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[140] The custom is for the men "to buy the women whom they marry of their fathers and relatives at a high price, and then to take them to a chief, who is considered to be a priest, to deflower them and see if she is a virgin; and if she is not, they have to return the whole price, and he can keep her for his wife or not, or let her be consecrated, as he chooses." In the same connection, Castañeda says, "among them are men dressed like women who marry other men and serve as their wives;" and he describes also a curious kind of legal or consecrated prostitution existing among the same people: see the translation of Castañeda's account in Winship's "Coronado Expedition, 1540-2," XIV. Rep. of Bureau of Eth., 513, 514. Cf. Fawcett, "On Basivis: Women, Who, through Dedication to a Deity, Assume Masculine Privileges," Jour. Anth. Soc. (Bombay), II (1891), 322-54.

[141] Westermarck, Human Marriage, 73, 74; Wake, Marriage and Kinship, 81, 82. The custom may possibly be accounted for by the slow growth of the sentiment upon which "conjugal attachment depends:" McLennan, Studies, I, 341. For an alleged "survival" see Schmidt, Hochzeiten in Thüringen, 31. For the strictly regulated form of wife-lending among certain Australian tribes see the reference to the work of Spencer and Gillen below.

[142] Westermarck, op. cit., 72; McLennan, Studies, I, 341, 342. This is also the view of Clifford Howard in his Sex Worship, chaps. v, ix, x.

[143] Westermarck, op. cit., 78; Schmidt, Jus primae noctis, 41.

[144] Westermarck, op. cit., 73.

[145] McLennan, op. cit., I, 337; Westermarck, op. cit., 76.

[146] The well-known theory of Starcke, op. cit., 121-27. It is not essential, according to this view, in early stages of development, that a child should be actually begotten by the father. It is enough that it should be borne by his legal wife and be accepted by him. Hence the jus primae noctis, exercised by a priest, king, or other distinguished person, is sometimes regarded as an honor: ibid., 125, 126; Westermarck, op. cit., 79.

[147] The first series of relationships is seen in the Arunta tribe, where "no man will lend his wife to anyone who does not belong to the particular group with which it is lawful for her to have marital relations—she is, in fact, only lent to a man whom she calls Unwana, just as she calls her own husband, and though this may undoubtedly be spoken of as an act of hospitality, it may with equal justice be regarded as evidence of the very clear recognition of group relationship, and as evidence also in favor of the former existence of group marriage." A native, it is true, will sometimes lend his wife "as an act of hospitality to a white man; but this has nothing to do with the lending of wives which has just been dealt with." It "does not imply the infringement of any custom." The second relationship in the series named is of a public nature, and it is strictly regulated by custom. It consists in the defloration of a girl just before her marriage by certain men who have access to her in a definite order. These men belong to forbidden groups; that is, groups into which the woman may not marry. "The ceremonies in question are of the nature of those which Sir John Lubbock has described as indicative of expiation for marriage;" and they may be regarded as "rudimentary customs" pointing back to a stage of wider marital rights than those which now exist in these tribes. The third relationship is the license allowed on "occasions when a large number of men and women are gathered together to perform certain corrobborees," the more important gatherings lasting perhaps "ten days or a fortnight." Every day "two or three women are told off to attend at the corrobboree ground, and, with the exception of men who stand in the relation to them of actual father, brother, or son, they are, for the time being, common property to all the men present." The explanations of similar usages advanced by McLennan and Westermarck, such as phallicism, are deemed inapplicable to these cases: Spencer and Gillen, Native Tribes of Central Australia, 92-111. Compare especially Kohler, Zur Urgeschichte der Ehe, 64 ff., passim, who finds in the totem groups and classificatory systems of relationship, existing in Australia, America, and elsewhere, evidence of former group-marriage.

[148] Mystic Rose, 236-66, 294-317, 347 ff., 468-85, passim. Cf. Lang, Social Origins, 87-111, passim.

[149] According to Friedrichs, "Familienstufen und Eheformen," ZVR., X, 190 ff., the forms of the family are the following: (1) "die lose Familie;" (2) "die matriarchale, uterine Familie;" (3) "die patriarchale, agnatische Familie;" (4) "die moderne, zweiseitige Familie."

[150] Dargun, Mutterrecht und Raubehe, 12, 13. For exceptions, however, see his Mutterrecht und Vaterrecht, 29 ff., 35, 41, 46.

[151] Kohler, in ZVR., III, 393; IV, 266 ff.

[152] Lippert, Geschichte der Familie, 4 ff., 218 ff.; idem, Kulturgeschichte, I, 76 ff., 90.

[153] Bernhöft, "Zur Geschichte des eur. Familienrechts," ZVR., VIII, 401, 402.

[154] Kautsky, "Die Entstehung der Ehe und Familie," Kosmos, XII, 338-48, especially 347; cf. Mucke, Horde und Familie, 172 ff.

[155] Friedrichs, "Familienstufen und Eheformen," ZVR., X, 256-58.

[156] See below, chaps. iii, iv.

[157] "Wie die Ehe aus der Ueberwältigung der Frau durch den Mann hervorging, und wie sie sich von da aus zum Frauenkaufe gestaltete; wie sie zur religiösen Heilanstalt wurde und wie sie von da aus zum geläuterten Rechtsinstitute umbildete, indem die religiöse Feier nicht mehr obligat blieb, ... lehrt uns das indische Recht klarer, als jedes andere."—"Indisches Ehe- und Familienrecht," ZVR., III, 342, 343.

[158] Hildebrand, Ueber das Problem einer algemeinen Entwicklungsgeschichte, 14 ff., 17 ff.; idem, Recht und Sitte auf den versch. Kulturstufen, 9 ff.

[159] Kautsky, "Entstehung der Ehe und Familie," Kosmos, XII, 190-207, 256-72, 329-48.

[160] Kautsky's use of "hetairism" for "defective" monogamy is apt to become misleading.

[161] Kautsky, 339.

[162] According to Kautsky, just as polygyny arises in a Herrschaftsverhältniss—the lordship of the man over the captured or purchased woman—so polyandry originates in an analogous relation of the woman to the man. Under gynocracy the woman chooses her husband, hence polyandry; 344-46.

[163] Kautsky, 347.

[164] Dargun, Mutterrecht und Vaterrecht, 60, 61, 127, 43-52.

[165] For Lippert's development of the family see his Geschichte der Familie, and especially his excellent Kulturgeschichte, I, 71-90; II, 1-165, 505-54.

[166] Hellwald, Die mensch. Familie, 121, 122, 126. "Was Platz griff, war wohl ungeregelte Polygamie, welche aber ziemlich naturgemäss Polyandrie nach sich zieht, und aus dieser Vermischung jenen ehelosen Geschlechtsverkehr schuf, für welchen noch die richtige Benennung fehlt."—Ibid., 129.

[167] Ibid., 146, 150; Lippert, Kulturgeschichte, I, 76; idem, Geschichte der Familie, 20.

[168] Hellwald, op. cit., 150; Frerichs, Zur Naturgeschichte des Menschen, 103, 104; cf. Lippert, op. cit., I, 76.

[169] Hellwald, op. cit., 151.

[170] Ibid., 151; Dargun, Mutterrecht und Raubehe, 3; Bachofen, Mutterrecht, as above quoted.

[171] Hellwald, op. cit., 158 ff., accepting Morgan's main conclusions in his Systems of Consanguinity; and opposing Schneider, Die Naturvölker, II, 474-77.

[172] Lippert, Geschichte der Familie, 218, 219, who distinguishes between the "Alt- und Gesamtfamilie" and the modern "Sonderfamilie."

[173] Of course, only a bare outline of the author's able treatise is here given. See especially Die mensch. Familie, 176 ff. ("Exogamie und Clanbildung"), 197 ff. ("Entwicklungsbedingungen und Wesen des Matriarchats"), 227 ff. ("Die Bündnissformen im Matriarchat"), 274 ff. ("Der Frauenraub und seine Folgen"), 347 ff. ("Ausbildung des Patriarchats"), 529 ff. ("Die Altfamilie").

[174] "Niedere und Höhere Jäger, Viehzüchter, Niedere und Höhere Ackerbauer."—Grosse, Die Formen der Familie, 25, 26.

[175] Lippert, op. cit., 30 ff.; Kohler, Zur Urgeschichte der Ehe, 4, 5, where Hildebrand is criticised; Hellwald, op. cit., 197 ff., who declares that in the history of civilization it is "undoubtedly more correct to regard, not pastoral life and agriculture, but nomadic life and settled life as the marks of two diverse culture-phases."

[176] Grosse, op. cit., 29 ff.

[177] "Im Uebrigen aber bildet die Muttersippe auf dieser Culturstufe noch keine Lebens- sondern nur eine Namensgemeinschaft."—Grosse, op. cit., 64.

[178] Ibid., 84.

[179] Ibid., 244, 245.

[180] Mucke, Horde und Familie in ihrer urgeschichtlichen Entwickelung. Eine neue Theorie auf statistischer Grundlage (Stuttgart, 1895). Mucke is harshly reviewed by Kohler, Urgeschichte der Ehe, 17-27.

[181] "Genossenschaft der Urzeit." He derives horde from orta, orda = "local community," "Ortsgemeinschaft," hence "order": Mucke, viii, 40, 41, 43 ff., passim.

[182] "Raumverwandtschaften," Mucke, 1 ff., 20-43, passim.

[183] The details of the author's argument cannot here be given. First (erster Abschnitt) he appeals to the mental processes of the child. The spaces, and consequently the relationship, arise in the child's sense-perception, the impression obtained by the infant soul of the relative distance or remoteness of persons belonging to the different ages and generations. The very inadequate evidence adduced for the former universality of such Lager arrangement (sechster Abschnitt) consists (1) of the alleged customs of modern Asiatic hordes; and (2) the remains of ship-shaped graves and dwelling-places discovered in various parts of the world. With wonderful ingenuity the author is able to explain by his theory nearly every problem connected with marriage and the family. Aside from the constructive part of his work, his criticism of other writers, though often unjust and intolerant, is sometimes acute and instructive.

[184] The brothers capture men for their sisters by way of reprisal and retaliation for stealing the latter: Mucke, Horde und Familie, 125, 126, 111, 113 ff.

[185] But at first the man and the woman are merely slaves—there is no sexual or marriage relation whatever: ibid., 117.

[186] Ibid., 178-82. In the fourth and fifth Abschnitte (155-247) the author discusses the dissolution of the horde through the influence of the two forms of the family. The argument is involved and almost entirely a priori. It is nearly impossible to discover his conclusion as to whether a purely patriarchal or matriarchal family is differentiated in the process.

[187] McLennan's Studies in Ancient History appeared in 1876, being mainly a reprint of his Primitive Marriage, published January, 1865, four years later than Bachofen's book; but "it was in the spring of 1866," he says, "that I first heard of Das Mutterrecht."—Studies, I, 319.

Morgan's League of the Iroquois was published in 1851, and in this he describes some of the essential facts connected with his theory. In 1857, he re-examined the subject and enlarged his views (Proceedings of the Am. Association for the Advancement of Science, Part II). But it was not until 1871 that his great work on Systems of Consanguinity appeared, though accepted for publication, January, 1868. This was followed by the Ancient Society, 1877, in which his theory is fully elaborated. The Houses and House-Life of the American Aborigines, 1881, was originally intended as Part V of the Ancient Society.

[188] Referring to Lubbock's favorable view of Morgan's contributions to ethnological science, Dr. Starcke declares: "With all respect for Morgan's diligence as a collector of facts, I am more disposed to agree with McLennan that his work is altogether unscientific, and that his hypotheses are a wild dream, if not the delirium of fever."—Primitive Family, 207, 208. Cf. McLennan, Studies, I, 269; Lubbock, Origin of Civilization, 162; and Grosse, Die Formen der Familie, 3 ff. This criticism is far too severe; see Kohler, Zur Urgeschichte der Ehe, 1 ff.; Cunow, Australneger, chaps. v-vii, 11 ff.; Hellwald, Die mensch. Familie, 158 ff.

[189] Ancient Society, 49-379; Houses and House-Life, 1 ff.

[190] Ancient Society, 227, 433 ff., 469. It is easy to see that this argument is fallacious, even when the rule of exogamy prevails. Cf. the criticism of Starcke, op. cit., 275-77; Botsford, Athenian Constitution, 4-7.

[191] Ancient Society, 389, and on the whole subject, 382-508. In his earlier work, Systems of Consanguinity, 480 ff., Mr. Morgan gives fifteen normal stages or institutions in the evolution of marriage and the family. See also the summary in McLennan, Studies, I, 251, 252; and Lubbock's elaborate discussion of Morgan, Origin of Civilization, 162 ff.

[192] Ancient Society, 394; Systems of Consanguinity, 10-15; Lubbock, op. cit., 165.

[193] Ancient Society, 383 ff., 401-23; Systems of Consanguinity, 480 ff., 488 ff., where the term "communal family" is used.

[194] Systems of Consanguinity, 131 ff., 489, 490; Ancient Society, 424-52. The Hawaiian word Pŭnalŭa means "dear friend," "intimate companion": ibid., 427.

[195] In forty North American tribes the former existence of the Punaluan family is thought to be proved by the Turanian system of consanguinity and by the right of the husband of the eldest sister to the younger sisters also: Ancient Society, 432, 436.

[196] Ibid., 424.

[197] Since the rule of exogamy as respecting the gens would permit the intermarriage of brothers and sisters. For convenience McLennan's term "exogamy" is here used to indicate prohibition of marriage within the gens.

[198] Systems of Consanguinity, 131-382. But, curiously enough, among the peoples with the Punaluan family the Malayan system of consanguinity survived: Ancient Society, 426, 427, passim. Ganowánians are the American Indians, the word meaning "bow-and-arrow people": Systems of Consanguinity, 131. Cf. McLennan, Studies, I, 253, n. 1.

[199] Ancient Society, 387, 435 ff. In all more than two hundred relationships of the same person are recognized: ibid., 436.

[200] Ibid., 384 ff., 453-65. Called the "barbarian" family in Systems of Consanguinity, 490, 491.

[201] Ancient Society, 461.

[202] Ibid., 384, 465, 466; Systems of Consanguinity, 480, 491.

[203] Ancient Society, 468-97; Systems of Consanguinity, 492, 493, 3-127.

[204] Published by Morgan in Proceedings of the Am. Academy of Arts and Science, for 1872; and subsequently presented in full by Fison in Kamilaroi and Kurnai, 50 ff., 99 ff., 159 ff., passim; Morgan, Ancient Society, 49-61. Compare McLennan's account of Australian kinship in Studies, II, 278-310, especially 304 ff.

[205] Curr, The Australian Race, I, 106-42. Cf. also Keane, Man: Past and Present, 154, 155; and Crawley, Mystic Rose, 348, 476 ff.

[206] Curr, op. cit., I, 111, 112.

[207] Ibid., 116.

[208] Ibid., 140. Compare the criticism of Westermarck, Human Marriage, 56, 57.

[209] Mucke, Horde und Familie, 31 ff., passim.

[210] Kautsky, "Entstehung der Ehe und Familie," Kosmos, XII, 194-98, 256.

[211] See Studies, I, 249-315; II, 304 ff.; and the reply of Morgan, Ancient Society, 509 ff.

[212] Studies, I, 270, 271, 273.

[213] Studies, I, 277. The form of marriage referred to is Nair polyandry. So the Turanian system is referable to Thibetan polyandry. Cf. Morgan, op. cit., 517 ff.

[214] Primitive Family, 181.

[215] Ibid., 207, 171-208. Starcke is criticised by Cunow, Australneger, 165, for lack of thoroughness and consistency in his examination of the classificatory systems.

[216] History of Human Marriage, chap. v, 82 ff.

[217] Ibid., 90. Lubbock, Origin of Civilization, 162-203, criticises Morgan's views as to the classificatory systems and concludes that the "terms for what we shall call relationships are, among the lower races of men, mere expressions for the results of marriage customs, and do not comprise the idea of relationship as we understand it; that, in fact, the connection of individuals inter se, their duties to one another, their rights, and the descent of their property, are all regulated more by the relation to the tribe than by that to the family; that, when the two conflict, the latter must give way" (202). Tylor, On a Method of Investigating the Development of Institutions, 261-65, discovers a close relation between exogamy and the classificatory system. Thus out of fifty-three tribes with that system thirty-three observe the rule of exogamy (264).

[218] The so-called "Pirauru marriage" of the Dieri tribe (Howitt, in Trans. R. S. Victoria, I, Part II, 1899, 96) and the "Dilpamali marriage" of the Kunandaburi tribe (Cunow, Australneger, 163). Practically the same is the Piraungaru custom of the Urabunna tribe which Spencer and Gillen, Native Tribes of Central Australia, 61 ff., regard as a "modified form of group-marriage."

[219] Cunow, op. cit., 161, 163-65.

[220] Idem, Australneger, 176.

[221] On the three Altersclassen or Altersschichtungen, see ibid., 25 ff. The present class-system of the Kamilaroi, the author believes, is not older than the rise of the gentile organization. "Originally the division into classes by no means served, as Morgan and Fison assume, to exclude sexual intercourse between near collateral kindred, but to prevent cohabitation between relatives in the ascending and descending line, between parents and children, uncles and nieces, aunts and nephews, etc." Cf. as to the main point the somewhat similar views of Hellwald, Die mensch. Familie, 158 ff.; Lippert, Kulturgeschichte, I, 81-83; and Kautsky, Kosmos, XII, 196-98.

[222] Cunow, op. cit., 161, 162: Among backward tribes parents are distinguished from parents' brothers and sisters; and own children from the children of own brothers and sisters.

[223] Ibid., 25. See the somewhat similar conclusion of Atkinson, The Primal Law, 280-94; and compare the criticism of Cunow by Lang, Social Origins, 37, 112-18.

[224] Kohler, Zur Urgeschichte der Ehe, 3, 14 ff., 151 ff. This paper supplements the author's earlier Recht der Australneger, ZVR., VII, 321 ff., 329 ff., 337 ff., where Fison's general conclusions are accepted and the literature cited.

[225] "Der Totemglaube gehört zu den bildensten, lebensvollsten, religiösen Trieben der Menschheit. In dem Totemismus liegt die künftige Familien- und Staatenbildung im Keime."—Kohler, op. cit., 27.

[226] Ibid., 62.

[227] Ibid., 39 ff., 41, 53 ff., 64, 65.

[228] Ibid., 65, 163, 164.

[229] Spencer and Gillen, Native Tribes of Central Australia, 56.

[230] Ibid., 56, 57. "A man can only marry women 'who stand in the relationship of nupa, that is, are children of his mother's elder brother's blood or tribal, or, what is the same thing, of his father's elder sister.'" The mother of a man's nupa is "mura to him and he to her, and they must not speak to one another." This applies to a possible mother, i. e., the sister of the father: ibid., 61, 62.

[231] Op. cit., 58.

[232] Mystic Rose, 473, 474.

[233] In general on the Australian class-systems see further, Tylor, Early History of Mankind, 288; Wake, Marriage and Kinship, chap. iv; Kovalevsky, Tableau, 13 ff.; Lubbock, Origin of Civilization, 104 ff., Bernhöft, in ZVR., IX, 6 ff.; McLennan, Studies, II, 304 ff., where the reports of Grey, Ridley, and other observers are summarized; Grosse, Die Formen der Familie, 49 ff., 58 ff., who, in the main, accepts Curr's conclusions; Dawson, Australian Aborigines, 1, 2, 26-40; Forest, "Marriage Laws of N. W. Australia," Report 2d Meeting of Aust. Association Adv. Sci. (1890), 653, 654; Fison, "Group-Marriage and Relationships," ibid., 4th Meeting (Tasmania, 1893), 688-97, criticising Westermarck, 717-20, criticising McLennan; Mathew, "Australian Aborigines," Jour. R. S. N. S. Wales, XXIII, 335-49, criticising Morgan and McLennan. Consult also the references in the Bibliographical Note at the head of the chapter.

For further discussion of Morgan's researches see Bernhöft, Verwandtschaftsnamen und Eheformen; Posada, Théories modernes, 52-57; Schroeder, Das Recht in der geschlechtl. Ordnung, 18 ff.; Cunow, Australneger, v-vii, 11 ff.; Grosse, op. cit., 3 ff.; Hellwald, Die mensch. Familie, 158 ff.; Beauchamp, "Aboriginal Communal Life in America," Am. Antiquarian, IX, 343-50, attacking Morgan's views, holding that proper communism is not found among the red Indians; Giraud-Teulon, Les origines du mariage, 92-101, 169 ff.; Fison and Howitt, Kamilaroi and Kurnai, 99, 101, 149, 316 ff., who, for the Australian groups, sustain Morgan as opposed to McLennan; Wake, op. cit., 15, 19, 112, 266 ff., 297 ff.; Letourneau, L'évolution du mariage, 432, 433, who accepts Morgan's five forms of the family; Kovalevsky, op. cit., 9, 10; Maine, Early Law and Custom, 195 ff., passim; Peschel, Races of Man, 224, 228 ff., who rejects Morgan's conclusions; Lubbock, "Development of Relationships," Jour. Anth. Inst., Feb., 1871.

[234] Studies in Ancient History, I, viii, 83-146. McLennan's views are somewhat modified and further developed in his Patriarchal Theory, notably in chaps. xii and xiii, 181-242; and a mass of new material is presented in his Studies, 2d ser. (1896).