who is twice his age. Polyandry is said to be most prevalent among the blacksmiths, who lead the most precarious existence and have to observe the strictest economy."^ Fraternal polyandry it has been argued is due to economic causes, such as poverty, and the desire to keep the family property together. That economic causes have often had an important influence cannot be denied. But to attribute any species of polyandry to these causes alone is to venture upon a very hazardous theory in the face of the evidence from all parts of the world of indifference to what the civilised peoples of Europe generally regard as womanly virtue. It is not of course asserted that this indifference is universal ; but the present and preceding chapters show that even where the chastity of a married woman is insisted on chastity is often interpreted in such a way that sexual union with certain persons from time to time appointed or permitted by the husband or by custom is not deemed a breach of morals, but on the contrary is a positive duty. Polyandry is the more or less permanent union of a woman with several men who are jointly regarded as her husbands. So far from its being a hardship submitted to unwillingly and from the pressure of poverty, in some cases at all events it is a subject of boasting. Thus the Kanisans, or 1 Thurston, 114; lud. Census, 1901, xx. 167^ M. xxvi. 275. MARITAL JEALOUSY 163 astrologers, of Malabar, like the Pdndava brothers (mythical figures in the epos of the Mahdbhdratd) " as they proudly point out^ used formerly to have one wife in common among several brothers, and this custom is still observed by some of them." ^ The carpenters and blacksmiths too celebrate their polyandrous marriages " openly according to their caste rules and with much ceremony and pomp," in no wise as an evil to be sub- mitted to or ashamed of.^ Among their women, as we have just seen, polyandry is highly appreciated. A very pretty Dafla girl once came into the station at Luckimpur in Bengal, threw herself at the feet of Colonel Dalton, the officer in charge, who tells the tale, and in most poetical language besought his protection. She was a chief's daughter and a prize in the matrimonial market. Her father had promised her to a brother chieftain who already had many other wives. She however would not submit to be one of many ; and besides she loved, and she had eloped with her beloved. This was so romantic that the gallant colonel was naturally interested. His sympathies w^ere at once enlisted in her favour. When she came to him she was in a very coarse travelling dress ; but when he assured her of his protection she took from her basket fresh apparel and other ornaments, and there and then proceeded to array herself ; and very charming she looked as she combed and plaited her long hair and completed her toilette. Meanwhile the colonel sent for "the beloved," who had kept in the background ; and his surprise was great when there ^ Thurston, 115, quoting Logan, Manual of Malabar. ^ Mayne, 75, citing a mem. annexed to the Malabar Marriage Report, p. 103. i64 PRIMITIVE PATERNITY appeared not one but two ! She who had objected to be one of many wives had eloped wuth two young men ; why should polygamy be the privilege of the tyrant man ? ^ Something like that very question was argued by a great lady in Tibet with an Indian traveller a few years since. The Tibetan custom of fraternal poly- andry is too well known to need description. The tyranny of man can hardly be known among the happy women of Tibet ; the boot is perhaps upon the other leg. The traveller had cured the lady in question of a nervous disorder. On one occasion, when he was dining with her, she asked him many questions con- cerning the marriage laws of India and Europe. When he told her that in India a husband had several wives and that among the Phyling (foreigners) a man had but one wife she stared at him with undisgruised astonishment. " One wife with one husband ! " she exclaimed. " Don't you think we Tibetan women are better off? The Indian wife has but a portion of her husband's affections and property, but in Tibet the housewife is the real lady of all the joint earnings and inheritance of all the brothers sprung from the same mother, who are all of the same flesh and blood. The brothers are but one, though their souls are several. ,, In India a man marries, well ! several women who are \ strangers to each other." "Am I to understand that your ladyship would like to see several sisters marry one husband ? " the traveller asked. " That is not the point," she replied ; " what I contend is that Tibetan women are happier than Indian women, for they enjoy the J privileges conceded in the latter country to the men."^ 1 Dalton, 36. - Chandra Das, 161. MARITAL JEALOUSY 165 The women are thus a powerful influence in favour of polyandry ; and if not established in the first instance, at least it is maintained by the help of their goodwill. In some of the taluks of Malabar the custom of fraternal polyandry survives among the Tiyans (toddy-tappers), though it is said to be dying out. Reasons of an economic nature however support it, reasons urged not on behalf of the men but of the women, because it is possible for a man besides sharing his elder brother's wife to have a wife for himself. Property devolves through the eldest brother's wife. A girl will not be given in marriage to an only son, for her relatives say : " Where is the good ? He may die and she will have nothing. The more brothers the better the match," The argument, it is obvious, will always apply to a monogamic marriage among a community of artisans. It is said that the Tiyan wife sleeps in a room and her husbands outside. When one of them enters the room a knife is placed on the door-frame as a signal to forbid entrance to the other husbands.^ In South Malabar and the northern parts of Cochin the marriage ceremony of the Tiyans (there called Izhuvas or Thaudans) varies according as the bride is intended to be the wife of one or all of a band of brothers. The operative part of the ceremony seems to be "the giving of sweets," similiar to the Kammalan ceremony in Malabar already described. The bride and bridegroom are seated on a mat and given milk, plantain-fruits and sugar. If the marriage is intended to be m.onandrous the bridegroom's brothers do not share in the sweets. If it is to be polyandrous the sweets are served ^ Thurston, 112. i66 PRIMITIVE PATERNITY to them and the bride, either in the hut of the bride- groom after he has gone through the ceremony by their mother, or in the bride's hut by her mother. It is still the custom for four or five Izhuva brothers to marry a young woman. A vessel of water is kept at the door of her room to serve the purpose of the knife elsewhere. Any of the brothers may marry a wife either for himself alone or to be a common wife of the group. The children of the polyandrous marriage are the children of all the husbands.^ Polyandry is also a custom of the western Kalians ; and among them also the husbands are held to be jointly and severally fathers of any children the wife may bear.^ Among the jungle Kurumbas of the Nilgiri Hills it is said to be the custom for several brothers to take one wife in common, nor do they "object to their women being open to others also."' In Ceylon fraternal polyandry is common, especially in the Kandyan country where it is more or Itss general among all classes. The reason assigned by the poor is poverty, by the wealthy and men of rank that such marriages unite the family, concentrate property 1 Iyer, 22, 24. The -Izhuvas inherit according to matrilineal rules in certain disticts, but not in the district referred to {Ibid. 29 ; Ind. Census. 1901, xxvi. 279). 2 Thurston, 108. As to the Kalians generally, see Ind. Census, 1901, XV. 158. 3 Thurston, 113, It is reported of the Badagas in the Nflgiris, almost in the same terms as of tribe and caste after tribe and caste in the United Provinces and Bengal : " Immorality within the family circle is not regarded very harshly" (Mayne, 75, quoting the Census report of 1891). The Kuravas, a Gipsy tribe found all over the Tamil country, treat their women " in a very casual manner, mortgaging or selling their wives without compunction " {Ind. Census, 1 90 1, XV. 164). MARITAL JEALOUSY 167 and influence and conduce to the interest of the children who, having a plurality of fathers, will be the better taken care of and will still have a father left even though they lose one. The children call all the husbands father, distinguishing the eldest as " great father" the others as "little fathers." "Chastity," says a writer of the early part of the last century, " is not a virtue in very high estimation amongst the Singalese women, nor jealousy a very troublesome passion amongst the men. Infidelity certainly is not uncommon ; and it is easily forgiven, unless the lady disgrace herself by forming a low-caste attachment, which is considered unpardonable and always ends in divorce." ^ Among the Kannuvans of Madura on the mainland a woman may only have one legal husband at a time ; but she may " bestow favours on paramours without hindrance, provided they be of equal caste with her." ^ Throughout India the proper marriage for a boy is deemed to be with his father's sister's daughter or his mother's brother's daughter ; and in the wedding ceremonies of many tribes and castes among which it is no longer insisted on vestiges are found of the custom.^ Some castes, however, are very punctilious and will even marry together a boy who is a mere child and a full-grown woman who stands in the necessary relationship to him. This may, in some Indian cases, be the origin of the ill-assorted marriages of the kind referred to in a previous chapter.^ The Tottiyans or Kambalattars (Telugu cultivators of the 1 Davy, 286; Thurston, 112. 2 Mayne, 74, quoting Madura Manual, pt. ii. 34. 3 W. H. R. Rivers,/. R. A. S. 1907, 611 sqq. * Supra, vol. i. p. 305. i68 PRIMITIVE PATERNITY soil) and the Kdppiliyans (Canarese cultivators) are instances in point. Among the Tottiyans, it is said, the bridegroom's father takes upon himself the duty of begetting children to his son. It is customary more- over for the women after marriage " to cohabit with their husbands' brothers and near relations and with their uncles ; and so far from any disgrace attaching to them in consequence their priests compel them to keep up the custom if by any chance they are unwilling." The morality of the women is reported in general terms to be "loose." Divorce is easy and remarriage freely allowed.^ The Kdppiliyans extend the man's right of marriage to include his sister's daughter. Quite small boys are often married to adult women. Whether or not the man who -is regarded as the husband's father normally supplies the husband's place, it is permissible for a married woman to consort with her brothers-in-law without suffering any social degrada- tion. Nor need her favours be confined by any means to them, so long as those favours are shared only by members of the caste. As among other castes addicted to similar practices children of a woman mated with an infant husband are regarded as his children and inherit his property, though his paternity may be impossible.' 1 Ind. Census, 1901^ xv. 180 ; Thurston, 108. 2 Ind. Cens. 1901, xv. 141 ; Thurston, 108. It is perhaps not irre- levant to note here that the tying of the tali, or ordinary Dravidian badge of marriage, is not necessarily effected among the castes of Southern India by or even on behalf of the de facto husband. The practice among the Nayars has already (vol. i. p. 267) been men- tioned. It may be said generally that at or before puberty every girl undergoes the ceremony of tying the tali. Once this is done she is free to contract an alliance intended to be followed by cohabitation. The ceremony by which the latter alliance is initiated is usually not regarded as marriage, and bears a different name. The subject MARITAL JEALOUSY 169 Reference has been made on an earlier page to the Kolarian tribes. Among these tribes the agricultural festivals are marked by an outburst of sexual licence. The Oraons celebrate in the spring a sacred marriage, like that of the Leti Lslanders, " at which all shame and morality are laid aside." If not to the Santals, the same licence is imputed in an extreme form to the Hos. The Larka-Kols offer sacrifices in January to a bhut or demon called Deswali, winding up with un- bridled saturnalia.^ Among the Chingpaw of Upper Burmah twice a year there is a general holiday and feasting which is the occasion of much debauchery and licentiousness. Apart from these festivals the Chingpaw displays no narrow and puritanical morality. In the last chapter we saw that no marriage takes place without previous intercourse. The dwelling- houses are from one hundred and fifty to two hundred feet long, and are built to accommodate more than one family. The young men and women have separate rooms ; but as no restraint is laid on their movements they frequently pass the night in each other's quarters. The result is that illegitimacy is very prevalent. It is not considered a disgrace for an unmarried woman to be a mother. The father of her child is not bound to marry her, unless he have been formally betrothed to her ; and he is only called on to support her until the child is a month old. An effort, however, is always made to get a pregnant girl married to the father of her child ; but a woman thinks it no shame to forsake her lover and marry some one else. Nor does the fact requires further consideration than is possible to give here. See Mayne, 123; Ind. Census, 1901, xx. 170, 174; xxvi. 280, 288, 307. 337. 1 Hahn, KolsmissioH, 92, 99. I70 PRIMITIVE PATERNITY of her already having a child by one man injure her prospects of marriage to another.^ The antenuptial freedom of the Tho of Northern Tonkin and its continuance for a certain period after marriage have been incidentally mentioned, in dis- cussing- their form of marriag-e and its relation to an earlier stage, in which the husband either visited or dwelt with the wife in her own home. We there saw that the paternity of her eldest child was often more than doubtful.^ This may be said to be invariably the case among the Lolo of Yunnan. After passing a single night with the bridegroom the Lolo bride quits her husband's residence, to which she returns no more until she can do so in a condition of pregnancy. During her absence the husband does not appear to visit her, but she has full liberty of intrigue and conducts herself much in the same way as the Thai bride. When she returns with the expectation of issue he asks no questions of her but receives her with the respect due to her fecundity, being now assured of offspring by her. He is indeed fully conscious that he has not begotten her first child, and it is said that he always considers it in some sort as a stranger, reckoning the second child as the eldest. The first child however is brought up with the same care and attention as the rest and appears to belong equally to the family. If the wife do not within twelve or eighteen months exhibit signs of maternity the marriage contract is rescinded, and the husband pro- ceeds to look out for a worthier mate.^ In Tonkin 1 Anderson, 123, 127. Cf. Int. Arch. xvi. 28, 36. 2 Supra, p. 49. 3 Rocher, La Province Chinoise du Yun-nan (Paris, 1880), ii. i6. MARITAL JEALOUSY 171 the Man Coc not only attach, like their neighbours the The, no importance to virginity in a bride, but in certain villages the women prostitute themselves to the passers-by without seriously affecting their reputa- tion.^ Amonof the Pa-Tene on the watershed of the Red River and the Clear River antenuptial incontinence subjects the guilty parties to a light fine ; but in spite of this the relations between unmarried men and girls are quite untrammelled. Even adultery by married women appears to have only a limited importance.^ Our information as to the rule of descent among the pagan tribes of the Malay Peninsula is defective. But it would seem that the Besisi reckon through the father. At the end of the rice-harvest a festival is held at which a temporary exchange of wives used to be effected. This was a ritual performance intended to have "some sort of productive influence not only upon the crops but upon all other contributing sources of food-supply."^ Among some of the tribes in the hills of Assam speaking Tibeto-Burman languages the festival of sowing is marked by an outburst of licentiousness, which is probably intended to stimulate the fecundity of the crops. After the sowing is com- pleted the village reverts to its usual continence.* The Tibetans who frequent the Kan-su border in the north of China set little store on female chastity. In lamaseries in the district of Kan-su which they call Amdo a feast is held at different times ; it lasts two or three days and is known to the Chinese as "the ^ Lunet, 241. 2 /f/^ 292. 3 Skeat and Blagden, ii. 70, 76, 121, 145. Among the Sakai of Selangor the women were formerly allowed more than one husband {Ibid. 68). But how did they reckon descent ? * T, C, Hodson,/. A. I. xxxvi. 94. 172 PRIMITIVE PATERNITY hat-choosing festival." The name is derived from the custom that a man may during the feast carry off the cap of any girl or woman he meets in the temple grounds, and she is obliged to come at night and redeem the pledge. " Chinese are not admitted to play at this game of forfeits, nor are they allowed any of the privileges of \k{\s fite d' amour ^' ^ Among the Maoris antenuptial intercourse was very common. " As a general rule the girls had great licence in the way of lovers. I don't think," says a well-qualified observer, " the young woman knew when she was a virgin, for she had love-affairs with the boys from her cradle. This does not apply of course to every individual case — some girls are born proud, and either kept to one sweetheart or had none, but this was rare. When she married it became very different ; she was then tapu to her husband, and woe ^ Rockhill, 80, It may be well to mention here the customs of certain Chinese provinces and dependencies recorded by Marco Polo. In Poim where the people were Mohammedans, when the husband left home on a journey for twenty days the wife at once found another man with whom she lived until her husband came home. In Camul if a stranger came the master of the house went away, charging his wife to be complaisant in all things to their guest. The Great Khan tried to abolish this custom, but the people were too much attached to it. They sent ambassadors representing that it was the custom of their fathers, that it was pleasing to [their idols and that they wished to adhere to it. The Great Khan had to give way. In Chelet men would not marry virgins. Mothers used to offer their daughters to strangers, who kept them as long as they pleased and then sent them away with a gift or token. This token was worn round the neck ; and the more of such tokens a girl had, the sooner she was married and the more her husband thought of her. In Caindu the same custom was followed as that attributed above to Camul. Finally in the city of Lazi it was a matter of indifference to the men if other men slept with their wives (Marco Polo, cc. 41, 45, 85, 86, 87). MARITAL JEALOUSY 173 betide her if she was guilty of light conduct." A man who had many wives however would lend one of them to a guest whom he loved to honour — not his first or chief wife but one of the inferior wives. He could also let a guest have one of the unmarried girls.^ Divorce is common. The husband puts away the wife, or the wife returns to her relatives. If the husband in the latter case take no step to persuade or compel her by force to return (which he sometimes does) the divorce is final and both parties can marry again. Husbands are as a rule less jealous than wives : probably the result of the polygyny practised by many who can afford it.^ It may be conjectured that the length to which the practice of taboo was driven in New Zealand may account for the chastity of married women, mitigated though it was by the commonness of divorce. A man on taking a wife by that act tabooed her to himself. She was guarded from others by, and subjected so far as her own acts were concerned to, the awful and mysterious penalties of tapu. In this condition she remained so long as she remained a wife. Hence, though while still noa, or common, she did not hesi- tate to indulge her desires, once made tapu she would fear to suffer invasion even by force of her husband's property in her ; and the same fear and not merely the fear of material veno^eance would restrain other men from either tempting or compelling her. Some such explanation at least is necessary to ^ E. Tregear, /. ^. /. xix. loi, 103, 102; cf. Polack, i. 137, 145; Taylor, New Zealand^ 167. See a mythological story of fraternal polyandry, Grey, Polyn. Myth. 81. 2 Polack, i. 159, 146. 174 PRIMITIVE PATERNITY account for the difference in manners between the Maoris and their Polynesian kinsmen. The observer just quoted contrasts the sexual ethics of the Sand- wich Islanders, for instance, with those of the New Zealanders. ''In Hawaii," he says, "whether the woman was married or single, she would have been thought very churlish and boorish if she refused such a slight favour as " the embrace of a masculine " friend of the family."^ A missionary quoted by Morgan declares that the natives of the Sandwich Islands had hardly more modesty or shame than so many animals. '* Husbands had many wives and wives many husbands, and exchanged with each other at pleasure."^ Judge Lorin Andrews of Honolulu writing to Morgan and explaining the word punaliia, applied by a man to the husbands of his wife's sisters, observes : " The rela- tionship of piinalua is rather amphibious. It arose from the fact that two or more brothers with their wives, or two or more sisters with their husbands, were inclined to possess each other in common ; but the modern use of the word is that of dear friend or intimate companion!' ^ The testimony to this posses- sion in common by small groups of husbands and wives in the Sandwich Islands seems to put the custom beyond doubt. I am not concerned now to discuss the theory of group-marriage based upon it by the distinguished American anthropologist. For our present purpose all that is necessary is to point out that the strict taboo of a wife to a single husband was 1 J. A. I. xix. 104. 2 Morgan, Anc. Soc. 428, quoting Bartlett, Historical Sketch of the Missions, &'C., in the Sandwich Islands. Cf. 415. 3 Ibid. 427, citing also other testimony to the same effect. MARITAL JEALOUSY 175 unknown, and despite the fact that the stage of pure motherright had been passed actual paternity was neglected. The saturnalia hinted at but not described by Ellis as occurring on the death of a chief indicate the same carelessness.^ It is true that the writer tells us elsewhere that "adultery among the highest ranks has been punished with death by decapitation,"^ but he neglects to inform us what the definition of adultery among the Sandwich Islanders was, or how often or in what circumstances the punishment of decapitation was inflicted. His expression indicates that it was a rare event. Such vague statements cannot be held to conflict with those I have previously quoted. It need only be added that, as among the Maoris, " the marriage-tie was loose, and the husband could dismiss his wife on any occasion."^ Whether the wife had a corresponding right does not appear. In Tahiti, where another branch of this voluptuous race was settled, antenuptial licence was common, and fidelity to the marriage-bond was seldom maintained. The union was dissolved, whenever either of the parties desired it, to suit their inclinations or their con- venience ; and though amongst the higher classes it was allowed nominally to continue, the husband took other wives and the wife other husbands."* A similar account reaches us from Samoa. " Chastity was ostensibly cultivated by both sexes ; but it was more a name than a reality." From their childhood their ears were familiar with the most obscene conversation ; and as a whole family to some extent herded together immorality was the natural and prevalent consequence. ^ Ellis, Towr, 148. - Ibid. 401 (the italics are mine). ^ Ibid. 414. * Id. Polyn. Res. i. 262^ 273, 274. 176 PRIMITIVE PATERNITY There were exceptions, especially among the daughters of persons of rank ; but they were the exceptions and not the rule. In these circumstances we are not surprised to learn that adultery " was sadly prevalent." It is said to have been often punished by private re- venge ; but details are lacking to show how far this was due to sexual jealousy properly so-called, how far it was due to resentment at the invasion of a right of property, and how far public opinion approved the revenge.^ On the occasion of marriage in the Marquesas Islands the bride was compelled to undergo public intercourse with all the masculine guests. In the families of chiefs however sometimes marriage was provisionally arranged and entered into between chil- dren, a practice more recently imitated by the class below. In such cases the public ceremony was omitted. The child-wife immediately went to live with her child-husband. On arriving at puberty she was in consequence never found to be a virgin. Notwith- standing this, she withdrew into a special hut erected near her husband's house for the purpose of observing the puberty rites. There she was visited by all the great chiefs of the same, or perhaps a higher rank. After this, if both boy and girl agreed, the marriage became definitive. If they did not agree they were free to separate and marry others ; but in any case the girl's first child was reputed to be that of the husband she had espoused in infancy. From the moment of marriage a man acquired marital rights over all his wife's sisters. They became secondary wives to him, though they might themselves have at that time or ^ Turner, Samoa, 91, 94, 97. Cf. Rep. Austr. Ass. iv. 626, MARITAL JEALOUSY 177 afterwards during the marriage primary husbands. In the same way all the husband's brothers were secondary husbands of the wife and had corresponding privileges. Polygyny and polyandry thus coexisted. Nor were they limited to the brothers and sisters of the consort. The husband had a right to provide himself with other secondary wives. The population, as might be expected from some of the practices mentioned, was not very prolific ; and children were greatly in request, especially by the chiefs. In order to obtain offspring, a pregnant woman would some- times be carried off, probably with the consent of herself and her husband, who followed her and became a secondary, instead of a principal, husband to her. The principal wife in her turn could also take a secondary husband ; and this was done in effect when- ever she desired it. Well might it have been believed by Europeans that marriage did not exist in the Marquesas. As if this were not enough, there was also a class of women who instead of marrying kept open house, and had the right of calling in any man who happened to pass without his being able to refuse. They were by no means a despised class, and it only depended upon their volition to marry any man who pleased them.^ On the island of Yap, one of the Pelew Islands, agnatic kinship prevails. Yet continence is not required of man or woman. After the first menstrua- tion sexual intercourse is free to every girl, and a I Tautain, VAnthrop. vi. 641 sqq. The revolting and almost incredible details given by Dr. Tautain of the marriage ceremony led, as he himself remarks, to physical disorders, which must have had a detrimental influence on the fertility of the population ; but he is of opinion that it was not naturally prolific {Id. ix. 420). II M 178 PRIMITIVE PATERNITY seducer has nothing to pay even though pregnancy result. It is superfluous to say that virginity is not expected in a bride. Bastards have no disadvantage in law, and socially very little. If the father of a bastard does not take it, it enters into its mother's family and inherits in due course from her father. Divorce is easy and without special formalities ; but some cause must be alleged, though it may be a mere excuse. Adultery abortion or barrenness is sufficient for the man to dismiss his wife, or even if she be a scold. He may sell her if she commit adultery or be impertinent to her mother-in-law. On the woman's side her husband's adultery or ill-treatment enables her to quit him. The definition of adultery however by no means coincides with ours. No bride-price is paid. The result is that there is hardly a pair of middle age who have not been divorced, though it is constantly observed that after various conjugal changes in the meantime they ultimately return to one another. A special custom of the island is that a number of men form a kind of club and build a club-house called a falu, where they spend their evenings and nights. In these houses girls are kept for the use of the members, each of whom has his appointed day. Girls are obtained for \h&falu by agreement with their parents or by force. They are held for a year, or sometimes for several years, and well rewarded for their service, and their parents receive presents also. Some reproach attaches to a girl who voluntarily enters a falu, and for that reason the capture of a girl is preconcerted between herself and her captors, in order that though willing to go she may appear to be forced. Yet once in ih^falu their social position is little affected : they MARITAL JEALOUSY 179 are taken freely to public festivities ; they are prettily dressed and well taken care of ; they have no need to work ; and they find husbands at once when they have given up living in the club. If such a girl becomes pregnant she is married by the man whom she claims as the father of her child. The married women never enter a club-house. This avoidance is perhaps not unconnected with the law by which a wife who com- mits adultery may be sold to a club. On the other hand, a husband is not reckoned adulterous though he belong to a club and have intercourse with the girls there. The idea of rape does not exist ; a married woman who is raped is treated as an adulteress.^ If another and a probable account be correct the girls kept in ihefalu must in accordance with the laws of exogamy belong to a different sept from the men of the club.^ The Yakuts are very tolerant in sexual matters. They " see nothing immoral in illicit love, provided only that nobody suffers material loss by it. It is true that parents will scold a daughter if her conduct threatens to deprive them of their gain from the bride-price ; but if once they have lost hope of marry- 1 Senfft, Globus, xci. 141, 142, 149, 153. Reference may be made to Prof. Frazer's discussion of the sexual relations of the Pelew Islanders in general [Adonis, 435). He comes to the conclusion that " a well-marked form of sexual communism limited only by the exogamous prohibitions which attach to the clans prevails." Compare with the falu the bachelors' houses of the Boror6, supra, p. i - 8. 2 Christian, 291. The same writer states that according to his informant conjugal fidelity is not regarded as a virtue. Less probable is his assertion, if I understand it correctly, that every girl has to go through the fabi, and that each man, married or un- married, takes his turn with her. i8o PRIMITIVE PATERNITY ing her off, or if the bride-price has been spent, then they manifest complete indifference to her conduct. The time which young wives spend with their parents after the wedding is the merriest and freest time they ever know. The young men hover about them like flies, but the parents pretend to take no notice, and even in most cases take advantage in their household work of the serviceability of these aspirants. They only strive that these connections may not be long con- tinued and may not become notorious ; for this might bring upon them unpleasant consequences from the family of the husband and might lessen the quantity of gifts which they might expect later. Maidens who no longer expect marriage are not restrained at all ; and if they observe decorum it is only from habit and out of respect to custom." A Polish political exile not long ago dwelt for twelve years among the Yakuts. He paid much attention to their customs, and to him we are indebted for the foregoing observations. He tells us further that a bride-price (which may be con- siderable) is paid on marriage, and that in former times parents often paid a bride-price for a girl three or four years old to be the wife of a son. She was taken and brought up in the family of her" youthful husband ; and in fact the two children slept together from infancy, although the marriage ceremony had not then been performed. Moreover, an interesting light is thrown upon the sexual morality of the Yakuts by their tradition that when God made Adam and his wife the latter bore seven girls and eight boys. Each boy therefore as he grew up had a wife, except the youngest. He asked God what he was to do for a wife. God answered : " If you cannot get along without MARITAL JEALOUSY i8i one, sleep secretly with your brothers' wives." This legend is not isolated : we are told it agrees with other current sayings and legends. The Yakuts are patri- lineal ; but there are not obscure indications that in former times descent was reckoned through the mother. The wife resides at the husband's home, and special rules exist for the avoidance of his male but not of his female relatives. These rules seem to point to precautions against the exercise of claims by men upon the wives of their kinsmen. The old customs, however, are breaking down under the pressure of Russian civilisation, such as it is.^ The Chukchi of Eastern Siberia offer to guests, whether of their own race or not, their wives and daughters and are said to resent as a deadly affront any refusal. It was related of them and the Maritime Kor^aks of the Gulf of Penjinsk in the earlier half of the last century that they " begged of the Russian post-carrier in his annual journey through their country to lie with their wives, and overwhelmed him on his return with presents because a son had been born to them from this transient alliance."^ The Chukchi in particular are stated to compel their wives, when they want a son, to allow themselves to be im- pregnated by another man.^ We may doubt whether much compulsion is usually required. Compound marriage or *' marriage by interchange " is an ^ /. A. 1. xxxi. 96, 84,:|^88, 86, 93, The argument from terminology of family relationships is also worth considering ; but it does not come within my general plan. As to the time spent by young wives with their parents see supra p. 15. ^ Erraan, ii. 530; Georgi, 98. ^ Post, Geschlechtsgen. 2iZ^ citing Klemm j Georgi, 104; Jesup Exped. vii. 318. i82 PRIMITIVE PATERNITY established custom. It " is observed mostly between first and second cousins. Males enterinof into this bond acquire the mutual right to the wives of one another, a right which can be claimed at every meeting. Nowadays marriage by interchange can be contracted between unrelated parties — even with people of foreign tribes with whom close friendship has sprung up. A bachelor and a widower living in the same camp with a married man can form a like contract. This style of marriag^e is only a system of polyandry. Sometimes more than ten people may be affected by marriage through interchange within one group, although three or four are regarded as sufficient. Women gene- rally are not averse to the custom." After this it is superfluous to add, as the author quoted does : " Chastity is not highly regarded." He mentions that the language has no distinctive term for maiden, which by itself does not afford an argument of much value, though it is not without its significance in conjunction with the facts recited.^ The Tunguz women are not very scrupulous about keeping conjugal fidelity. They are almost always alone in the house, for the men are aw^ay hunting or looking after their cattle; "and how can they avoid the unexpected visits of wandering hunters who come and cook at their hearths, and who from politeness invite them to take a share of the fortune of the chase ? Then as neither the men nor the women pride them- selves much on delicacy, the rest easily comes about." If a husband becomes aware of too frequent visits ^ Bogoras, Amer. Anthr. N. S. iii. 102, 104. Id. Jesup Exped. vii. 400, 455. I am not sure whether I am right in concluding that aU the following Siberian and Aleutian tribes are patrilineal MARITAL JEALOUSY 183 of this kind, he gives up the hospitable wife to her gallant, and contents himself with another from the family of the latter. This sort of truck is called Danira, and it is not uncommon. Divorce for other reasons is very easy. If two married persons cannot live together in peace they separate.^ The northern Tunguz, however, are said to consider the marriage-tie indissoluble. But as they allow a plurality of wives they make no difficulty about resigning one of them for the time to any Russian adventurer who may visit the tundras in the summer and from whom they expect a share of the proceeds of his hunting excursion in return.^ The Kamtchadal women make parade of their lovers and give themselves freely to strangers. " A widow cannot find another husband unless her sins have been previously taken away by the highest degree of familiarity granted to any one who wishes to render her this service ; and as the natives imagine that this expiation might cause the expiator to die like the former husband the poor women would remain widows without the assistance of the Russian soldiers, who are not afraid of exposing themselves to a danger so equivocal." Apparently the first man who has inter- course with a widow runs the risk of vengeance by the deceased husband. This posthumous jealousy is perhaps a continuation of that entertained in life. Yet if so, it must be because the intercourse is with- out leave of the deceased, and without the possibility of a quid pro quo to him such as is obtained by an exchange of wives between men still living, "There is no excess of libertinage," we are told with emphasis, ^ Georgi, 47. ^ Erman, ii. 138, i84 PRIMITIVE PATERNITY "which is not practised among the Kamtchadals. They pay not the least attention to the degrees of relationship," except that of parent and child. ^ The hospitable rite so common among peoples in the lower culture of offering a temporary consort to a guest is practised by the Aleutian Islanders. If we may believe Georgi marriage is merely a provisional cohabitation in which the partner is often changed. The women are as much free and mistresses of them- selves as the men. A wife deserted or exchanged sometimes returns more than once to her first husband. "These islanders in the married state are above jealousy and ignore the rights of an exclusive and reciprocal property between the spouses. The men leave their wives in entire liberty, and the latter do as much for their husbands." Degrees of kinship are ignored ; they only marry " to find subsistence with less trouble and to fulfil the end of nature." ^ Returning to the mainland, the great desire of the Buryats of Southern Siberia is for children. If one wife be unfruitful a second and a third are married, and so on. In default of children of their own they adopt strangers. Nor is this all. Partly to make sure of children, partly to have a woman in the house to fulfil womanly duties, they marry their sons at a very tender age to grown-up women. " I have often," says Melnikov, " met a youth of fifteen or sixteen who in answer to my inquiry whether he had been long married would answer that the knot had been tied three or four years before. In the wedomstwa of Unga in the department of Balagan I once saw a Buryat of sixteen who had been married seven years ^ Georgi, 75, 89, 90. "^ Id. 116, 129, 130. Cf. 128. MARITAL JEALOUSY 185 before, 'that he might beget the more children,' as his neighbours told me. In fact he had four children ; and the eldest son was seven years old. In the wedomstwa of Uleyi in the same department I saw a strong woman of twenty carrying a boy in her arms. I was surprised to be told that this woman and the boy in her arms were husband and wife. The Buryats said that formerly still droller marriages took place, in which the wives had to hold their husbands in their arms while they were milking the cows." We have seen how similar social arrangements result among the Reddies and other tribes of Southern India. Whether the practice is the same among the Buryats does not distinctly appear. It is not necessary. The author whom I have just quoted goes on to illustrate their dissolute manners by saying: "The girl among the Buryats becomes a complete wife before the official union. This fact is known to every one, and nobody complains of her or despises her on that account. If before the official union she has had a child she is married all the more willingly, for her aptitude for continuing the race is put beyond doubt. Unrestrained sexual intercourse may be observed, especially at the Buryat festivals where young people of both sexes assemble. The gatherings usually take place late in the evening and may justly be called nights of love. Bonfires are lighted in the neighbourhood of the villages, around which men and women perform their monotonous dance. From time to time pairs of dancers fall out and disappear into the darkness. Before long they come back and again take part in the dances, only to disappear afresh in a little while. But it is not always the same pairs who now retire, for the i86 PRIMITIVE PATERNITY partners have changed. Whoever lives among the Buryats has often the opportunity of seeing and hearing what happens at a wedding when men and women are excited by drink." ^ In Chinese Turkestan the conjugal bond is extremely fragile. For the slightest reason and even without any reason at all the wife collects her belongings and returns to her parents ; and on the other hand there is nothing to protect her from her husband's caprices. Sometimes she does not wait for a formal divorce in order to marry again. A woman of thirty who has not already had several husbands is therefore an exception. No respectable man who has to make a journey will spend a few days in a distant place without entering into a new and legitimate marriage. Yet all these facilities given by the law do not prevent either adultery or prostitution. This laxity of morals is of ancient date : it was noted as existing in the early centuries of our era.^ Among the tribes of the Caucasus pagan Cheremiss boys and girls enjoy sexual intercourse without reproof. Neither religious belief nor the moral code opposes the freedom of relations between the sexes. The statement is express that reluctance on the part of the girls exposes them to forcible violation. Like the Buryats, the Cheremiss marry their sons when they have hardly emerged from infancy, and fulfil the part of husbands to their daughters-in-law. The concubinage of several brothers with one woman is also not unknown, nor are traces that it was once usual w^anting either in lan- guage or custom.^ The Mordvin customs are similar. I ■^ Int. Arch. xii. 202, 203 ; Zeits. f. Ethnol. xxxi. Verhandl, 441. ^ L'Anne'e Soc. iii. 374, citing Grenard, Le Turkestan et le Tibet. ^ Smirnov, i. 117, 115. MARITAL JEALOUSY 187 Mordvin girls from the age of fourteen have sexual relations with the boys of the village, though they hardly marry before twenty or twenty-five. Kinship is no obstacle to their amours. Intercourse between brothers and sisters is not unknown ; between remoter kindred is frequent. If a girl become pregnant nobody is shocked ; legitimate or not, a child is always wel- comed as an addition to the family. The marriage of mature women to boys with consequences like those among the Cheremiss and the Buryats has not yet been wholly put down. Apart from that, a Mordvin husband is not too exacting about his wife's fidelity. He is frequently compelled to be absent from home on military service or public works, and his wife seems to console herself very well in his absence.^ With Votiak girls chastity is no virtue, and the want of chastity no vice. If they happen to have given birth to a child a much higher bride-price is demanded for them and their prospects of winning a rich husband are increased. But they are said, having sown their wild oats, to become faithful and affectionate wives. These qualities admit of obedience to the husband when he relin- quishes the conjugal bed and spouse to a guest whom it is desired to honour.^ Among" the Ossetes the father purcliases a wife for his infant son and has conjugal relations with her. Formerly, if a man for any reason preferred not to cohabit with any of his wives he could look out for some one to take his place • — at all events, with a secondary if not with the principal wife. The levirate is observed ; and where 1 Smirnov, i. 337, 348. ^ Featherman, Tur. 530; Post, Studten, 345, citing Kohler, ^eiis, vergl. Rechtsw. v. 306, i88 PRIMITIVE PATERNITY a husband dying left neither brother nor son the widow was entitled to take any lover she chose. In all these cases alike the issue reckons as that of the legitimate husband.^ The testimony to the licentiousness of the Circassian women and to the indomitable complaisance of their husbands is overwhelming. Of the Chechen we are told that the women are rarely faithful to their husbands. The Pshavs are in the habit of celebrating yearly a festival in honour of Lasha, the legendary son of Queen Tamara. This hero appears in the Pshav imagination in a very mixed character : sometimes as Saint George, sometimes as the representative of a cult analogous to that of Bacchus. His saturnalian festival is signalised by sexual licence.^ The Russian peasants themselves, frequently herded together, partly from ancient custom and partly from economic causes, under patriarchal rule in what is known as a Joint Family, attach but too little im- portance to the sexual relations supposed to be safe- guarded by their Church. A sort of promiscuity results, unhealthy for body and mind. The domestic autocracy is itself a danger to the chastity if not to the integrity of the family. The house-father, like the noble over the female serfs on his domain, sometimes arrogated to himself a sort of droit de seigneur over the women under his authority. Officially entitled the Old One, he, thanks to the moujik's habit of early marriage, is often hardly forty when his sons bring home their brides, and it is a common thing for him ^ Kovalevsky, UAnthrop. iv. 274. ^ Ibid. 266, 270, 273, 275; Lobel, 70; Darinsky, Zeits. vergl. Rechtsw, xiv. 175 sqq. See further as to the sexual customs of these and other non-Slavonic peoples in Russian territory^ Globus, xcv. 188. MARITAL JEALOUSY 189 to levy on his daughters-in-law a tribute which the youth or the state of dependence of his sons prevents them from disputing. Writers of credit assure us that it is by no means rare to see the domestic hearth thus polluted by the authority which ought to maintain its purity.^ Among the Southern Slavs the same practice subsists, and there if not also in Russia boys are married when mere children.^ Such a condition of family life must in any case be a survival of the practices of centuries gone by. A distinguished Russian jurist is of opinion that the sexual immorality of the Russian peasant has no other cause than the survival of numerous vestiges of the early forms of marriage. There is little doubt that among the ancient Slavs kinship was reckoned through the mother only. It was often accompanied by a considerable amount of sexual freedom. If we may believe the evidence of Nestor, probably a Russian monk of the eleventh century, the Drevlians, a Slavonic tribe, '* lived like beasts ; they killed one another ; they fed on things unclean ; no marriage took place amongst them, but they captured young girls on the banks of rivers." The words " no marriage took place amongst them " may of course mean that no open formal marriage rite was performed, but the girl captured was simply taken to the captor's home. It probably implies much more. It probably implies that other characteristics of a marriage ac- cordinof to the notions of a Christian monk were wanting. Among the characteristics in question ^ Kovalevsky, 64, quoting and adopting the words of Anatole Leroy Beaulieu, V Empire des Tzars et les Russes, 488. 2 VAnnee Soc. x. 441, citing Krauss. I90 PRIMITIVE PATERNITY permanence and fidelity would be prominent in his mind. A similar expression occurs in his account of three other tribes, the Radimich, the Viatich and the Sever. They dwelt " in forests like other wild animals ; they ate everything unclean ; and shameful things occurred amongst them between fathers and daughters-in-law " — very much as between the moujik of to-day and his daughters-in-law. Nestor goes on: " Marriages were unknown to them, but games were held in the outskirts of villages ; they met at these games for dancing and every kind of diabolic amusement ; and there they captured their wives, each man the one he had covenanted with. They generally had two or three wives." The capture here is preceded by an agreement between the bridegroom and the lady of his choice. The festival described is the public and formal recognition of unions which the writer in spite of himself admits as marriage of a kind ; though they did not exclude infidelities of which he mentions a specimen in the relations be- tween a father-in-law and his daughter-in-law. A writer of the same century, Cosmas of Prague, says of the old Bohemians or Czechs : " They practised communal marriage {connubia erant illis comniunia) ; for like beasts they contract every night a fresh marriage, and with the rising morn they break the iron bonds of love." The anonymous biographer uf Saint Adalbert, Bishop of Prague towards the end of tenth century, ascribes the hostility which drove the saint from his diocese to his attempts to put down the shameful promiscuity of the Bohemian people. He testifies moreover to the existence of certain yearly festivals at which great licence prevailed. MARITAL JEALOUSY 191 A Russian monk, Pamphil, in the sixteenth century reports that in the state of Novgorod similar festivals were held on the banks of rivers, resembling in that particular, as Professor Kovalevsky points out, the annual festivals mentioned by Nestor. "Not later," the professor says, " than the beginning of the six- teenth century they were complained of by the clergy of the State of Pscov. It was at that time that Pamphil drew up his letter to the Governor of the State, admonishing him to put an end to these annual gatherings, since their only result was the corruption of the young women and girls. According to the author just cited the meetings took place as a rule the day before the festival of St. John the Baptist, which in pagan times was that of a divinity known by the name of Jarilo, corresponding to the Priapus of the Greeks. Half a century later the new ecclesiastical code compiled by an assembly of divines convened in Moscow by the Czar Ivan the Terrible, took effec- tual measures for abolishing every vestige of paganism, amongst them the yearly festivals held on Christmas Day, on the day of the Baptism of our Lord, and on St. John the Baptist, commonly called Midsummer Day. A general feature of all these festivals, ac- cording to the code, was the prevalence of the promiscuous intercourse of the sexes." That the code did not succeed in abolishing these periodical meetings is clear, since they are still held from time to time, though perhaps not so regularly. But it does seem to have b: en effective in purifying them from most of the sexual corruption. This at all events is indicated by Professor Kovalevsky 's own experience of such midsummer meetings. But documents pre- 192 PRIMITIVE PATERNITY served in the archives of some of the provincial ecclesiastical councils, particularly in the Government of Kharkov, disclose similar licentiousness at other evening assemblies of the peasants. These assemblies are known in Great Russia as Posidelki and in Little Russia as Vechernitzi. The clergy made war upon them. More than once they induced the authorities to dissolve the assemblies by force. It is little wonder that the priests were often wounded and obliged to seek refuge in the houses of the village elders from the stones with which they were pelted.^ The history of the Russian gatherings on Mid- summer Eve and other festival occasions suggests that formerly all over Europe such assemblies were of the same licentious character. Doubtless they were. The games still played by youths and maidens at these times, though now for the most part innocent, irre- sistibly lead to the conclusion that actual sexual inter- course took place in days of less developed civilisation.^ And if married women frequented the meetings they must have been included in the sports and in what the Russian monk stigmatises as the "diabolical amuse- ments." More than this it is impossible to say in the present state of our evidence, which may be found in the pages of Mannhardt Frazer and other writers, but the full consideration of which would lead us too far away from our main subject to be entered upon here. ^ Kovalevsky, 6 sqq. 2 For example, the game played in various villages ot the Luneburg district, in which a girl is allotted to every youth {Zeits. des Vereins, vi. 363). Compare the Saturnalia of ancient Rome, and the Holi festival in Northern India, where no act of intercourse now occurs, but indecency of word and gesture is an essential part of the rite. MARITAL JEALOUSY 193 The redoubtable Masai of East Africa inhabit a district now partly comprised in German partly in British territory. They are divided for purposes of internal organisation into " ages," each of these ages including the boys who were circumcised within a certain limit of time and the girls who were subjected to a corresponding operation during the same period. These operations are performed on batches of children at or about puberty, and are the occasion of a festival. A close bond unites all boys or girls of the same " age." After circumcision the boys enter the warrior- class, and are taught the profession of arms as it is (or used to be, before the intrusion of European rule) practised by the Masai. A man is counted as belong- ing to the warrior-class until about the twenty-eighth or thirtieth year of his age, and before he quits it he is not allowed to marry. The warriors live not in the villages occupied by the married men, but in separate warrior-kraals. Each of these kraals is inhabited by fifty to a hundred warriors with their mothers and some of their younger brothers. In addition there are perhaps twice as many young girls as warriors. These girls, who have not yet undergone the puberty cere- monies, sleep with the warriors, now with one and now with another, unless when a raid is in contemplation. Since it is a disgrace to a girl to bear a child before she has undergone the puberty ceremonies, pregnancy is as far as possible averted or abortion practised. Meanwhile it often happens that the girls are already in infancy betrothed. Betrothal makes no difference to their residence in the warrior-kraal ; but if a be- trothed girl became pregnant it would as a rule put an end to her engagement to marry. On emerging from 194 PklMltlVE PAtERNltV the warrior-class each man marries and settles down as an "old man." A man marries as many wives as he can afford to purchase. When the marriage takes place it frequently happens that one or two of the bridegroom's old companions in arms claim priority of intercourse with the bride. When this claim is made the bridegroom must concede it under penalty of dishonour ; and in case he refuse he will have no right to complain if during the next few days some of his cattle are stolen. Divorce is a very rare occurrence ; it is accompanied with some formality. If a divorced wife marry again her parents must repay her former husband the full bride-price which he paid. But he may decline to receive it ; and in this event all her future children will belono- to him. Nor if she run away from her husband and he decline to divorce her can she legally marry again, and any children she may have by another man will belong to her husband. As a rule however he takes the boys only. Adultery is not a ground for divorcing a wife : it is, in fact, an idea unknown to Masai ethics. Sexual intercourse is forbidden between persons belonging to different " ages." When it takes place, for example, between a man and a woman of his father's " age," he is cursed. But the curse may be removed by payment to the elders of two oxen (or one and a quantity of honey- wine) for a feast. On the other hand, a man having intercourse with his daughter or with a girl of her ** agfe " is a more serious offender. The men of his "age" beat him, pull down his kraal and slaughter whichever of his cattle they want. But it is not an offence for a man to have intercourse with a woman of his own "age." If a husband beat his wife she MARITAL JEALOUSY 195 promptly seeks refuge with another man of his "age." Nor is she subject to any punishment for this escapade when she is returned to her husband ; for the latter *' fears that he will be cursed by the members of his ' age,' " which would entail a fine. A Masai on a visit to another kraal enters the hut of a man of his own "age." The host relinquishes his wife to him for the night and goes elsewhere : to refuse to perform this act of hospitality would be a disgrace ; he would be cursed by his age-fellows. Moreover men sometimes make a temporary exchange of wives. Children borne by a woman while living with another man belong to her husband, though they may also call their actual begetter father,-^ Com- munity of wives would thus appear to be almost complete between men of the same " age." The Wakamba, neighbours of the Masai, are reported neither to expect nor to value chastity among women before marriage. " After all dances in which young men and girls unite promiscuous connection is indulged in and connived at by the parents of the latter. In the same way all married women have lovers, which is easily understandable when one bears in mind that nearly every man has tWo wives and the average number is three or four to each mutumia or elder. Rich men with eight or nine or even more 1 Merker, 70, 334, 82, 44, 49, 50; Hollis, 261, 292, 312, 304, 287. The customs of the Wanderobbo are the same; but a wife finding herself pregnant after a temporary exchange of the kind above referred to returns to her husband. In any case the exchange lasts no longer than from six to twelve months (Merker, 222, 231, 232 ; cf, Johnston, Uganda Prot. ii, 824, 825). The customs of the Nandi are similar (Hobley, 38^ Hollis, Nandi, 16 76, 77). ^ 196 PRIMITIVE PATERNITY wives are in the habit of lending a member of their harem to a friend in cases where no children are born as a fruit of the marriage.^ The offspring if any- resulting from this are the property of the husband and are looked upon as his children."^ But sexual relations unlicensed by the husband are regarded as adultery. When a husband catches his wife in the act at night — but not in the daytime — he may kill her paramour on the spot. In the same way a thief enter- ing a kraal at night may be killed. Or the adulterer may be compelled to pay damages, or to take over the woman and refund her bride-price to the husband. A wife may be divorced for persistent adultery or for refusing to work ; for a simple lapse of fidelity when caught she is said to be flogged.^ If a girl become pregnant before marriage her condition " is no bar to her marriage with another man, but rather a recom- mendation, since he is sure of at least one child from her."* The people of Taveta, the rich and fertile plain at the foot of snow-capped Kilimanjaro, are like the Masai of mixed Hamitic and Bantu stock. They are organised in clans and in " ages " somewhat resembling the Masai institutions. A girl is usually bespoken as a child and the arrangement for her marriage is made with her father, but the formal betrothal is postponed. After undergoing the puberty rites she passes her ^ Sir A. Hardinge {Report on the East Africa Protectorate, Parliamentary Paper, Africa No. 7, 1897, 21) says that if a man have any wives who for any reason have ceased to please him they are " permitted to cohabit with his poorer relations, but only within the family circle." 2 H. R. Tate, J. A. L xxxiv. 137. 2 Decle, 487. ■* Tate, loc. cit. MARITAL JEALOUSY 197 nights in the maniata, " an isolated spot in the woods on which has been erected a sort of kraal, consisting of two or three dozen huts about eighteen feet long, three feet broad and three feet high, resembling dog-kennels. These huts are only furnished with a single bed of dried grass, and have no doors. Here the Taveta youth spend their time when the work for the day is finished. All children born in this kraal are put to death at birth." At the age of fifteen or sixteen a girl is formally betrothed. The ceremonies of betrothal differ according to the clan of the husband. It is only necessary to refer here to those of the Ndighiri clan. A Mndighiri bridegroom is required to capture his bride by force and hand her over to four stalwart relations who carry her struggling to her suitor's dwelling. There it is averred they have all four a right of intercourse with her. The actual marriage follows at a later date. A man can obtain a separation from his wife with the consent of the chief and elders if she refuse to work or cause trouble by stealing from a neighbour, or some offence of that kind, but not for adultery. Adultery is only punishable when the man who commits it is not of the same "age" as the husband of the woman. Even if he were to rape the wife of a comrade of his own "agre" he could at most be fined one groat for assault. A man lends his wives to a comrade of his own "age ; " and they court their lovers under his very eyes. Sexual intercourse with an unmarried girl is punished by a fine, but only when the man belongs to a different " age " from that of the girl.^ 1 Hollis, Joto'H. Afr. Soc. i. iio, iii, 117, 124; Johnston, Kilimanjaro, 430, 433. At Moschi a few miles off among a related 198 PRIMITIVE PATERNITY Adultery is punished among the Baganda by- whipping the male offender. " On no account what- ever can a woman be subjected to corporal punishment. A wife is not discarded by her husband on account of faithlessness. Even if she contracts disease from promiscuous connection, and temporarily leaves her husband's house, she is taken back when she wishes to return, and the husband even brings the influence of her relatives to bear on her with the object of inducing her to return." ^ Among the Madi and the Shuli on the Upper Nile the unmarried girls sleep in huts raised above the ground like granaries. There the boys people fraternal polyandry exists. Mrs. French-Sheldon (/. A. I. xxi. 365), writing before the British occupation, reports that every Taveta warrior had a girl living with him ; the girls were selected for this purpose on attaining puberty and before marriage. The life they thus led did not prejudice their subsequent marriage, nor was the warrior with whom such a girl might happen to live com- pelled or expected to marry her. She describes the ceremony of capture of the bride as if it were that of marriage, but it seems to be betrothal only ; and in this form it is confined to one clan. The Wataita, to whom Sir Harry Johnston assigns it, are divided from the rest of the Wataveta by the river Lumi, and partly (or chiefly perhaps) belong to the Ndighiri clan (Journ. Afr. Soc. i. 100, 98). In Teita the host offers his own wives to his guest (Post, A/r. Jur. i. 472, citing Krapf). 1 Johnston, Uganda^ ii. 553. The king was much stricter before British rule as regarded his ovm wives. The offending wife and her paramour were literally " chopped up alive together." Adultery is now punished with fines in the native courts. By a custom common among the Bantu north of the Zambezi one of the royal princesses who was called Lubiiga (king-sister) had royal precedence. She was never officially married, but she was allowed to take as many men as she liked : all Uganda was said to be her husband. The dowager queen in like manner had complete sexual freedom (Roscoe, /. A. I. xxxi. 122). But neither of these women was allowed to have children ; hence they practised abortion {Id, xxxii. 36, 67). MARITAL JEALOUSY 199 who have reached maturity have free access to them. If a girl become pregnant her lover is bound to marry her, paying the customary bride-price. This freedom is not among the Shuli confined to unmarried girls ; and husbands are not very sensitive about the vagaries of their consorts.^ A similar report is made concerning the adjoining tribe of the Latuka. Among them women and girls are said to be much more numerous than men, and it is suggested that this is the reason why the women are not renowned for chastity, and why the men are so lenient towards their wives.^ The marriao-e custom of the Nasamonians ot antiquity, is said to be still in use by the modern Abyssinians.^ The Beni Amer are Mohammedans. Among them, as we already know, virginity is assured until marriage. Wives, however, think everything permitted to them ; no conception can be formed of their levity, the motive of which is said to be low greed.* The people of Kordofan have likewise accepted the Prophet of Mecca, but Islam has not improved their sexual morality. Girls have unbounded licence, surrendering themselves readily even to strangers : when they have given proof of their fertility they are more likely to marry. Nor, it is well under- stood, do married women wholly resign their freedom. Their husbands of course know how to compensate themselves. Many a man beyond the wives whom the Koran allows him has others elsewhere. He marries and after a few days' sojourn with his bride takes a journey that may extend over months to ^ Emin Pasha, 103, 108, 271. ^ Id. 225. 3 McLennan, Studies, i. 173, citing Mansfield Parkyns, Life in Abyssinia, li. 51 sqq. 4 Munzinger, 326, 200 PRIMITIVE PATERNITY another part of the country or to Dar-Fur. In the course of his travels he marries, if possible, several more wives. The grass-widows he leaves behind him swarm in all the villages, making themselves as com- fortable as they can, and indemnifying themselves for their husbands' neglect by receiving especially strangers and travellers with open arms.^ In the Kingdom of Merine between Bondu and Wulli when a married man went on a journey his nearest neighbour took posses- sion of his wife and supplied her husband's place until the latter returned. This custom was mutually observed and every one submitted to it.^ More than one traveller testifies to the excessive freedom of the Monbuttu women. "It is not con- sidered improper,'* says Emin Pasha, "for a grown-up girl, though a prince's daughter, to visit her lover at nights, even should he be a servant. Should lovers wish to marry, the girl's father is informed of the fact, and he makes a feeble attempt to obtain payment for the bride. If the young man is rich, the price settled upon is immediately paid ; if he is poor, the claim is not pressed. As a rule the women appear to have considerable freedom in their amatory proceedings, but open prostitution is rarely seen. It is possible, however, that in the interior of the country, at a distance from the stations, other customs may be in vogue." ^ Schweinfurth's experience twelve or fifteen years earlier indicates that this conjecture is hardly in 1 Frobenius, loo. No further away from the civilisation, such as it was, of his day than Assuan, Benjamin of Tudela accuses the inhabitants of going naked and indulging in absolute promiscuity. These were not Negroes {Early Trav. 1 1 7). 2 Post, Afr. Jur. i. 472, citing Rubault. ^ Emin Pasha^ 208, MARITAL JEALOUSY 201 accordance with the facts. The daily witness of the Nubians who were with him "only too plainly testified that fidelity to the obligations of marriage was little known. Not a few of the women were openly obscene. Their general demeanour surprised me very much when I considered the comparative advance of their race in the arts of civilisation. Their immodesty far surpassed anything that I had observed in the very lowest of the Negrro tribes." Towards their husbands they exhibited " the highest degree of Independence. The position in the household occupied by the men was Illustrated by the reply which would be made If they were solicited to sell anything as a curiosity : ' Oh, ask my wife ; it Is hers.' " ^ The polygyny, which is practised on a large scale, does not seem to have reduced these women to subjection, " Wives are cheap and may be obtained even for nothing," They are very prolific, " Sterility is a disgrace, and some- times results in the wife being returned to her father. Usually, however, the husband prefers to add to his wives in the hope of obtaining children, . . . Cases of Hagrant adultery are brought under the notice of the chief, who confiscates the property of the adulterer and ^Ives two-thirds of it to the woman's father and one- third to the injured man," The father is required to provide the husband with another wife, usually a sister of the guilty woman. ^ A more recent writer speaks more strongly still, going so far as to say that " morality Is practically non-existent among the Mang-bettou." He ascribes this state of things to the large number of wives monopolised by the chiefs, 1 Schweinfurth, ii. 91. 3 Einin Pasha, 208, 209. The italics are mine. 202 PRIMITIVE PATERNITY " sometimes up to five hundred," so that "there are no women left for the young men of the village to marry." ^ This, however, hardly agrees with the accounts of Emin and Schweinfurth, and cannot apply universally. The real reason must lie deeper. Not very different is the report of the Azandi or Niam-niams, neighbours of the Monbuttu. They practise polygyny. All women are said to be in theory the property of the chiefs. " The woman's feelings do not appear to be consulted very much in matters matrimonial ; but if she is not happy in her conjugal life she takes the law into her own hands, which is usually by eloping with some spouseless man. . . . Neither the men nor the women are particularly faithful to one another, and absence from one another for more than five or six days puts a great strain on their powers of self-control." A man who had inter- course with a chiefs wife would be punished severely, by maiming or disfigurement. But in the case of ordinary people *'a present of cloth or beads or spears invariably acts as a salve on the outraged feelings ot the husband," Syphilis is very common.^ We have in a previous chapter considered the institutions of the Dinkas.^ Among the Wadjagga marriage is easily dissolved. A man will always send his wife away for sterility ; and her father must then repay the bride-price. It is however the woman who usually separates from her husband and betakes herself to another, and that for the most trifling causes. There are women who have ^ Capt. Guy Burrows,/. A. I. xxviii. 46. ^ MtWdLuA, Journ. Afr. Soc. iii. 240, 242, 2 Supra f vol, i. p. 313, MARITAL JEALOUSY 203 had as many as ten husbands. The aid of the chief in such cases can be invoked by either party. The prevailing polygyny causes a still greater sexual laxity among the women than among the men. Many husbands, even men of wealth and rank, regard their wives' proceedings with so much indifference that they make no objection to their adultery. Others, when a lover is caught in the act, only make use of their rights to extort the payment of a few goats. In fact it happens again and again that the husband eggs his wife on, in order to pluck the crow afterwards. The whole sphere of matrimonial causes is so full of baseness and fraud that the chief often gives no damages to either side, being unable to repress his disgust and characterising the affair as kindo kyesi, an abominable thing. Husbands, whose moral feeling is strong enough, a German missionary tells us, simply to repudiate an adulterous wife and let her go to her paramour without suing for damages are an excep- tion,^ Nor is polygyny any better safeguard of sexual morality among the Ngoni on the west of Lake Nyassa. " Men with several wives and many of the wives of polygamists have assignations with members of other families. I have been told," says a mission- ary, " by serious old men that such is the state of family life in the villages that any man could raise a case against his neighbour at any time, and that is the reason why friendliness appears so marked among them — each has to bow to the other in fear of offending him and leading to revelations which would rob him of his all." ^ Sir Harry Johnston's testimony to the same effect is of more general application 1 Gutmann, Globus, xcii. 3I) 32. ^ Elmslie, 59. 204 PRIMITIVE PATERNITY " Adultery," he says, " is extremely common, and in very few parts of British Central Africa is looked upon as a very serious matter, as a wrong which cannot be compensated by a small payment. The natives regard it with the same amount of emotion as they would the stealing of their fowls or corn in lieu of buying them, even though the price charged for them is very small." ^ The Swahili of the east coast profess Islam, but they have little of it beside the name and a few ritual observances. Unmarried girls are free to all men. After marriage a man is required to maintain his wife by giving her rations. But "many women receive no more than five pis /iz o( corn for ten days' allowance. This being very little they give themselves up to harlotry for maintenance."^ Chastity is unknown. " Upon the coast, when an adulterer is openly detected, he is fined according to the husband's rank ; mostly however such peccadilloes are little noticed."^ In the Portuguese province of Sena on the lower Zambesi it is not common for virginity to be preserved beyond the age of twelve. After marriage adultery is common. On discovery the husband may repudiate his wife and receive from her paramour the amount paid for her on marriage, together with a solatium ^ Johnston, Brit. Cent. Afr. 412. Between the sentences quoted are others which appear to be a note interpolated by accident in the text. They describe the jealousy of the natives with regard to Europeans. Other observations follow, ascribing to the native women in general fidelity to the marriage-tie while it lasts. I find a difficulty in reconciling these with the emphatic words I have quoted. 2 Krapf, Siiahili Did. svv. Muiida, Posho. 3 Burton, Zanzibar, i. 419. MARITAL JEALOUSY 205 called zipombo. The adulterine offspring" belongs to the begetter on payment of the upo77ibo — otherwise I infer to the husband. Cases are not unknown in which, for the sake of getting the tipombo, the husband has induced his wife to commit adultery.^ Among the peoples of the Marotse Kingdom in Northern Rhodesia marriage, it is said, hardly exists. A man and woman unite one day and live together as long as they like and separate even more easily than they united. A Swiss Protestant missionary declares the social condition to be the ideal of certain reformers in Europe — free love. It would be difficult to find a man of forty who still retained his first wife. There is no ceremony ; the pair enter into no definite engagement. Once the chief authorises the man to marry he is bound to make a few presents to his intended wife, and then they settle down together without the slightest fuss. Even for the children of chiefs there is no ceremony : an ox is killed, or perhaps more than one, for the purpose of a rejoicing ; but it is not until the marriage is over. The husband of the king's daughter is only formally brought to the khotla and officially recognised the day after the marriage has in fact taken place. Family life, as we understand it, has no existence.^ Testimony to the licentiousness of the various branches of the Bantu race dwelling south of the Zambesi is unanimous and emphatic from the earliest writers to the present time. Jakob Francken, who visited Delagoa Bay in the sixth decade of the eighteenth century, says that the Kaffir girls of eleven ^ M. M. Lopes, /oM/7/. Afr. Soc. vi. 364, 356, 382. * B^guin, 113; Bull. Soc. Neuchat. de Cc'og. xi, 99. 2o6 PRIMITIVE PATERNITY and twelve years old are usually all lovers and are reckoned marriageable ; jealousy has no place among the Kaffirs, for the mother offers herself and her daughter in the presence of her husband, and some- times the husband offers his wife ; but the Tembe are the most disorderly of all, for as soon as one sets foot in the country the creatures offer themselves, living in this respect like the beasts/ Alberti, who was on military service in Cape Colony at the beginning of the last century, reports somewhat more favourably of the morals of married women among the most southerly tribes, with which alone he came into contact. But the unmarried girls and widows were quite free in their relations with men. It was a token of hospitality to offer to a guest a girl as bed- fellow ; and if the offer were not made he easily found one for himself.^ According to the testimony of other writers the bedfellow was not by any means necessarily an unmarried girl, but often among both Basuto and Kaffirs a wife of the host.^ Fortunately we possess, in the writings of a Swiss Protestant missionary, an account of the population about Delagoa Bay, which is the most complete and ^ Rec. S. E. Aft: vi. 496, 498. ^ Alberti, 124, 162. ^ Endemann, Zeits. f. Ethnol. vi. 33 ; Nauhaus, Ibid. xiv. Verh. 210. The latter states in comprehensive terms the Kaffir law of adultery thus : A married man is never an adulterer as regards his own wife. A wife is only guilty if she yield herself to another man against the will of her husband. A man is only guilty who has intercourse with a married woman without the permission of het husband. A girl is only guilty who has not been successful in secretly applying the means of abortion constantly in use. A man is only guilty who has ravished a girl and been by her denounced to her father ) but this very seldom happens. Marital jealousy ^o; careful monograph ever published on any Bantu people. In spite of the wars and devastations which have taken place in South Africa, in spite of the wholesale slaughter repeatedly committed both by Bantu and Europeans, the Thonga tribes which now occupy that part of South Africa are substantially the same as those of Francken's day. It is understood, M. Junod declares, that the young people have the right to make love as much as they like and to go as far as they will. The only restrictions are that a young man is to avoid the married women, and that an un- married girl is not to become a mother. Within these limits they are free to indulge their passions, and any- body who is continent is more laughed at than admired. The girls are even more abandoned than the boys. The law however is severe on adultery. The adulterer is condemned to repay the bride-price paid by the husband, because he has appropriated something (namely, the wife) belonging to the latter. But the wife is no more punished than a cow stolen by a robber, unless she be caught in the act, when the husband may give himself the pleasure of administering a good thrashing. The question of purity, of chastity, does not enter into the matter ; and so indifferent are the women to their husband's morals that they will play the go-between for them in their overtures to other girls.^ Among the relics of uterine descent found amonor the Baronoa are the close relations existing between the maternal uncle and his nephew. ^ Junod, Les Baronga, 29, 32, 299, 490, 65, 66. As to marriage customs, 32, 490 (t/. Endemann on the Bechuana marriage customs and Griitzner on those of the Basuto of the Transvaal cited in a note below), 2o8 PRIMITIVE PATERNITY It would be irrelevant here to enumerate their corre- lative rights and duties. One, however, of such rights is that of the nephew in certain contingencies to inherit his uncle's widows. This right he is accustomed to anticipate whenever he chooses. He calls them wives and they call him husband. He is entitled to amuse himself with any of them as a betrothed lover. When he visits his uncle he deposits his sleeping-mat in the hut of the wife he prefers, and stays with her while he remains at the kraal. -^ Such conduct as this does not come within the Ronga definition of adultery. We can hardly go wrong in believing, though M. Junod is silent on the point, that the hospitality which lends a wife to any other guest is equally outside it. If so, Francken's description is hardly exaggerated. I have already exposed at sufficient length the condition of sexual morality among the Basuto and some of their neighbours ; ^ if anything, these tribes are more licen- tious than the Baronga. A missionary of great ex- perience, writing of the Kaffir tribes of the south as well as the Basuto, but without specifying more closely, says : *' Adultery is common, and frequently a woman allures with the knowledge of her husband, as to him 1 Junod, 77. The term malume, maternal uncle, includes a much wider circle of relatives than we are accustomed to associate with it. Among the Mashuna, when an old man has several young wives, a son or younger brother (to whom they would fall after his death) frequently anticipates that event by taking and using them in his lifetime. But this conduct is not viewed favourably by the husband (S. A. Native Affairs Com. iv. 80). 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" Der deutsche Volksaberglaube der Gegen- wart." Dritte Bearbeitung von Elard Hugo Meyer. Berlin, 1900. Yule, Colonel Henry (translator and editor). "The Book of Ser Marco Polo the Venetian." Two vols. London, 187 1. Zanetti, Dott. Zend. «* La Medicina delle Nostre Donne Studio Folklorico." Citta di Castello, 1892. " Zeitschrift des Vereins fiir Volkskunde." Nineteen vols, Berlin, 1891- " Zeitschrift fur Ethnologic. Organ der Berliner Gesellschaft fiir Anthropologic Ethnologic und Urgcschichte." Forty-one vols. Berlin, 1869- " Zeitschrift fiir vergleichende Rechtswissenschaft." Twenty-two vols. Stuttgart, 1887- " Zeitschrift fiir Volkskunde herausgegeben von Dr. Edmund Veckenstedt. Organ der deutschen Gesellschaft fiir Volks- kunde." Four vols. Leipzig, 1889-92. Zingerle, Ignaz Vincenz. "Sagen Marchen und Gebrauche aus Tirol." Innsbruck, 1889, " Sitten Brauche und Meinungen des Tiroler Volkes." Inns- bruck, 1 87 1. INDEX Abipones. Marriage customs ii. 25 n Abraham i. 265 Abyssinia. Marriage customs ii. 21, 199, 264 See Beni Amer, Gallas Achehn — see Sumatra Achewa — see Bantu Admiralty Islands. Impregnation by sun i. 25 Adoption of children i. 147, 148 ; ii. 248 Adultery, definition in lower cul- ture i. 301, 313 ; ii. 148, 150, 160, 178, 194, 196, 197, 2o5n. 207, 218, 231 ^neas and the snake i. 168 Agnatic descent — see Fatherright Ainu. Practices to procure chil- dren i. 32, 53. Re-birth i. 21 1 Albanians. Marriage customs ii. 18 Aleutian Islands. Marriage cus- toms ii. 15. Sexual morality ii. 234 Algiers. Prescriptions for barren- ness i. 68, 84 Algonkins. Marriage customs ii. 68. Matrimonial life ii. 65. Motherright i. 263 ; ii. 65. Names, influence of i. 214. Organisation i. 298. Roots prized by i. 47 n. Super- natural Birth, i. 22, 23 Arapaho. Sun-dance ii. 236 Cheyenne. Sun-dance ii. 238. Transformation after death i. 186 Illinois. Licentiousness ii. 106 Kickapoos. Licentiousness ii. 232 Algonkins. Naskopies or Nene- nots. Sexual relations, ii. 234. Premature marriages, ii. 271 See Blackfeet, Musquakies, Ojibways Ali, i. 18, 173 Aloe on graves i. 162, 163 Amazon River Indians. Cos- mology ii. 280 Amulets i. 1 18-122 Ancestors. As animals i. 174. Influence in securing continu- ance of family ii. 246. Wor- ship of i. 85, 121 ; in relation to Illatom ii. 41 n See Naming, Re-birth, Transformation Andaman Islands. Burial of chil- dren i. 227. Indians as de- ceased ancestors i. 236. Naming children i. 210, 226 Anglo-Saxons. Prescriptions for barrenness i. 54, 62, 233 See Athelstan Angoni — see Bantu Annam. Rabbits, belief as to i. 151. Supernatural Birth i. 13, 19. Tree-spirits i. i68n Annunciation, paintings of, i. 20, 21 Ansairee. Transformation after death i. 173 Apaches. Supernatural Birth i. 24 Apis i. 26 Apples, Appletree in impregnation rites and belief i. 36, 40 n. 60, "3. 134 Arabs. Marriage customs ii. 5-7, 16. Practices to obtain chil- dren i. 68 115, iig, 124. Supernatural Birth i. 13, 35 3" 312 PRIMITIVE PATERNITY Arabs. Ancient. Sexual morality i. 312 ; ii. 130, 222 Bedouins. Licentiousness ii. 221 Hassenyeh. Marriage customs ii. 222 Aracan. Sexual morality i. 312 Arapaho — see Algonkins Araucanians. Licentious festi- vals ii. 241 Arawaks. Legends ii. 64. Mar- riage customs ii, 63 Arianrod i. 1 33 Armenia. Mohammedan mar- riage custom i. 59. Rite to obtain children i. 136 Arthur, King i. 187 Ashanti. Husband not respon- sible for wife i. 275 See Negroes Assam. Sowing festival ii. 171 Lynngams, birth of ancestress i. 17 See Mikirs, Syntengs Aston, W. G., quoted i. 248 Athapascans. Puberty customs i. 88. Rebirth i. 219 Assineboin, Dene and Car- riers. Licentiousness ii. 233 Tacullies. Funeral custom i. 220 Athelstan i. 11 n Athene, segis of i. 108 Attis i. 17, 167, 168 Aubrey, John, quoted i. 159 Augilae. Marriage customs ii. 131 Augustine, St. cited i. 20, 149 Aurora Island. Child as " echo " of deceased i. 213. Super- stition i. 37 n^ See Melanesia Auseans. Licentiousness ii. 131 Australia. Beliefs as to cause of conception i. 52, 85, 119, 237- 244 ; ii. 274-279. Father re- born in son i. 198. Jump up Whitefellow i. 234. Kan- garoo-flesh given to cause fer- tility i. 54. Marriage customs and sexual relations ii. 223- 228. Menstruation, specula- tions on ii. 273. Organisation i. 236, 294. Premature inter- course ii. 261. Puberty customs i. 96, no; ii. log. Subjection of girls i. 295. Transformation after death i. 164, 184. Twins, how caused i. 119; ii. 278. Warehouse of children i. 242, 243, 244. Wife resides with husband ii. 36 n Arunta, beliefs and practices i. 238-241 Dieri. Marriage customs ii. 109 New South Wales. Sexual re- lations, ii. 112 Averrhoes, Case of pregnancy re- lated by i. 24 Awemba — see Bantu Aztecs. Children produced in realm of dead i. 245. Super- natural Birth i. 11, 17, 21 Bacchus i. 15 Baele (Eastern Sahara). Mar- riage customs ii. 59 Bakairi. Child called "little father" i. 209 n. Marriage customs ii. 61. Supernatural Birth i. 15 Balearic Islands. Marriage cus- toms ii. 131 Ballads, cited i. 158 Balochis. Jus Primce Noctis i. 304 n. Supernatural Birth i. 18 Banks' Islands. Sexual morality ii. 148. Stones, fecundation by i. 119 Bantu. Amulets, i. 121. Children of widow reckoned to de- ceased husband i. 315. Dolls i. 142, Licentiousness ii. I95r-2i6. Marriage customs ii. 22, 23, 24, 113, 122. Medicine for barren women i. 39, 68 n. Premature inter- course ii. 265, 267. Puberty customs i. 94-96. Raising up seed to another i. 316. Re- birth i. 201. Souls, multiple i. 201, 202 n. Tales i. 23, 72. Transformation after death i. 165, 169, 172. Twins i. 163 INDEX 313 Bantu, Angola — see Congo Angoni and Achewa. Theory as to spirits of the dead i. 169, 249 Awemba. Amulets i. 120. Naming children i. 214 n Azimba. Premature marriages ii. 266 Baronga. Marriage customs ii. 207 n. Maternal uncle ii. 207. Sexual morality ii. 207 Bechuana. Purification cere- mony ii. 210 Fans. Burial of child i. 227. Premature marriages ii. 269. Sexual morality ii. 215 Herero. Organisation 1. 275. Sexual morality ii. 137. Ondonga. Adultery i. 301 WayaoandMang'anja. Adultery i. 302 ; ii. 122. Marriage customs ii. log, 266. Puberty customs ii. 122, 123, 266. Sexual morality ii. 121, 265 Wazaramo. Fine husband on death of wife i. 276 West Coast (see Congo). Pre- mature marriages ii. 269. White people as spirits of dead i. 235 See Basuto, Congo, Loango, Suahili, Uganda, Wanyika, Warundi, Zulus Barea. Maternal uncle i. 287. Sexual morality ii. 121. Bari. Rite to obtain children i. 139. White people as spirits of dead i. 235. Marriage customs ii. 21 Barotse — see Bantu Basque. Marriage customs ii. 20 Basuto. Licentiousness i. 316 ; ii. 208, 210, 267. Marriage customs ii. 22, 208 n. Raising up seed to another i. 316, 317. Rites to procure children i. 88, 121, 144. Supernatural Birth i. 72 n Bata, hero of Egyptian tale i. 14. 156 Bataks — see Sumatra Bathing. Conception by i, 23, 24, 67, 75-87 Baze. Maternal uncle i. 287. Sexual morality ii. 121 Belgium. Prescriptions for ster- ility i. 62. Priapian statues i, 64 Ardennes. Sacred springs i. 64 Hainault. Nut-trees, prognos- tication by i. 89 n Beni Amer. Blood-feud i. 274. Licentiousness ii. igg. Mar- riage customs ii. 21 Benin — see Negroes Berbers. Sexual morality ii. 220 Besisi. Rite to fertilise mangostin i. ii6n. Rice-harvest festival ii. 171 Besom. Stepping over i. 133 Bhishma, Raja i. 18. Birch as fecundator i. 103, 104, 107 Birth Customs. Kwakiutl i. 113, 234. Maori i. 128, 212. Samoa i. 213 Blackfeet. Adultery, punishment of ii. 231 n. Medicine men communicate prolific virtue i. 117. Pregnancy by wish i. 117 Blood-covenant i. 258-262 Blood drunk to obtain children, i. 70, 72, 73. Other practices, i. 73 Blood-feud i. 272-277 ; ii. 97 Bogos. Maternal uncle, i. 287 Bohemia. Drink to obtain chil- dren i. 39. Licentiousness of ancient ii. 190 Bonaventura, St., hymn cited i. 20 Bonfires, leaping over i. 98 Bontoc Igorots — see Luzon Borneo. Licentiousness ii. 128, I5I-I53- Life after death i. 174. Marriage customs i. 59 ; ii. 34-36. Pregnancy, opinion of the Bahau on duration of ii. 274. Premature marriages ii. 259. Sacrifices for children i. 86. Transformation after death i. 161 Bororos. Licentiousness ii. 108. Marriage customs ii. 25, 272. Motherright ii. 25. Trans- formation after death i. 187 314 PRIMITIVE PATERNITY Bosnia — see Slav Botocudos. Dead children eaten i. 231 Bowditch Island, Marriage cus- toms ii. 39 Brames — see Negroes Brazil. Origin of Manioc i. 166, 229. Transformation after death i. 186 See Baka'iri, Bororos, Tupis Bride-price i. 281, 282, 292, 301, 313; ii. 15, 19, 25 n. 27,28,29, 30, 3^, 32, 33. 37) 47. 51, 57, 58, 60, 63, 67, 68, 82, 83, 84, 88, 95. 96, 99, 1^8, 119, 150, 180, 215, 216, 258, 261, 270 British Columbia, tribes of. Father not akin i. 280. Mar- riage customs ii. 89. Prac- tices, magical, to produce children i. 47, 53, 55, 139. Puberty rites i. 88, 91. Super, natural Birth i. 4, 12, 18, 25. Re-birth i. 218. Sexualhospi- tality ii. 234. Twins i. 190 See Haida, Lillooet, Kwa- kiutl, Salish Britons, Ancient. Sexual relations ii. 131 Brittany. Contract with Devil i. 36, Priapian statue i. 64. Sacred wells and springs i. 65, 80, Supernatural birth i. 16. Buddha. Birth i. 21. Parables i- 193 Buddhism, Transmigration in i. 192 Burgundy. Story of Baroness de Montfort i. 189 Burn — see Celebes Buryats. Licentiousness ii. 185 Bury St. Edmunds, rite at i. 131 Bushmen. Marriage customs ii. 61, 267. Sexual morality ii. 213. Transformation after death i. 165. Women hide from rain i. 88 Byblus. Mourning for Adonis ii. 136 Cabbage-bed, Children from i. 41, 42 Cseculus, founder of Prseneste, i. 18 Calabar. Water-serpent born again as boy i. 189. Old, Re- birth i. 201 California. Visit to other world i. 222 See Hupa, Maidu, Pimas, Wishosk, Yana, Yokuts,Yurok Cambodia. Marriage customs ii. 47. Peahens, fructification of i. 151. Puberty rites i. 91 Cafiaris. Origin ii. 108 Cantabrians. Marriage customs ii. 19 Caroline Islands. Marriage cus- toms ii. 36. Motherright i. 270. Wives, exchange of ii. 125 See Mortlock Islands Catalonia. Sacred oUa i. 79 Celebes. Marriage customs i. 59 ; ii. 57. Supernatural Birth i. 22 Celts. Transmigration i. 194 Ceylon. Polyandry ii. 166. Rite to obtain children, i. 140 n. Transmigration into buffaloes, i. 182. Sexual morality ii. 167 Chaco — see Paraguay Charm, power of verbal i. 28 Chastity, growth of ideal of ii. 102 Chechen. Blood-feud on murder of son i. 273. Marriage cus- toms ii. 17 Cheremiss. Licentiousness ii. 186 Cherkess. Marriage customs ii. 16 Cherokees. Marriage customs ii. 69. Shape-shifting ii. 235 n Chevsur. Blood-feud on wife- murder i. 274. Marriage cus- toms ii. 17 Cheyenne — see Algonkins Chieftainship in motherright i. 283 Children. Birth independent of sexual union i. 152, 237-240, 254 ; ii. 274-280. Magical Practices to obtain i. 30-155. Ndembo ii. 115. Origin of i. 41,42; ii. 274-280. Subject- ing wife to embraces of other men i. 307-318; ii. 134, 181, INDEX .15 187, 196, 214, 247. Value of ii. 244-248. Warehouse of i. 242-245 See Re-birth China. Marco Polo on licentious customs ii. 172 n. Marriage customs of aboriginal tribes ii. 44, Prescriptions against barrenness i. 36 n. 39, 46, 62, 117, 147. Re-birth i. 210. Sexual morality i. 311. Still- born child cut in pieces, i. 228. Supernatural Birth, i. 5, II, 19, 21 n. 24, 25. Trans- formation after death i. 180. Trees growing on graves, i. 62 Chingpaw. Licentiousness ii. 169. Marriage customs ii. 47. Re- carnation i. 182 Chinook. Licentiousness ii. 230. Puberty rites i. 92 Choctas. Maternal uncle i. 299 Christening customs, i. 134, 224 Christmas custom i. 107 Chukchi. Dolls i. 147. Licen- tiousness ii. 181. Marriage customs ii. 43, 256. Naming child i. 211. Re-birth i. 211. Stone as fecundator i. 119. Transformation after death i. 180 Circassians. Licentiousness ii. 188 Clothing conveys fecundity, i. 113- 116, 229 Cochin China. Premature mar- riages ii. 257 Cocoa-nuts given to barren women i. 34. Origin of tree i, 161 Conall Cernach, birth i. 9 Conchobar, birth i. 9. Exercised jus primce noctis ii. 132 Congo, tribes. Adultery i. 301. Father fined on death of child i. 276. Husband fined on death of wife i. 275, 276. Licentiousness ii. 113-117, 214. Life after death i. 235. Marriage of children of same father i. 265. Maternal uncle i. 277, 282-2S4. Medicine for barrenness i. 39. Motherright i. 262, 281-284. Premature intercourse ii. 268. Puberty rites i. 95. Sacred tree i. 44. Visiting husbands ii. 23 Contact of magical substance, fecundation by i. 17 Corpses, portions of, cure barren- ness i. 13, 15, 75, 77 See Relics Cosmogonic myths i. 2, 74, 245 n ; ii. 280 Courland. Marriage customs i. 104 Courtship, nocturnal. Europe ii. 20 n. Moluccas ii. 31. North America ii. 66, 85, 89, 90 Cow. - Flesh or milk given to procure offspring i. 34, 61, 62 Creation Legend of Batutsi i. 143. Of Yakuts ii. 180 See Cosmogonic Myths Creeks. Premature marriages ii. 272 Creole story i. 161 n Crows. Licentiousness ii. 232. Sacred Spring i. 67 n Cuchulainn. Birth i. 9. Re- birth i. 196. Visit to Maive ii. 132 Cupid and Psyche ii. 8 Curse, power of i. 28 Cyrus i. 1 1 n Daghestan. Blood-feud on wife- murder i. 273 Dahome — see Ewhe Dakota — see Sioux Damascus. Impregnation by wish i. 27 Danae i. 17, 25 Dandkil. Re-birth i. 232 Dar-For. Marriage customs ii. 59 Dinkas. Adultery i. 313. Divorce i. 314. Marriage customs i. 314; ii. 59. Paternity i. 313, 315 Dionysus i. 15 Divination to name child i. 199, 205, 206, 207, 211, 212, 213, 224 3i6 PRIMITIVE PATERNITY Divorce i. 267, 288, 290, 304, 305, 314, 322 n. 324; ii. 4, 21, 30, 33, 38, 43. 61, 66, 69, 72, 76, 78, 83, 84, 104, 106, 108, 120, 124, 126, 128, 129, 138, 139, 140, 142, 152, 154, 156, 158, 170, 173, 175, 178, 183, 186, 194, 204, 205, 212, 215, 218, 220, 233, 242 n Drinking, pregnancy from i. 4, 12, 13, 33, 38, 39, 62, 63-73, 75, 114 Druids i. 32 Druses. Sexual morality ii. 223 n Dyaks — see Borneo Ear, conception by i. 20, 149, 151 Easter customs i. 107 Easter Island. Premature mar- riages ii. 262 Easter-smack i. 107 East Indian Islands — see Borneo, Celebes, Engano, Java, Mo- luccas, Nias, Papua, Sumatra Eating or drinking, pregnancy from i. 4-17, 32-73, 75 Edeeyah. See Fernando Po Eggs. Marriage customs i. 58-60. Rites to procure children i. 57-61. Shells, treading on i. 112 Egypt, Ancient. Apis, conception of i. 26. Gods, identity of father and son i. 197. Ibis, impregnation of i. 151. Mar- riage customs ii. 20 n. Pros- titution, sacred ii. 263. Re- birth i. 205. Soul, composite i. 203, 204. Transformation after death i. 171. Two Brothers, story of the i. 13 See Osiris Egypt, Modern. Premature mar- riages ii. 264. Rites to obtain children i. 47, 69 n, 75, 131 Engano. Licentiousness ii. 259. Marriage customs ii. 33 England. Broomstick or pail, stepping over i. 133, 134. Cattle buried under fruit- trees i. 163 n. Children, ab- sence of in pre-historic graves i. 228 n. Children, rjaming i. 225. Children, rites to pro- cure i. 56, 129. Cradle, rock- ing empty i, 142. Game of Old Roger i. 159. Grave, planting roses on i. 160. Mar- riage customs i. 109, 133. Peahens, fecundation of i. 151. Proverbial expressions i. 70, 113. Rain at vi^eddings i. 89. Sacred wells and springs i. 65. Transformation after death i. 187, 188 See Anglo-Saxons Eskimo. Barrenness, prescription against i. 115, 147. Eggs for- bidden to girls i. 57. Festivals for the dead i. 215 ; ii. 146. Licentious customs ii. 140-147. Marriage customs ii. 77, 139, 271. Names, influence of i. 214; ii. 146. Polyandry ii. 142. Puberty rites i. 93. Re-birth i. 214,218 Esthonia. Premature intercourse ii.257 Etdin, wife of Cormac King of Ulaid i. 9 Ethiopic tale of Supernatural Birth i. 7 Etruscans. Licentiousness ii. 136 Ewhe. Children, origin of ii. 279. Children, rites to obtain i. 86. Children, sold or pawned ii. 99 n. Metempsychosis i. 172. Organisation i. 285. Re-birth i. 201. Sexual morality ii. 120, 219. Soul, composite i. 201 See Togoland Eye. Impregnation by glance i. 26, 27, 148 Fanti — see Gold Coast Fates. Hungarian Gipsy belief i. 48, 72. Aphrodite eldest of, Athens i. 130 Father and son combat i. 270- 273 ; ii. 64, 97-8 Fatherright. Described as owner- ship of children ii. 100 n. Fosters indifference to pater- nity ii. 246, Rise of ii. I- 100. Review of evidence ii. 92- IQO INDEX z'^y Fernando Po. Marriage customs ii- 23, 59 Fezzan. Prescription for sterility i. 54 Fiji. Banana planted on child's grave i. 162. Children, rite to obtain i. 39. Father responsi- ble for child's death i. 279 n. Licentious customs ii. 149. Maternal uncle i. 291 Finchale Church i. 129 Fir as fecundator i. 103, 104 Fire. Bonfires i. 98. Conception by sparli i. 18. Oven, v/arm, cures barrenness i. 98 Fish, Agent in Supernatural Birth i. 8. Conceive by mouth i. 151. Swallowing promotes conception i. 48, 49, 50, 51. Marriage ceremonies i. 51 Fishes, King of the, marchen i. 8 Flesh-meat, fecundation by, i. 9, 53-57 Flowers given for barrenness 1, 35 Fo-hi, founder of Chinese Empire i- 5 Foot, conception by i. 19, 112 Footprint. Conception by i. 19. Of Saint Remade i. 64 Formosa. Marriage customs ii. 12 Foxes — see Musquakies France. Amulets i. 118. Carrion buried under tree i. 163 n. Churches, rites at i. 125, 126, 136. Graves, plants growing on i. 159. Hedgehog, treading on i. 112. Marriage supersti- tion i. 89. Priapian statues . and connected rites i, 63, 125. Proverbial expression i. 70. Rude stone monuments rocks and trees, rites at i. 125, 126, 127-129, 130 n. Wells and springs i. 65, 79, 80 Frazer, Dr. J. G. On bonfire rites i. 100. On the Lupercal i. 102. On Midsummer Day rites ii. 192 On the sexual organisation of Pelew Islands ii. 179 n Friuli. Marriage custom i. 41 Fruit or herb, fecundation by i. 4- 6, 10, 13, 17, 32-41. 81 Funeral customs. Children i. 221, 226, 227, 228, 231 n. Dandkil i. 232. House-burial i. 229 n. 233 n. TacuUies i. 220 Gaboon. Husband not responsi- ble for wife i. 275 Galelarese beliefs as to twins i. 37 Galicia. Bathing for barrenness i. 77. Eggs i. 61 Gallas. Aloe planted on grave i. 162. Wife's illegitimate child, legal child of husband i. 322 Gallinomero. Metempsychosis i. 185 Ganguellas. Husband pays com- pensation on wife's death i. 276 Garamantse. Sexual relations ii. 131 n Garmanes. Children procured by charms i. 1 19 n Genghis Khan i. 26 Germany. Amulets i. 118, 122. Barrenness, drinks for i. 39, 67. Bonfires i. 98. Bride must not give away shoes i. 116. Burial of foal i. 163. Child, naming i. 225. Children, sundry rites to procure i. 113. Eggshell, treading on i. 112. Girls refrain from drink after sour kraut i. 67. Marriage customs i. 104, 109. Peasant Custumals i. 323. Pregnant woman, influence on trees i. 41 n. Sacred trees, children come from i. 42. Sacred wells and springs i, 66, 78. Shrovetide, striking women i. 103, 107. Transformation after death i. 166. Twins i. 37 See Pomerania Gilyaks. Soul and future life i. 179 Gindanes. Licentiousness ii. 131 Gipsies. Amulets i. 118. Barren women, practices by i. 48, 57, 68, 71, 73, 75, 233- Boy-root, 3'8 PRIMITIVE PATERNITY gathering i. 46. Father, posi- tion of i. 264. Marriage cus- toms i. log, 264 ; ii. 20. Supernatural Birth i. 12 Gold. Premature marriages ii. 257 Gold Coast. Children, right to pledge i. 278, 286. Children, rites to obtain i. 137. Fanti fathers i. 263, 286. Metempsy- chosis i. 1 72. Re-birth i, 200. Soul, composite i. 201. Tshis, sexual morality ii. iig See Negroes Greece, Ancient. Death rite, i. 177 n. Hero, worship of i. idgn. Marriage customs i. 41. Springs and streams giving fertility i. 83. Thesmophoria i. 102 n. Ulysses' marriage ii. 19 Athens. Children of same father allowed to marry i. 265. Marriage customs i. ic8. Rocks, rites at i. 130. Sexual relations i. 322 ; ii. 134 n Sparta. Marriage customs ii. 18. Sexual relations i. 322 ; ii. 134 Greece, Modern. Impregnation by wish i. 28. Marriage cus- toms, Kythnos ii. 19. Trans- formation, ballad, Lesbos i. 158 Groot, Dr. J. J. M. De, i. 163 Guanches. Sexual morality ii. 123 Guiana — See Arawdks, Macusis Guinea. Re-birth i. 199. See Negroes Haida. Exogamy i. 280. Mar- riage customs ii. 85. Ma- ternal uncle ii. 208 n. Organi- sation i. 296 ; ii. 85, 86. Puberty rites i. 92. Rein- carnation i. 186, 196, 219 See British Columbia Hand, conception by i. 19 Hare's flesh for sterility i. 54 Haussa Fulba. Sexual morality ii. 216 Hawaii — see Sandwich Islands Hebrews. Abraham's marriage i. 265. Divorce ii. 5. Mother- right i. 265. Samson's mar- riage ii. 7. Tamar, David's daughter i. 265. See Jews Hebrides. Sexual relations ii. 13311 Hedgehogs, i. 112 Heliopolis. Licentiousness ii. 136 Hephaistos i. 22 Herero — see Bantu Hiawatha i. 22 Hidatsa. Cavern of children i. 244. Licentiousness ii. 229, 232, 236 Hindus, Ancient. Children, rites to procure!. 33,61,118,123,124, 141, 307. Mahdbhdrata i. 231 n; ii. 163. Marriage law ii. 254. Marriage rites i. 89, 132, 141. Reincarnation i. 182, ig6 Hindus, Modern. Aboriginal tribes, adoption of rites by ii. 155. Children, rites to pro- cure i. 34, 51, 81, 141, 181, 208. Children, stillborn i. 209. Girl, firstborn, put to death i. 209. Husband and wife remarried i. 208. Hus- band's funeral rites on wife's pregnancy i. 208. Jus Prinice Noctis i. 304. Marriage law ii. 254. Marriage rites i. 208. Reincarnation i. 180, 209. Wife subjected to embraces of other men i. 307 See India Homa — see Soma Hopi (Moqui). Agriculture ii. 74. Marriage customs ii. 75. Metempsychosis i. 185. Sexual relations ii. 104. Supernatural Birth i. 4, 18 Hospitality, Sexual, i. 313, 317 ; ii. 107, 121, 142, 148, 153, 155, 181, 187, 206, 208, 215, 218, 221; 222-224, 227,22s, 233,234 Hottentots. Heitsi-eibib i. 4. Premature marriages ii. 267. Puberty rite i. 88. Sexual morality ii. 212. Women, position of ii. 60 INDEX 319 Huitzilopochtli i. 17 Hungary. Barrenness, rites to cure i. 40, 60, 67, 71, 73, 74, 75, 106. Twins i. 2,7 See Gipsies Hupa. Barren women, rite by i. I24n. Marriage customs ii. 83. Supernatural Birth i. 27 Hurons. Burial of babes i. 221, 232. Future life i. 186. Licen- tiousness ii. 105. Marriage customs ii. 66. Organisation i. 298. Visiting husbands ii. 65 Ibani — see Niger Iceland. Naming child i. 224. Rain at weddings i. 89. Sterility, remedy for i. 62. Supernatural Birth i. 7. Transformation after death i. ^57> 158 Ignorance, Physiological, on con- ception ii. 249-281. On ve- nereal disease ii. 277 n India. Amulets i. 118. Beena marriage ii. 41 n. Chastity test i, 135. Children, burial of (Panjab) i. 227, (Madras) 231 n. Children, rites to ob- tain 1. 47, 50, 69, 71, 76, 80-82, 90, 116, 123, 124, 229, 230. lUatom, custom of ii. 410. Jdtaka i. 18, 193, 307. Li- centiousness i. 304; ii. 156- 160, 166 n, 167, 169. Mahd- bhdrata i. 231 n ; ii. 163. Mar- riage customs i. 109, 208; ii. 15, 40, 41, 46, 58, 161, 165, 167, 168 n. Phallic rites i. 123, 124, 306. Polyandry ii. 158, 161-164, 165. Puberty rites i. 93, 04. Re-birth and naming child i. 205-208. Re- incarnation (Buddhist story) i. 193. Rukmini, death and transformation of i. 160. Supernatural Birth i. 5, 6, 11, 12, 18, 26, 49, 231 n Dosddhs. Festival i. 35 Gonds. Bringing back soul i. 50 Khonds. Multiple souls i. 206 See Assam, Bhishma, Balo- chis, Kafirs, Khasis, Kols, Krishna, Ladak, Manipur, Manu, Mikirs, Nambutiri, Ndyars, Oraons, Parsees, RaJEi Rasalu, Santals Sikkim, Siva,, Todas, Vishnu, Visvamitra Ingush. Tale of Chopa i. 271. Taboo of mother-in-law ii. 17 Insects &c., taken to procure off- spring i. 47 Iowa — see Sioux Ireland. Apple-tree on grave i. 160 n. Licentiousness of Ancient ii. 132. Marriage customs of Ancient ii. 1320 Supernatural Birth i. 9 See Conall Cernach, Con- chobar, Cuchulainn, Saints. Iroquois. Child, seclusion of i. 98 n. Licentiousness ii. 105. Marriage customs ii. 66. Matrimonial life ii. 65, 67. Organisation i. 298 ; ii. 67. Re-birth and transformation i. 220. Souls multiple i. 220 See Cherokees Italy. Amulets i. 21. Ancient, burial of children i. 228. Barrenness, medicines for i. 36, 54. Children, other rites to procure i. 113, 114. Chil- dren, where found i. 42. Naming child i. 225. Pro- verbial expression i. 70. Re- birth i. 225 n. Sicilian tale of magical ox i. 163 See Friuli, Palermo, Peru- gia, Rome, Siena Ivory Coast. Adultery and pa- ternity i. 318, 319; ii. 120. Dolls i. 142. Licentiousness ii. 120. Organisation of family i. 277, 278 n., 284 See Negroes, Niger Jarrow Church i. 129 Ja-Luo. Belief as to conception i. 98 Japan. Children, medicine to obtain i. 39. Children of same father allowed to marry i. 265. Children, rites to obtain i. 113, 135, 147. De- 320 PRIMITIVE PATERNITY scent originally matrilineal ii. 14. Eggshells i. 112. Ghost, word for i. 248. Marriage customs ii. 14. Phallic dei- ties, festival i. 108. Sun, impregnation by i. 25. Transformation after death i. 178 Jataka — see India Java. Child, burial of i. 227. Children, fish eaten to pro- cure i. 49. Cult of cannon i. 123. Marriage customs i. 58 Jealousy, marital i. 302 ; ii. loi- 248 Jesus Christ. Mediaeval fancies respecting birth i. 19-21. Mohammedan tradition of birth i 21. Origen's argument for Virgin Birth i. 151 Jevons, Prof : F. B. i. 15 Jews. Barren women, prescrip- tions for i. 67, 70, 77, 78, 84. Childbirth custom i, 40 n. Mandrake i. 45. Marriage rites i. 51, 58, 109. Sons, prescription to procure i. 52 See Hebrews Jupiter i. 15 Kabyles. Rites to obtain children i. 131 Kafirs of the Hindu-Kush. Licen- tiousness i. 303. Marriage customs ii. 58. Naming child i. 207 Kaffirs — see Bantu Kalewala i. 22 Kamtchadals. Children, prac- tices to procure i. 71. Licen- tiousness ii. 183. Marriage customs ii. 42 Kansa. Medicine to produce pregnancy i. 39. Sexual morality ii. 232 Kathakoga i. 11 Kavirondo. Burial of child i. 227, All children of wife belong to husband i. 318 Khasis. Divorce ii. 129. Matri- monial relations ii. 9, 10 Kich — see Nilotic Tribes Kickapoos — see Algonkins Kinship. Terms in lower culture i. 293; ii. 112. Originally traced through one parent only i. 300. Examination of reasons for tracing through mother i. 300-325. Change of reckoning ii. 2, 92-100 See Motherright Kiowa. Marriage customs ii. 70 Kirghiz. Birth of Genghis Khan i. 26. Tree growing on grave i. 158 Black K. Supernatural Birth i. 23 Kara K. rites practised by barren women i. 84, 113 Kordofan. Licentiousness ii. 199 Korea. Amulets i. 119 n Koran. Magical use of chapters i. 59, 68 Koryaks. Marriage customs ii. 43. Naming child i. 212. Re«birth i. 212. Supernatural Birth i. 11. Wife, subjecting, to embrace of stranger ii. 181 Krishna i. 160 Krumirs. Hospitality rite ii. 221 Kumiks. Blood-feud on murder of half-brother i. 273 Kunama. Blood-feud, incidence of i. 274. Father and uncle i. 287 Kurdistan — see Armenia Kwakiutl. Birth customs i. 113, 234. Marriage customs ii. 88. Pregnancy from chewing gum i. 38. Sexual morality ii. 234. Sun, impregnation by i. 25. Twins i. 190 Kythnos — see Greece Ladak. Metempsychosis i. 185 Ladrone Islands. Sexual morality ii. 125 Lapps. Naming and change of name i. 224 Lenape. Supernatural Birth i. Lent. Bonfires, first Sunday i. 99 Levirate i. 310, 314, 315, 324 ; ii. 187 INDEX 321 Lillooet. Marriage customs ii. 84. Puberty rites i. 92. Shamans cause fecundity i. 139 n. Twins i. 190 Linga— see Phallic Loango. Maternal uncle i. 281. Puberty rites i. 95 See Congo Lourdes water, specific for barrenness i. 66 Lucky Fool — see Wish Lupercal i. 100-106 Luzon. Bontoc Igorots. Mar- riage customs ii. 26. Naming child i. 223. Igorots and Tagbanua. Premature mar- riages ii. 262 Luxemburg. Saint Lucia's arm- chair i. 130 Mabinogion i. 247, 287 n Macusis. Marriage customs ii. 63 Madagascar. Barren women, rites by i. 67, 72, 124. Licentious- ness ii. 153-155. Premature marriages ii. 263. Social organisation i. 324. Trans- formation after death i. 173 Maghribin Saint i. 321 Magyar — see Hungary Mah^bhjCrata — see India Maidu. Barren women, rite by i. 124. Burial of stillborn child i. 228. Cosmogonic legend i. 245 n. Licentiousness ii. 232. Premature marriages ii. 271. Oankoitupeh, legend of i. 195. Organisation and marriage customs ii. 82. Transforma- tion after death i. 166 Malay Peninsula. Marriage cus- toms (Selangor and Patani States) ii. 45. Metempsy- chosis i. 177. Polyandry (Sakai) ii. 171 n See Besisi, Semang Man, Isle of. St. Maughold's well i. 66, 129 Mana i. 28 Manchu. Origin of dynasty i. 5. Wedding customs i. 41 n. 134 Mandans — see Sioux Mandrake i. 44-46, 119 Manioc, origin of i. 166, 229 Manipur. Ancestor as snake i. 178. Bone-money paid on wife's death i. 278 Mannhardt, W. on Bonfires i. 100. On the Lupercal i. 102. On Midsummer Day ii. 192 Manu, Laws of i. 182, 196, 208, 308 Maori. Birth customs i. 128, 212. Father responsible for child's death i. 279. Marriage customs ii. 39. Sexual mor- ality ii. 172 Marchen defined i. 2 Mares. Impregnated by wind i. 149. Milk given to barren women i. 55, 62. Rites to impregnate i. 33 n Marquesas Islands. Marriage cus- toms ii. 176. Puberty rites ii. 176. Supernatural Birth i. 26 Marriage customs. Beena mar- riage ii. II, 13, 14, 19, 20, 24, 37. 30-36, 38, 41-43. 51, 53, 55. 60-63, 67-72, 76, 77. Boy seated on bride's lap i. 141. Bride beaten i. 53 ; seated on bull's-hide i. 132 ; on man's coat i. 133 ; in St. Bede's Chair 1.129. Cabbages, plant- ing of i. 42. Eggs, use of i. 58-60. Fir, use of i. 104. Food, ritual i. 39, 41, 42, 53. Grain, throwing i. 109. Old shoes i.iog. Rain i. 89. Rose- mary i. 33. Sun,iexposure to i. 89. Temporary marriages ii. 5. Visiting husbands ii. 7-27, 6r Marshall Islands. Blood-feud, settling i. 226. Licentiousness ii. 124. Motherright i. 278. Premature intercourse (Ya- luit) ii. 262 Masai. Barrenness, prescriptions against i. 68, no, 120. Death rites and transforma- tion after death i. 171. Licen- tiousness ii. 193. Premature intercourse ii. 264 322 PRIMITIVE PATERNITY Massagetai. Sexual morality ii. 130 Masur women, prescription against barrenness i. 68 Mbondemos. Premature mar- riages ii. 269. Melanesia. Chastity, value of ii. 148. Marriage customs (Rotuma) ii. 36. Sexual morality ii. 148-151 See Banks Islands, Fiji, New Caledonia, New Hebri- des, Papua, Solomon Islands, Sulkas Menangkabau Malays. Matri- monial relations ii. 10. Super- natural Birth i. 6 Menstruation, cause of ii. 263, 273 Merine. Sexual morality ii. 200 Mexico. Barrenness, cures for i. 40, 80, 146. Calabash-tree and tobacco, origin of i. 166. Mankind, origin of i. 74. Naming child i. 225. Sexual relations of Tarahumare ii. 239 Middle Ages. Fancies respecting birth of Jesus Christ i. 19-21. Nostrums to obtain chidren i. 55. Peasant Custumals (Ger- many) i. 323 Midsummer Day rites 1. 99; ii. 191 Mikirs. Marriage customs ii. 46 n. Re-birth i. 212 Milk against sterility!. 55, 62, 118, 120. Human i. 70 Minahassa — see Celebes Mistletoe 1. 32 Mohammedan law. Kinship i. 287, 321. Marriage ii. 5, 6. Paternity i. 312, 321 Mojave. Supernatural Birth i, 24 Moluccas. Children, rites to pro- cure i. 60, 85, 135, 139. Death in child-bed, rites i. 173. Licentious festivals ii. 126, 127. Marriage customs ii. 27-33. Sexual morality ii. 126, 138, 259. Star, con- ception by i. 98. Supernatural Birth i. 22, 98. Tree of Sorrow i. 160. Tree planted on grave i. 162. Transforma- tion after death i. 174 Monbuttu. Sexual morality ii. 200 Montezuma i. 24 Moon, fecundation by i. 26, 98 Moquis — see Hopi Mordvins. Barren women, rites by i. 83. Licentiousness ii. 186. Marriage custom i. 58 Morocco. Amulets i. 119. Barren women bathe i. 80 Mortlock Islands. Marriage cus- toms ii. 36. Motherright and local exogamy i. 269 Mosquito Indians. Sexual mo- rality ii. 239 Mother-in-law taboo ii. 93 Motherright i. 253-325 ; ii. 1-3. Bloodfeud in i. 272-275. Children of same father by different mothers not akin i. 264, 265. Father, alien posi- tion of i. 262-300 ; ii. I. Father and son combat i. 269. Fatherright, transition to ii. 2, 92-100, 139. Husband and father, responsibility of i. 275-279. Paternity, un- certainty of, as reason for i. 300-325. Potestas in i. 281- 300 Mouth, conception by i. 12, 151. See Drinking, Eating Muetter i. 137 Murray Islands — see Torres Straits Musquakies. Children, burial of i. 226, 232. Marriage customs ii. 68. Sexual relations (Foxes) ii- 233 Myddfaij Physicians of i. 32 Nambutiri Brahmans. lUatom, custom of ii. 41 n. Marriage rules i. 266. Ndyars, relations with i. 267, 269 Naming child after ancestor i. 205- 207, 211-213, 215, 217, 223- 226. After saint i. 223 n INDEX 32, Nandi. Circumcision rites i. lion. Licentiousness ii. 195 n. Premature intercourse ii. 265 Nasamones. Marriage customs, sexual morality ii. 130 Naskopies — see Algonkins Natchez ii. 69 n. Licentiousness ii. 106 Nauru Island. Marriage customs ii. 38. Polyandry, licence ii. 124 Niyars. Inheritance, rules of i. 300. Kdranavan, powers of i. 288. Social organisation i. 266 Negroes. Adultery i. 319. Chil- dren, sale of, by wife to husband ii. gg. Licentious- ness ii. 118, iig, 217, 218, 220. Life after death i. 200. Me- tempsychosis i. 172. Prema- ture intercourse and mar- riage ii. 269, 271. Re-birth i. 200. Surinam, Bush Negroes of i. 286. See Ashanti, Calabar, Ewhe, Gaboon, Gold Coast, Ivory Coast, Niger, Senegal, Slave Coast Nenenot— see Algonkins Nestorians. Supernatural Birth i. 16 Netherlands. Sexual hospitality i- 313 New Britain. Premature mar- riages ii. 261 n New Caledonia. Barrenness, prescriptions against i. 147 n. Fertility of soil, rite to pro- duce i. Ill n. Premature intercourse ii. 261 New England. Rocking empty cradle i. 142 New Guinea — see Papua New Hebrides. Motherright i. 270, 291. Premature mar- riages ii. 261. Sexual morality ii. i4g See Aurora, Melanesia New Pomerania — see Papua, Sulkas New York. Rocking empty cradle i. 142 Niam-niams. Sexual morality ii. 202 Nias. Life after death i. 176 Niger, iNligeria. Amulets i. 120, Burial of children i. 226 n. Marriage customs i. 320 ; ii. 24. Metempsychosis i. 172. Re-birth, i. 201 n See Negroes Nilotic tribes. Burial i. 233 n. Children, rites to obtain (Kich) i. 87 n. , Licentiousness ii. 198, 199 See Bari, Dinkas, Mon- buttu, Niam-niams Norway. Naming child i. 224. See Scandinavia Ntlakapamux — see British Co- lumbia Nubia. Premature marriages ii. 264 OjiBWAYS. Adultery ii. 231 n. Shape-shifting ii. 235 n Oraons. Licentious festival ii. 159. Marriage rites i. 109 Oroino. Rites by barren women i. 85 Orpheus and Eurydice, Call- fornian tale i. 222 Osages Licentiousness ii. 233 Oriris, as Bata i. 14 n. As corn &c. i. 167 Ossetes. Marriage customs ii. 17. Sexual morality ii. 187 Palermo. Sacred spring i. 66 Palestine, Ancient. Burial of children i. 228. Modern. Rites by barren women i. 67, 84, 131 Palm Sunday customs i. 107 Panjab — see Hindus, India Papua. Maternal uncle i. 289. Motherright i. 265, 271, 279 ; ii. 36, 123. Naming child i. 226. Sexual morality ii. 123, 124. Supernatural Birth i. 18. Bismarck Archipelago. Marital jealousy i. 302. Premature marriages ii. 261. See Sulkas 324 PRIMITIVE PATERNITY Papua. Tami Islands. Father responsible for child's death i. 279. Premature intercourse ii. 261. Paraguay. Sexual relations ii. 240. Marriage customs (Chaco) i. go. Premature marriage (Guatos) ii. 272 Parsees. Marriage rite i. 8g Parsley i. 41, 42 Parthenogenesis i. 31 Paternity. Indifference to ii. 243, 249, 283. Legal not depend- ent on physical i. 304-325. Physical not understood i. 254 ; ii. 250-281. Social organisation retarded con- sideration of i. 256 ; ii. 285 Pawnees. Bear re-born as child i. 189. Marriage customs ii. 70 Arikara. Licentiousness ii. 229 Skidi. Curative roots i. 47 n. Impregnation by meteor i. 26 Pearl. Fecundation by i. 11 Perseus i. 17 Persia, Ancient. Soma-juice for barrenness i. 33. Supernatu- ral Birth i. 12, 23. Zoroaster, birth of i. 12 Persia, Modern. Amulet i. 119. Marriage rite i. 89 Perugia. Cure for barrenness i. 66 Peru, Ancient. Cavinna, origin of, from lake i.222. Licentious festival ii. 241. Supernatural Birth i. 12 Phallic amulets i. 121. Images i. 63, 123, 148. Worship i, 122, 148 Philip, Breton legend of St. i. 16 Picts. Sexual relations ii. 132 Pimas. Supernatural Birth i. 24 Pliny on Druids i. 32. Impregna- tion of partridges and mares i. 149. Mandrake i. 45. Phcenix i. 151 Poggi Islands. Licentiousness ii. 128 Poland. Children, blood drunk to procure i. 70. Transfor- mation after death, i. 188 Polyandry ii. 104 n. 109-112, iig, 123, 124, 130, 131, 134, 142, 158, 161-167, 171 n. 173 n. 174, 176, 181, 186 Pornerania. Prescriptions for barrenness i, 62, 70 Porto Rico. Jus prima noctis ii. 108 Potestas in Motherright i. 264, 281-300 ; ii. 120, 123, 137, 139, 150 Potlatch ii. 88 Priapus, Priapian statues — see Phallic Proserpine i. 15 Prussians, Ancient. Marriage rite i-53 Pshavs. Licentious festival ii. 188 Puberty. Rites (Boys) i. no, 287; ii. 123, 193, 209, 225, 226, 227, 228. (Girls) i. 88, go-98, 1 10; ii. 109, 121, 123, 176, 193, 196, 20g, 255, 25g, 266. Sexual intercourse before ii. 113, 116, 138, 172, 176, 193, 254-272 Pueblo peoples. Organisation ii. 71. Supernatural Birth i. 4, 18, 24, 25 See Hopi, Sia, Zuili Queensland — see Australia Quetzalcoatl i. 11, 21 Quiche. Supernatural Birth i. 1 9 Rain, pregnancy by i. 24, 88 Rijd Rasdlu i. 5, 6 Re-birth. Belief in i. 50, 195-244 Buddhist doctrine of i. 192. Children, re-birth of ancestors i. 195-209, 211-213, 218-226; ii. 279. Or of members of same family i. 209-211,221; ii. 280. Rites to obtain i. 69, 7i>. 75-77. 229-233. Lower animals and vegetables, re- born as human beings i. i8g. Stories i. 11, 15, 156, 195, 196, 210, 218, 222, 231 n Reinach, M. Salomon i. 103 Relics, fecundation by. Of saints and martyrs i. 16, 76. Of executed criminals i. 76 See Corpses INDEX 325 Rhys, Sir John, i. 248 Rice eaten by barren women i. 35 Rome, Ancient. Marriage customs i. 124, 133 ; ii. 258 See Caeculus, Lupercal, Sa- bines, Servius TuHius Rosemary i. 2^, 103, 107 Rue i. 33 n Riigen. Rite to procure children i. 67 Russia. Barrenness, cures for i. 62, 70. Child, burial of still- born i. 228. Licentiousness ii. 188, 191. Marriage customs (ancient) ii. iSg, 191 ; (modern) i. 104, 109, 132-3. Midsummer Day customs ii. 191. Palm Sunday custom, i. 107 See Courland, Esthonia, Mordvins, Samoyeds, Slavs, Votiaks Sabinhs, Rape of the i. 105 ; ii. 226 Sagas defined i. 2 Saints. Celtic i. 10, 12. Ethiopic i. 7. Invoked for and givers of offspring i. 18, 36, 63, 64, 65, 76, 78, 83, 116, 125, 126, 127, 129, 130, 131, 136. Magh- ribin i. 321. Tree on grave of i. 158 Salish — see British Columbia Saliva, conception by i. 12, 68, 73, 74. Proverbial expression i. 70 Samoa. Birth custom i. 213. Sexual morality ii. 175. Snipe fecundated by wind i. 22. Woman fecundated by sun i. 25 Samoyeds. Premature marriages ii. 258 Sandwich Islands. Licentiousness ii. 174. Premature marriages ii. 263. Santals. Life after death i. 245. Marriage custom ii. 41. Sexual morality ii. 157 See India Saoshyant, i. 23 Sardinia. Cures for barrenness i. 67 Saxons, Transylvanian. Prescrip- tions for barrenness i. 50, 54, 67. 77 Scandinavians, Ancient. Doctrme of souls i. 198 n. Eric Ha- konsson i. 7. Sexual relations ii. 133. Supernatural Birth i. 7 See Iceland Scotland. Women bathe in sacred wells, &c. i. 78, 79. Trans- formation after death i. 187 See Hebrides, Picts Sea-bathing for barrenness i. 67 Semang. Birth ceremonies and beliefs i. 55. Metempsychosis i. 177 Semele i. 15 Semen imbibed or inhaled i. 12, 69, 151 Seminoles, Marriage customs ii. 69 Senecas — see Iroquois Senegal — see Negroes Serbs. Prescriptions for barren women i. 39, 71, 83, 106 Seri. Ignorance of paternity ii, 279. Marriage customs ii. 80. Organisation ii. 78 Servius Tullius i. 27 Shan. Marriage custom i. 59 Sheduir Van, Mongolian tale of i. 249 Shekiani. Premature marriages ii. 268 Shih-King i. 19, 20 n Shoshones. Lending wives ii. 230 Shrovetide rites i. 98, 103 Sia. Licentiousness ii. 103. Marriage customs ii. 76. Medicine to cause pregnancy i. 38. Supernatural Birth i. 4 Siam. Impregnation by sun i. 25 Siberia. Brides eat fruit i. 39. Capercailzie, belief as to i. 152. Turks' marriage rite i. Chukchi, Koryaks, See Buryats, Gilyaks, Kirghiz, Tunguz Siena. Palazzo Pubblico i. 20. Children where found i. 43 Signatures, doctrine of i. 45 326 PRIMITIVE PATERNITY Sikkim. Barrenness, rite to cure i. ii6. Eggs, an offer of mar- riage i. 59 Simulation, rite to obtain children i. 139-147 Sioux. Buffalo dance (Mandans) ii. 235. Licentiousness ii. 229 ; (Mandans) ii. 229, 231, 235. Marriage customs ii, 71. More souls than one i, 221. Organisation i. 299. Re-birth i. 221. Twins (Tetons) i. 222 See Crows, Hidatsa, Kansa Siva i. 26, 123. See India Slave Coast. Vow to obtain children i. 138 See Ewhe, Negroes, Yoruba Slavs. Child, burial of i, 228. Children, practices to obtain i- 39, 47. 54 n. 68 70, 71, 83, 106, 114, 233. Marriage cus- toms i. 1 13 n. Sexual morality ii. 188-T92 See Bohemia, Russia, Serbs Society Islands. Licentiousness ii. 175. Transformation after death i. 184 Solomon Islands. Metempsychosis i. 182. Sexual morality ii. 148 See Melanesia Soma given to barren woman i. 33 Sommonocodon, Siamese deity i. 25 Son, Father re-born in i. 195-199 Soul, composite i. 201-206, 215, 220, 221 Spokanes. Marriage customs ii. 84 Springs, Sacred — see Wells Star, fecundation by i. 12, 98 Stones, fecundation by i, 4, 11, 119, 121 Stones, Standing and Rocks, rites at to procure children i. 78, 126, 127, 128, 129, 135 Streams that procure fecundity i. 79, 83, 84, 130 Styria. Prescriptions for barren- ness i. 39, 62 Suahili. Maternal uncle i. 288. Sexual morality ii. 204 Sulkas. Marriage custom i. 96. Rite to cause conception i. 1 12 See Papua Sumatra. Burial of child i. 227. Engano, belief concerning i. 150. Husband and wife rarely dweirtogether (Orang Mamaq) i. 264. Maternal uncle i. 289. Marriage customs i. 59 ; ii. 51-57. Motherright, decay of ii. 98, 99. Premature mar- riages (Achehnese) ii. 259 Sun. Impregnation by i. 25, 8g. Puberty customs in relation to i. 90-98 Supernatural Birth. Stories i. 1-29. World-wide and not derived from one centre i. 28. Relation between stories and magical practices i. 30. Origin of in physiological ignorance i. 253 ; ii. 281 Sweden. Marriage custom i. 141 Switzerland. Jocular practice by women at vintage i. 148. Jocular tribunal on old maids i. 80 n Syntengs. Divorce ii. 129. Matri- monial relations ii. 8 Tag ALAS. Twins i. 37 Takelma. Marriage customs ii. 83. Puberty rites i. 93 Talaner Islands. Compensation for wife's adultery i. 278. Marriage customs ii. 33 Taluti — see Society Islands Tamar and Amnon i. 265 Tanah - Papua. Supernatural Birth i. 17 Tartars. Marriage customs i. 89 ; ii. 17 Taveta. Licentiousness ii. 196. Marriage customs ii. 197 Teton — see Sioux Thliukit — see British Columbia Thompson Indians (Ntlakipa mux) — see British Columbia Tibet. Hat-choosing festival ii. 171. Polyandry ii. 164 Timor. Marriage customs ii. 34, 57 Tinneh — see Athapascans INDEX I'^l Tirol. Marriage ceremonies i. 58. Oven, warm, cures barrenness i. 98 Todas. Father, word for ii. 280. Licentiousness ii. 158-160. Polyandry ii. 158. Pregnancy rite ii. 158. Puberty rite ii. 255. Supernatural Birth i. 18 Togoland. Pregnancy, duration of ii. 275 n. Underjaws of dead, material for children i, 246 ; ii. 279. See Ewhe Tonga Islands. Sexual morality ii. 125 Tonkin, tribes of. Adoption of children i. 148. Licentious- ness ii. 170. Marriage cus- toms ii. 48-51 Torres Straits Islands. Children, women eat pigeons to obtain i. 56. Marriage customs ii. 37, 261. Maternal uncle i. 291. Metamorphosis after death i. 183, 189. Puberty customs i. 96 Totemism and totemic clans i. 257. In Australia i. 237-239, 242 Transference, doctrine of i. 73 Transformation after death i. 13, 156-189, 234-236. Wide dis- tribution and archaic cha- racter of belief i. 190. Rela- tion between, and Trans- migration i. 246-252 Transmigration of Souls. Bud- dhist doctrine i. 192. Celtic doctrine i. 194. Relation between, and Transformation i. 246-252 Transylvania — see Gipsy, Hun- gary, Saxons Trees, Sacred i. 42, 44, 113, 127, 128,129,161, Burying cattle &c., under trees i. 163 n. Planting trees on graves i. 161. Transformation into trees i. 158-168 Troglodytse. Licentiousness ii. 131 Tuareg. Licentiousness ii. 220 Tunguz. Sexual morality ii. 182 Tunis. Rites to obtain children i. 130 Tupis. -Father takes new name on birth of son i. 209 n. Super- natural Birth i. 8 Turcomans. Marriage customs ii. 16, 257 Turkestan. Licentiousness ii. 186 Turks — see Siberia Tusayan. Sacred spring i. 66 Tuscany — see Italy Twins. Birth i. 113, 163. Legend of (Hopi) i. 5. Origin of i. 37, 55, 67, 119, 150, 190, 222 Uganda. Adultery ii. 198. Amu- lets i. 120. Children, naming i. 214 n. Husband fined on wife's death in childbed i. 275. King, rites on death of (Bahima) i. 170. Sexual morality ii. 198 n See Ja-Luo, Kavirondo Ulysses' marriage ii. 16 Ungava, Indians of. Premature marriages ii. 271. Sexual relations ii. 233, 234 Vainamoinen i. 22 Virginia. Sexual morality ii. 107 Virginity. Little value in lower culture i. 31. Valued by certain tribes i. 302; ii. 21, 119, 137. 258, 268. Growth in value ii. 93, 102, 243 Vishnu i. 307 Vishnu Purana i. 6 Visiting husbands ii. 7, 11, 12, 14, 15, 16, 17, 18, 21, 23, 24, 25, 26, 27, 38, 48, 61, 65 Visvamitra i. 6 Votiaks. Sexual morality il 187 Votive offerings i. 1 37 Vows for children i. 137 Wales. Galanas and saraad i. 274. Rite at Whitchurch i. 135. Superstitions i. 51, 151 Wanderobbo. Children, rites to obtain i. 87. Licentiousness ii. 195 n Wanyika. Maternal uncle i. 288 Warehouse of children i. 242-245 328 PRIMITIVE PATERNITY Warundi. Amulets i. 120 Wayao — see Bantu Wells and springs giving fecundity i- 63-67, 79. 80, 81, 82, 83, 84, 136 Wichita. Marriage customs ii. 70, Supernatural Birth i. 17 Wind, impregnation by i. 22, 35, 149 Winnibago — see Sioux Wish, impregnation by i. 27, 52, 117 Wishosk. Impregnation by wish i. 27 Wives. Exchange of ii. 66, 113, 122, 142, 144, 146, 148, 171, 195, 2og, 220, 227, 228, 233, 234, 242 n. Partnership in i. 312 ; ii. 109, 130, 133 n. 138, 145, 181 See Polyandry Women, Isle of i. 35, 150 Wyandots — see Iroquois Yakuts. Creation legend ii. 180. Licentiousness ii. 179. Mar- riage customs ii. 15, 180 Yana. Supernatural Birth i. 19 n Yap- Licentiousness ii. 177. Marriage customs ii. 38 Yehl i. 4, 156 Yezidis. Sexual morality ii. 223 n Ymir i. 2 Yokuts. Life after death i. 185. Marriage customs ii. 84 Yorubas. Children, rites to obtain i. 86, Fatherright i. 265 n. Metempsychosis i. 172. Re- birth of ancestor i. 199, 202. Sexual customs ii. 218 Yu, Chinese Emperor i. 11 Yurok. Marriage customs ii. 84 Yurupari. Supernatural Birth i, 23 Zagreus i. 15 Zanzibar. Heretical law of legiti-' macy i. 321 Z^paros. Licentiousness ii. 107 Zoroaster — see Persia Zulus. Supernatural Birth i. 23, 72. Transformation after death i. i6g See Bantu Zufiis. Family life ii. 73. Mar- riage customs ii. 72. Pre- mature marriages ii. 271. Sexual morality ii. 104. Super- natural Birth i. 25 Printed by Ballantyne &" Co. Limited Tavistock Street, Covent Garden, London immmmimmmmmmmmmmmmmm ■ ■UK ■wttiiiii iiniiiiiiii»iyminiiii ! Ill m*\i\Mmtfmmmm0ffmmiimmimft'* ■Ml mim iMm^ iMMEimiH»»«tmi.«>«^itwi»miKiMMHWti«i>:«w.»-mii -w'rm riiam iT'iflilli'lni