CHAPTER I

SOCIAL ORIGINS

BY

ANDREW LANG, M.A., LL.D.

PRIMAL LAW

BY

J. J. ATKINSON

LONGMANS, GREEN, AND CO.

39 PATERNOSTER ROW, LONDON

NEW YORK AND BOMBAY

1903

TO

ANNABELLA ALLEYNE

Dear Annie,

As you first pointed out to me the facts which are the germ of my

Theory of the Origin of Totemism, you are one cause of my share in this

book. The other is affection for the memory of the author of ‘Primal

Law.’

Yours always,

A. LANG.

St. Andrews: Feb. 13, 1903.

INTRODUCTION

The portion of this book called ‘Primal Law’ is the work of the late

Mr. James Jasper Atkinson. Born in India, of Scottish parents (his

mother being the paternal aunt of the present editor), Mr. Atkinson

was educated (1857-1861) at Loretto School, then managed by Messrs.

Langhome. While still young he settled on certain stations in New

Caledonia bequeathed to him by his father, and, except for visits to

Australia and a visit to England, he lived and died in the French

colony. His ingenious mind was much exercised by the singular laws

and customs of the natives of the New Caledonian Archipelago and the

adjacent isles. These peoples have been little studied by competent

European observers--that is, in New Caledonia. Mr. Atkinson wrote an

account of native manners before he had any acquaintance with the

works of modern anthropologists, such as Mr. Tylor, Mr. McLennan,

Lord Avebury, and others. To these he later turned his attention; he

joined the Anthropological Institute, and, in the course of study and

observation, he discovered what he conceived to be the ‘Primal Law’

and origin of morality, as regards the family. In his last illness,

in 1899, he was most kindly attended by Commander John Haggard, R.N.,

then Her Majesty’s Consul in New Caledonia. Mr. Atkinson’s mind, in his

latest moments, was occupied by his anthropological speculations, and,

through Mr. Haggard, he sent his MS. to his cousin and present editor.

I have given to it the last cares which the author himself would have

given had he lived. But I have also taken the opportunity to review, in

the following pages, introductory to ‘Primal Law,’ the present state

of the discussion as to the beginnings of the rules regulating marriage

among savages.

The discussion is now nearly forty years old, if we date it from the

appearance of Mr. J. F. McLennan’s _Primitive Marriage_ in 1865. Yet,

in spite of the speculations of some and the explorations of other

distinguished students, the main problems are still in dispute. Was

marriage originally non-existent? Was promiscuity at first the rule,

and, if so, what were the origins, motives, and methods of the most

archaic prohibitions on primitive license? Did man live in ‘hordes,’

and did he bisect each ‘horde’ into exogamous and intermarrying

moieties, and, if he did, what was his motive? Are the groups and

kindreds commonly styled ‘totemic’ earlier or later than the division

into a pair of moieties or ‘phratries’? Do the totem-kins represent the

results of an early form of exogamous custom, or are they additions to

or consciously arranged subdivisions of the two exogamous moieties?

Is a past of ‘group marriage’ or ‘communal marriage’ proved by the

terms for human relationships employed by many backward races, and by

survivals in manner and custom?

These are among the questions examined in the introductory chapters

that may be read either before or after Mr. Atkinson’s _Primal Law_. To

him I am indebted for the conception of sexual jealousy as a powerful

element in the evolution of exogamy.

Since my attention was first directed to these topics, I have felt that

a clear and consistent working hypothesis of the origin of totemism

was indispensable, and such an hypothesis, with a criticism of other

extant theories, is here offered. Throughout I have attempted to

elucidate and bring into uniformity the perplexing and confused special

terms employed in the discussion. Here it should be explained that

by ‘marriage’ in this work I mean permanent cohabitation of man and

woman, sanctioned by tribal custom, and usually preceded by some rite

or initiation which does not prelude to casual amours. By family or

fire circle I mean the partners to this permanent cohabitation, their

offspring, and such kinsfolk by blood or affinity as may be members of

their camp. In the first sentence of the book I speak of the family as

‘most ancient and most sacred,’ and I do so deliberately. The primitive

association described I take, with Mr. Darwin and Mr. Atkinson, to be

‘most ancient,’ and to be the germ of the historic family, which is

‘most sacred.’ But to ‘sacred’ when I apply the word to the primitive

fire-circle I give no religious sense, such as the Greek hearth enjoyed

under Hestia, youngest and oldest daughter of Zeus. I mean that the

rules given to the primitive fire-circle by the sire were probably the

earliest and the most stringent, though not yet sanctioned by a tabu or

a goddess.

Such a small circle, and not a promiscuous horde or commune, I

conceive, with Mr. Darwin and Mr. Atkinson, to have been the earliest

form of human society.

The book deals only with the institutions of races certainly

totemistic, and mainly with the Australian and North American tribes,

which present totemism in the most archaic of its surviving forms. But

little is said, and that tentatively, on the question as to whether or

not the ancestors of the great civilised peoples, ancient and modern,

have passed through the stage of totemic exogamy, as our evidence is

weak and disputable. Too late for citation in the body of the book I

read Mr. A. H. Keane’s theory of the origin of totemism.[1]

Mr. Keane’s theory is much akin to my own as it stood in _Custom and

Myth_ (1884) and to that of Garcilasso de la Vega, the oldest of all.

Garcilasso (1540-1616), an Inca on the mother’s side, describing the

animal and plant worship of the low races in the Inca Empire, says

‘they only thought of making one differ from another and each from

all.’[2] But it may be that he had not totemism in his mind; the

passage is not too explicit.

Mr. Keane says: ‘And thus the family, the initial unit, segments into

a number of clans, each distinguished by its totem, its name, its

heraldic badge--which badge, becoming more and more venerated from age

to age, acquires inherited privileges, becomes the object of endless

superstitious practices, and is ultimately almost deified.... Its

origin lies behind all strictly religious notions, and it was at first

a mere device for distinguishing one individual from another, one

family or clan group from another.[3] Thus among the Piaroas of the

Orinoco below San Fernando de Atabapo the belief holds that the tapir,

originally the totem of the clan, has become their ancestor, and that

after death the spirit of every Piaroa passes into a tapir; hence they

never hunt or eat this animal, and they also think all the surrounding

tribes are in the same way each provided with their special animal

fore-father. It is easy to see how such ideas tend to cluster round

the clan[4] or family totem, at first a distinguishing badge, later a

protecting or tutelar deity of Protean form. It should be remembered

that the personal or family name precedes the totem, which grows out of

it, as seen by the conditions still prevailing amongst the very lowest

peoples (Fuegians, Papuans of Torres Strait[5]).’

I am indebted in various ways to assistance, chiefly in the interchange

of ideas, from Mr. A. C. Haddon, Mr. G. L. Gomme, Miss Burne, and Mr.

A. E. Crawley, author of _The Mystic Rose_. Mr. Crawley kindly read

the book, or most of it, before publication, and collaborated most

efficiently in the way of suggesting objections. It is not implied that

any of these students accept the ideas of the two authors. I regret

that it has been found impossible to wait for the publication of a new

book by Mr. A. W. Howitt, from which we may expect much new information.

The question of the relations of religion and totemism is scarcely

touched on in this work. A certain amount of regard is given to their

totem animals and plants by some of the Australian tribes, to the

extent of not killing, plucking, or eating them, except under stress

of need, but even this is not universal. There also exists, in some

cases, a sense of kinship with them. They are not worshipped. That

magic is worked for their preservation and propagation, as by the

Arunta, proves nothing in the nature of a religious attitude towards

them. In my opinion this religious regard for the totem does not

appear till ancestor worship, which does not occur in Australia, has

made considerable advance and a myth arises that an ancestral spirit

or family god is incarnate in the animal which originally was only a

totem. If so, totemism is not an element in the origins of religion,

but a field later invaded by religion.

On the other hand, Dr. Achelis, of Bremen, writes that to savage man

‘animals are his equals. To the ancient worship of animals is added,

under the influence of sympathetic emotion, the worship of ancestors

and totemism, which sees in a beast worshipped as a god the ancestor of

the whole tribe.’[6] Clearly this sentence is replete with errors and

confusions. The whole tribe, in Australia, does not regard any animal

as its ancestor. No beast is worshipped as a god. No ancestors are

worshipped. If the animals are ‘his equals,’ why did man worship them,

and that apparently before the worship of ancestors and totemism arose?

In an essay like that of Dr. Achelis on _Ethnology and Religion_ the

facts ought to be correctly ascertained.

I have been obliged to place in Appendix A certain facts about group

names derived from animals which came late to hand, among them Mr.

Robertson’s interesting letter on many such names in the Orkneys, and

some remarks on village names derived from animals among the ancient

Hebrews.

[Footnote 1: _Man, Past and Present_, Cambridge, 1899, pp. 396, 397.]

[Footnote 2: _Royal Commentaries_, i. 47.]

[Footnote 3: _The Import of the Totem_, Amer. Ass., Detroit, 1897.]

[Footnote 4: M. Chaffanjon, _Tour du Monde_, 1888, lvi. 348.]

[Footnote 5: _Ethnology_, pp. 9, 11.]

[Footnote 6: _The International Quarterly_, Dec.-March, 1902-1903, p.

321.]

CONTENTS

INTRODUCTION

CHAPTER I

THE EARLY HISTORY OF THE FAMILY

The family. Theory of Mr. Atkinson--Primitiveness in man--Recent

history of the speculation as to the early human family--What is

exogamy? Difficulties of terminology--Totemism and exogamy--Theories of

exogamy. Mr. McLellan’s theory--Mr. Crawley’s theory--Dr. Westermarck’s

theory--Mr. Morgan’s theory--Return to the author’s theory

CHAPTER II

THE CLASS SYSTEM

The class system in Australia--The varieties of marriage divisions in

Australia--Mr. Fison on the great bisection--‘Primary classes?’--The

‘primary divisions’ are themselves totemic and exogamous--The totem

difficulty

CHAPTER III

TOTEMS WITHIN THE PHRATRIES

American support of the author’s hypothesis--Deliberate

arrangement--Totems all the way--Distribution of totems in the

‘phratries’--The ideas of Mr. Frazer. His earlier theory--Objections

to Mr. Frazer’s early theory--Mr. Spencer’s theories of the

bisection--Advantages of the system here proposed--The Arunta--Arunta

metaphysics--Arunta totem eating and traditions--Dr. Durkheim on

the Arunta--The relations of totems and ‘phratries’ among the

Arunta--Arunta myths--Mr. Spencer on Arunta legends

CHAPTER IV

ARUNTA PHRATRIES AND TOTEMS

Views of Dr. Durkheim--How did the Aranta anomaly arise?

CHAPTER V

OTHER BARS TO MARRIAGES

‘Group marriage’--Mr. Morgan and the class system--Difficulties of

Mr. Morgan’s theory--Mr. Morgan on terms of relationship--How the

terms of relationship originally arose--Supposed survivals of group

marriage--Piraungaru and piraura--Growth of social rules in the

tribe--Group marriage and Mr. Tylor’s statistics

CHAPTER VI

THE CHANGE OF CLASS AMONG THE NEW GENERATION

The system of Herr Cunow--Classes again

CHAPTER VII

THEORIES OF LORD AVEBURY

Lord Avebury on totemism--Lord Avebury on the origin of totemism

--Communal marriage--Lord Avebury on relationships

CHAPTER VIII

THE ORIGIN OF TOTEM NAMES AND BELIEFS

Sacred animals in savage society--Proposed restriction of the use

of the word ‘totem’--The word ‘totem’--The totem ‘cult’--‘Totem

gods’--Savage speculations as to the origin of totemism--Modern

theories--Mr. Max Müller’s theory--The theory of Mr. Herbert

Spencer--Mr. Frazer’s theories--Suggestion of Mr. N. W. Thomas--Dr.

Wilken’s theory--Miss Alice Fletcher’s theory--Mr. Hill Tout’s

theory--Messrs. Hose and McDougall--Mr. Haddon’s theory--An objection

to all the theories enumerated--Statement of the problem--The author’s

own conjecture--The connection between groups and totems--No ‘disease

of language’--Hypothetical early groups before totemism--How the

groups got names--Illustration from folk-lore--How the names became

known--Totemic and other group names. English and North American

Indian--Theory that Siouan gentes names are of European origin

CHAPTER IX

THE MELANESIAN SYSTEMS

How the origin of totem names was forgotten--Other sources of

sacredness in plants and animals--Recapitulation--An objection

answered--Other objections answered--Totems and magical

societies--Totem survivals--Did the ancestors of the civilised races

pass through the Australian stage?

PRIMAL LAW

CHAPTER I

MAN IN THE BRUTAL STAGE

Mr. Darwin on the primitive relations of the sexes--Primitive man

monogamous or polygamous--His jealousy--Expulsion of young males--The

author’s inferences as to the evolution of Primal Law--A customary

rule of conduct evolved--Traces surviving in savage life--The customs

of avoidance--Custom of exogamy arose in the animal stage--Brother

and sister avoidance--The author’s own observation of this custom in

New Caledonia--Strangeness of such a custom among houseless nomads in

Australia--Rapid decay under European influences

CHAPTER II

SEXUAL RELATIONS OF ANIMALS

Brother and sister avoidance, a partial usage among the higher

mammals--Males’ attitude to females in a group dominated by a single

male head--Band of exiled young males--Their relations to the

sire--Examples in cattle and horses--In game-fowl--Strict localisation

of animals--Exiled young males hover on the fringe of the parent

group--Parricide

CHAPTER III

MAN VARYING FROM ANIMALS

Effect of the absence of a special pairing season on nascent

man--Consequent state of ceaseless war between sire and young males

--Man already more than an ape--Results of his prolonged infancy

and of maternal love--A young male permitted to live in the parent

group--Conditions in which this novelty arose

CHAPTER IV

EARLIEST EVOLUTION OF LAW

Truce between semi-human sire and son--Consequent distinction taken

between female and female, as such--Consequent rise of habit of brother

and sister avoidance--Result, son seeks female mate from without--Note

by the editor

CHAPTER V

AVOIDANCES

Results in strengthening the groups which admit several

adult males--Disappearance of hostile band of exiled young

males--Relations of sire and female mates of young males now within

the group--Father-in-law and daughter-in-law avoidance--Rights as

between two generations--Elder brother and younger brother’s wife

avoidances--Note on hostile capture

CHAPTER VI

FROM THE GROUP TO THE TRIBE

Resemblance of semi-brutal group, at this stage, to actual savage

tribe--Resemblance merely superficial--In this hypothetical

semi-brutal group paternal incest survives--Causes of its decline

and extinction--The sire’s widows of the group--Arrival of outside

suitors for them--Brothers of wives of the group--New comers

barred from marital rights over their daughters--Jealousy of their

wives intervenes--Value of sisters to be bartered for sisters

of another group discovered--Consequent resistance to incest of

group sire--Natural selection favours groups where resistance is

successful--Cousinage recognised in practice--Intermarrying sets of

cousins become phratries--Exceptional cases of permitted incest in

chiefs and kings--No known trace of avoidance between father and

daughter--Progress had rendered such law superfluous

CHAPTER VII

TRACES OF PERIOD OF TRANSITION AVOIDANCES

Survivals in custom testify to a long period of transition from group

to tribe--Stealthy meetings of husband and wife--Examples--Evidence

to a past of jealousy of incestuous group sire--Evidence from

teknonymy--Husband named as father of his child--Formal capture as

a symbol of legal marriage--Avoidance between father-in-law and

son-in-law--Arose in stage of transition--Causes of mother-in-law

and son-in-law avoidance--Influence of jealousy--Examples--Mr.

Tylor’s statistics--Resentment of capture not primal cause of this

avoidance--Note on avoidance.

CHAPTER VIII

THE CLASSIFICATORY SYSTEM

The classificatory system--The author’s theory is the opposite of Mr.

Morgan’s, of original brother and sister marriage--That theory is based

on Malayan terms of relationship--Nephew, niece, and cousin, all named

‘sons and daughters’--This fact of nomenclature used as an argument

for promiscuity--The author’s theory--The names for relationship

given as regards the group, not the individual--The names and rules

evolved in the respective interests of three generations--They

apply to food as well as to marriage--Each generation is a strictly

defined class--Terms for relationship indicate, _not kinship_,

but relative seniority and rights in relation to the group--The

distinction of age in generations breaks down in practice--Methods

of bilking the letter of the law--Communal marriage--Outside suitors

and cousinage--The fact of cousinage unperceived and unnamed--Cousins

are still called brothers and sisters; thus, when a man styles his

sister’s son his son, the fact does not prove, as in Mr. Morgan’s

theory, that his sister is his wife--Terms of address between brothers

and sisters--And between members of the same and of different

phratries--These corroborate the author’s theory--distinction as

to sexual rights yields the classificatory system--Progress outran

recognition and verbal expression--Errors of Mr. Morgan and Mr.

McLennan--Conclusion--Note--‘Group marriage’

APPENDICES

A.--ENGLISH, ORCADIAN, AND HEBREW VILLAGE SOBRIQUETS

B.--THE BA RONGA TERMS OF RELATIONSHIP

INDEX

SOCIAL ORIGINS

AND

PRIMAL LAW

CHAPTER I

THE EARLY HISTORY OF THE FAMILY

THE FAMILY. THEORY OF MR. ATKINSON

The Family is the most ancient and the most sacred of human

institutions; the least likely to be overthrown by revolutionary

attacks. In epochs of change the Family naturally invites the

attentions of impetuous reformers, like Shelley (who advocated a scheme

more than any other apt to shock the conscience of a savage), and

like the friends of ‘Free Love,’ who would introduce a license beyond

the Urabunna model. The horror aroused by certain relations, such as

that of brother-and-sister marriage, is perhaps the oldest of moral

sentiments, yet it has lost its hold of some barbaric races, and has

been overcome by dynastic pride, as in the Royal House of the Incas

of Peru, and in that of Egypt. While the Family, everywhere almost,

has been secured by a religious and all but instinctive dread of

certain aberrations, the laws or customs which may not be broken have

varied in different lands, and in different stages of civilisation.

What is incest in one age or country is innocent in another; still

certain unions, varying in various regions, have always been regarded

with loathing. No such emotion is known to be felt among the lower

animals, and scientific curiosity has long been busy with the question,

why should the least civilised of human races possess the widest

list of prohibited degrees? What is the origin of the stringent laws

that, among naked and far from dainty nomads, compel men and women to

seek their mates outside of certain large groups of real or imagined

kindred? The answers given to this question have varied with the

facts of savage law which chanced to be at each moment accessible to

inquirers, and all attempts to solve the problem must be provisional.

New knowledge may upset even the most recent theory, and, indeed,

new knowledge of the rules of certain Australian tribes has already

produced fresh hypotheses, as regards certain aspects of the problem.

The whole subject is thorny, and I must crave pardon for venturing to

differ, provisionally, on several important points, from authorities

whose learning, research, and experience far exceed my own. The facts

which they have collected from personal knowledge of savages, and

from reading, often group themselves otherwise in my eyes than in

theirs--the perspective is different. My observations, therefore, are

submitted to criticism with all diffidence. Only the main lines of a

complex discussion are here traversed, and the works cited are, as a

rule, either by English-speaking authors, or, at least, are sometimes

accessible in English translations. It will be seen that students have

differed greatly, not only from each other, but, at different times,

from themselves, under the influence of new facts brought in from the

most remote and isolated of savage races. One author is most interested

in this, another in that, factor of the problem. The difficulty of the

subject cannot be exaggerated; for the origins of our human society

cannot be _historically_ traced behind the institutions of the races

now lowest in the scale of culture. We are driven to risk hypotheses.

Again, it is by no means certain that some of these lowest peoples of

to-day (say the Arunta of Central Australia) represent a moment in the

main current of the stream of tendency, a point through which all

progress has passed. The ideas and institutions of such tribes may

be mere local ‘sports,’ other divergencies may have arisen in other

quarters, and it would be an error (repudiated by Mr. McLennan, the

founder of the study in England) to suppose that, everywhere, exactly

the same series of changes evolved itself in due sequence. ‘In one

place or another everything may have been going on,’ I have heard Mr.

McLennan observe.

Once more, the subject is obscure because the races apparently ‘nearest

the beginning,’ the naked Australians, houseless hunters, just

emerging from the palæolithic condition as regards implements, are,

as to society and system of thought, very far from being ‘primitive;’

very remote from ‘the beginning.’ Their social rules are various and

extremely complex, especially as regards marriage: some of their social

customs are perhaps inexplicable--a field for modern guesswork--their

speculative philosophy is, in one instance, ingenious, elaborate,

and highly peculiar. The ‘beginning’ lies far behind them, yet their

society and institutions may have their germs (on the Darwinian theory)

in a state of all but complete brutality.

To trace human institutions back to that hypothetical stage of first

emergence from the brute is the purpose of the following treatise,

‘Primal Law,’ by Mr. Atkinson. It were superfluous for me to dwell on

the audacity of his enterprise. Of thoroughly human man we know a good

deal: of the brutes we know something. Of a hypothetical creature, not

wholly brute, but not yet ‘articulate-speaking man,’ we know nothing,

and as to the ways of his supposed next of kin, ‘the great extant

anthropoid apes,’ our knowledge is vague, resting on the accounts of

native observers. Such a creature, however, half ape, half human, is

in part the theme of Mr. Atkinson’s speculations, on which I venture

to express no opinion: as not being persuaded that man ever had such a

direct ancestor.

PRIMITIVENESS IN MAN

As to men really primitive, and their social arrangements, I only

venture to conjecture that, in the nature of the case, they probably

lived a nomadic life, ‘selecting a temporary place of abode, whether

a cave, rock, shelter, or hut, influenced chiefly by the amount of

edible materials to be found in the neighbourhood.’[1] The area of the

wandering of each group of hearth-mates would be limited, probably, by

the existence of other groups, which would resent poaching. A large

trout may often be seen to turn angrily and drive away a little trout

that has ventured too near the bend of the brook which the large trout

finds a good station for flies; and human groups would also, as in

cases to be cited they do, mortally resent intrusions. I conceive that

the males would be polygamous (like the gorilla) and jealous, killing

or expelling the young males, as in the theories of Mr. Darwin and Mr.

Atkinson. Thus groups would, on the whole, be hostile,[2] ‘wandering

from one locality to another, now gathering fruits and seeds, now

hunting wild animals, or, as a last resource, feeding on shell-fish and

other produce of the shore.’[3] The implements now used by backward

savages for fish-catching, nets, spears, and barbed hooks, cannot be

precisely primitive. Primitiveness, we must remember, does not depend

on antiquity of date.

The Australians, though now their groups have coalesced into local

tribes in defined areas, and though their customary law is extremely

complex, are least remote from the primitive, least remote, but very

far removed. They are, though our contemporaries, infinitely beneath

the status in culture of palæolithic man of the mammoth and reindeer

period. It is not improbable that he had domesticated the ox, goat,

pig, horse, and dog. ‘They manufactured fine needles of bone, with

which they sewed their skin garments. They adorned their persons

with a variety of beads....’ Their art was of notorious and amazing

excellence. Dr. Munro says that they were ‘ignorant of the rearing of

domestic animals,’[4] but also that ‘there seems to be no inherent

improbability in the idea that some of them’ (ox, goat, horse, pig,

and dog) ‘had been domesticated by the indigenous inhabitants prior

to the coming of the neolithic brachycephals into France.’[5] A

palæolithic sketch of a horse ‘with a supposed cover,’ and another of

a horse with a bridle,[6] may be misinterpreted: Dr. Munro thinks that

the horse-cloth ‘may be no more than the hunter’s skin coat thrown

over the back of the animal when led home by means of a halter made

of thongs or withes to be there slaughtered.’ If palæolithic man had

advanced as far as Dr. Munro supposes, it was a short step to the

domestication of the horse. It is hardly conclusive to say that, if

he had tamed the horse, ‘we would undoubtedly ere now have had an

equestrian representation of the fact,’ though it is also said that ‘we

have only as yet a preliminary instalment of these most interesting

art productions.’[7] The representation may later be discovered. That

palæolithic man, so far advanced as he was, was ‘ignorant of the

principles of religion,’[8] seems a hasty conclusion. If he had the

beliefs of our Australians in such potent beings as Baiame, Nooreli,

Daramulun, Mungun-ngaur, Pirmaheal, and Pundjel, that belief would

leave no material traces, except, perhaps, the Bull-roarer, whose noise

represents the voice of one or other of these beings. Now a small but

unmistakeable pair of palæolithic bull-roarers in bone, or of amulets

which are bull-roarers in miniature, one of them decorated with the

sacred Australian pattern of herring-bone and concentric circles, have

been found in a quaternary station in France.[9]

Palæolithic man in France, countless ages ago, was thus, especially

if he had domesticated animals, immensely more remote from ‘the

beginning’ than contemporary wild Australian tribes. They, again, with

their copious languages, ingenious implements, complex institutions,

and prolonged tribal assemblies, are infinitely in advance of those

really primitive men among whom we must tentatively seek the origins of

customary law regulating the family and marital arrangements. A society

almost incalculably ancient may have been much more advanced than a

society of to-day, and the society of the lowest known modern savages

must be equally advanced from the status of ‘primitive man’.

The best proof of all that no Australians are now in or near ‘the

chrysalis state’ of humanity, is to be found in their combinations

into large friendly tribes, each covering a wide extent of country,

and holding stated meetings, for social, political, religious, and

commercial purposes. Mr. Matthews remarks on ‘articles of barter,’

exchanged ‘at the great meetings which were held for the initiation of

the youths of the tribes.’ Among these articles were stone hatchets,

first chipped, then ground, the tribes having passed out of the

stage in which mere rude flaking sufficed. ‘At the conclusion of the

ceremonies, before the people dispersed, a kind of fair was held, when

natives in whose country stone was plentiful, would barter their things

with other people for reeds for making spears, rich plumage of birds,

&c. ... or for any other articles brought by the various tribes for the

purpose of exchange.’[10] We can scarcely conceive that this amount

of tribal or inter-tribal unity was possible to man really primitive.

Backward and conservative as the Australians are, we must not expect

to find among them, with their highly complex customary laws, anything

like the first beginnings of social regulations. To look for these,

even among the naked and houseless hunters of Australia, is to organise

failure in this research as to origins.

RECENT HISTORY OF THE SPECULATION AS TO THE EARLY HUMAN FAMILY

From the age of Aristotle onwards, inquirers naturally began with a

belief in the Patriarchal Family as the original social unit. To this

opinion, in a peculiar form, Mr. Atkinson returns, as will be seen.

The idea was natural. Aristotle, like Hesiod, starts from ‘the Man,

the Woman, and the labouring ox,’ though men and women were wedded

long before oxen and other animals were domesticated. The Biblical

account in Genesis opens with the same theory of the primal pair, whose

children, brother and sister, must have married each other, as in the

late Mr. Morgan’s hypothesis of the ‘Consanguine Family;’ but, contrary

to almost universal savage custom, and to Mr. Atkinson’s ‘Primal Law.’

In 1861, Sir Henry Maine’s celebrated book, ‘Ancient Law,’ appeared.

Herein he wrote that it was difficult to say ‘what society of men had

not been originally based on the Patriarchal Family.[11] His studies

had lain chiefly in the law of civilised peoples, Romans, Hebrews,

Greeks, Irish, and Hindoos; not in the customary law of the lowest

races. He, like Mr. Freeman, concluded that the patriarchal family, by

aggregation of descendants (and aided by adoption of outsiders, and by

the _ownership_ of the family by its Head), formed the gens, while the

aggregation of _gentes_ formed the tribe, and the aggregation of tribes

made the State. But, as the _gentes_ had traditions contrary to this

theory, traditions of separate origins, he supposed that ‘the incoming

populace should feign themselves to be deduced from the same stock as

the people on whom they were engrafted.’ Thus we know that McUlrigs

(Kennedys) of Galloway joined the remote Macdonnells of Moidart and

Glengarry, and wore the Macdonnell tartan[12] (1745-1760), and so might

come to pass as Macdonnells, though they still regard the Marquis

of Ailsa, a Kennedy, as their chief, at least in Eilean Shona (Loch

Moidart). In the same way the Camerons of Glen Nevis, though called

‘Camerons,’ were really MacSorlies, a branch of the Macdonnells, and

from the sixteenth century to 1754 were always on ill terms with the

chief of the clan Cameron, Lochiel. These are very modern instances,

but illustrate Sir Henry’s theory of incomers.

The members of the Roman tribes had traditions that they were _not_,

really, of the same original blood with each other. Only by a fiction

were they of the same blood. They did not all descend by natural

increase from one patriarchal ancestor. There really did exist ‘a

variety of alien groups in a local tribe,’ however they might all

adopt the same name, and assert descent, in West Scotland from

Somerled, let us say. This fact, of heterogeneousness within the

‘tribe’ among others, was so obvious and so imperfectly explained,

by friends of the Patriarchal theory, that it occupied ‘writers

belonging to the school of so-called prehistoric inquiry,’ as Sir Henry

styled it.[13] They were not satisfied with the theory that Society

arose in the Patriarchal Family, based on direct descent from, and

ownership by, a single male ancestor. To be sure a Cameron will ‘cross

the hill,’ and call himself Stewart, and a Chinese immigrant into

Australia has discreetly entitled himself Alexander Mac-gillivray.

But such accretions, and such legal fictions, do not explain the

heterogeneousness of the local tribe, which, by the theory of some

historians, is of common descent. ‘Prehistoric inquirers’ could not

but notice that, among ruder ‘non-Aryan’ races of various degrees

of culture, ‘the family is radically different from the Patriarchal

Family,’ and suggests a different origin.

Roughly speaking, the groups of real or fancied kindred among various

low races exhibit the peculiarity that the kin-name is often inherited

from the mother, not from the father; that the maternal blood is

stronger in determining such cases of inheritance as arise; and that

marriage is forbidden within the recognised limits of the _maternal_

kinship. It was natural for inquirers to derive this condition of

affairs, this reckoning in the female line, from a state of society

in which fatherhood (owing to promiscuity, or to polyandry--several

husbands to one wife) was notably uncertain. Bachofen, who first

examined the problem, attributed the system to a supposed period of the

Supremacy of Women: McLennan to dubious fatherhood, and possible early

promiscuity. The recovery of supremacy by men, or the gradual advance

in civilisation, especially in accumulation of property, would finally

cause descent to be reckoned through the male line, as among ourselves.

As to the question of early promiscuity--sexual relations absolutely

unregulated--Dr. Westermarck, Mr. Crawley, and others have argued,

and Mr. Atkinson argues, that it never existed, at least to any wide

extent, and with any potent influence. We hear rumours of savages

utterly promiscuous, say the Mincopies of the Andaman Islands, just

as we hear of savages utterly without religion. But later and better

evidence proves that the Andamanese have both wives and a God.[14]

Again, the lowest savages known are so far not ‘promiscuous,’ that they

recognise certain sets of women as persons with whom (as a general

rule, subject to occasional exceptions) certain sets of men must have

no marital relations. It was the opinion of Mr. Darwin, as of Mr.

Atkinson, that sexual jealousy, from the first, must probably have been

a bar to absolute promiscuity, even among the hypothetical anthropoid

ancestors of human race. To tell the truth, our evidence on these

points, as to existing savages, is, as usual, contradictory.[15]

WHAT IS EXOGAMY? DIFFICULTIES OF TERMINOLOGY

In these inquiries a great source of confusion arises (as all students

must be aware) from the absence of exact terminology, of technical

terms with a definite and recognised meaning. Thus when my friend,

the late Mr. John Fergus McLennan, introduced the word ‘Exogamy,’ in

‘Primitive Marriage’ (1865), he probably knew perfectly well what

he meant. But he did not then, from lack of practice in an inquiry

practically novel, and originated by himself, express his meaning with

exactness. He at first spoke of exogamy as the rule ‘which prohibited

marriage within the tribe.’[16] But the word ‘tribe’ was later taken

by Mr. McLennan to mean, and is now used as meaning, what cannot be a

primitive community, a local aggregate of groups amicably occupying

a considerable area of country; say the Urabunna tribe of Central

Australia. Mr. McLennan did not wish to say that exogamy forbids an

Urabunna tribesman to marry an Urabunna tribeswoman; he meant that

exogamy prohibited marriage within the recognised kindred--that is,

in this case, between members of totem kindreds of the same name,

say Emu or Kangaroo. This fact he later made perfectly clear. But

meanwhile such terms as ‘horde,’ ‘tribe,’ ‘sub-tribe,’ ‘family,’

‘gens,’ ‘section,’ ‘phratria,’ ‘clan,’ many of them derived from

civilised classical or Celtic usage, have been tossed up and down,

in company with ‘class,’ ‘division,’ ‘section,’ and so on, in a

way most confusing.[17] Odd new terms come from America, such as

‘socialry,’ ‘tutelaries,’ ‘ocular consanguinity,’ ‘ethnogamy,’

‘conjugal conation,’ and so forth.[18] Most perplexing it is to find

words like clan, family, tribe, _gens_, phratry, words peculiar to

civilised peoples, Greek, Roman, or Celtic, applied to the society of

savages. ‘The term “clan” implies descent in the female line,’ says

the late Mr. Dorsey, following Major Powell; but why take the Celtic

term ‘clan,’ which has no such signification, and confer it on what

is really a totem kindred with descent in the female line?[19] Next,

‘several of the Siouan tribes are divided into two, and one into three

sub-tribes. Other tribes are composed of phratries, and each sub-tribe

or, phratry comprises a number of _gentes_.’ Is there a distinction

between the ‘sub-tribes’ of some tribes, and the ‘phratries’ of others,

or not? Apparently there is not, but the method of nomenclature is most

confusing.

I shall understand the terms which I employ, as follows:

The tribe, speaking of the Australians, for instance, is a large

aggregate of friendly or not hostile human groups, occupying a

territory of perhaps a hundred square miles, and holding councils and

meetings for social and religious purposes. It is so far ‘endogamous’

that its members _may_ marry within it--that is to say, it is no more

endogamous than the parish of Marylebone. An Urabunna man, a man of

the Urabunna tribe, may marry an Urabunna woman--if no special native

law interferes. He may also at pleasure marry, out of his tribe, say a

woman of the neighbouring Arunta tribe, again, if no special law bars

the arrangement. So far the tribe, the large local aggregate of groups,

stands indifferent. But, within the tribe, there are laws barring

marital intercourse. First, each tribe is usually composed of two

‘primary exogamous divisions,’ or ‘phratries,’ so called; in the case

of some tribes the phratries are named; for example, _Matthurie_ and

_Kirarawa_. Every man and woman, in such tribes, is either a Matthurie

or a Kirarawa, and can only marry into the opposite division, and the

children follow the name of the mother. These two divisions are called

‘primary classes’ by some students; ‘phratrias’ (from the Greek:

Φρατρία) by others; ‘sub-tribes’ by others; or, again, ‘moieties,’ or

‘groups.’ I shall, in each instance, use the term (‘class,’ ‘phratria,’

‘moiety,’ ‘primary exogamous division,’ ‘group,’ and the like) employed

by the author whose opinion I am discussing, though I prefer ‘phratry,’

as ‘class’ has another significance; so has ‘group,’ &c.

Again, the tribe contains a number of totem kindreds (often called

‘clans’ or _gentes_, rather at random), that is, of sets of kin

deriving their names from _totems_, plants, animals, or other objects

in nature. To the possible origin of Totemism we return in a separate

section. No Urabunna man may marry a woman of his own ‘phratry,’ nor

of his own _totem_, and the children inherit the phratry and totem

names from the mother. Finally, there are sets of relationships,

roughly indicating, it would seem, seniority by generations, and

degrees of actual or supposed kindred. Within many of these, which

I shall style ‘classes’ (they have other terms applied to them),

marriage is forbidden. Thus there are bars of three several sorts on

the intermarrying of an Urabunna man with an Urabunna woman. In a way,

there are three grades of exogamous prohibitions.

Mr. McLennan, who introduced the word ‘exogamy,’ defined it thus: ‘an

exogamous marriage is a marriage between persons of different clans of

kinship, not entered into fortuitously, but because of law declaring

it to be incest for a man to marry a woman of his own clan.’[20] The

same community cannot be ‘both exogamous and endogamous,’ as some

suppose. Thus Lord Avebury writes, ‘some races which are endogamous as

regards the tribe, are yet exogamous as regards the gens.’ But really

‘exogamy is the law prohibiting marriage between persons of the same

blood or stock as incest--often under pain of death--and endogamy is

the law prohibiting marriage except between persons of the same blood

or stock.’[21] In Mr. McLennan’s sense I shall take the word ‘exogamy,’

while dealing with peoples apparently nearest the beginning.

Later, when descent in the male line is established, the prohibition

on marriage within the totem name comes to apply, sometimes, to

marriage within the local district held by the men of the name. The

old prohibition, we see, is to many within the recognised limit of the

blood kinship, or stock, designated by the totem name. But, as tribes

advance to kinship through males, and as, thereby, groups of one totem

name come to possess one region of country, it often happens that

exogamy prohibits marriage between persons dwelling in that region.

Whereas Grouse was forbidden to marry Grouse; later, the Grouse living

together, say in Corradale, the exogamous prohibition takes the shape

‘persons dwelling in Corradale must marry out of Corradale.’ The name

marking the exogamous limit is now, in such cases, local, but the

prohibition is derived from the older tabu on marriage between ‘persons

of the same blood or stock’--all those in Corradale being conceived to

share the same blood or stock. This origin of ‘local exogamy’ must be

kept in mind, otherwise confusion will arise. There are a few cases,

even in Australia, where even local exogamy has become obsolete, and

marriage, as with ourselves, is prohibited between persons of near

kindred simply.

Now, if I may venture to interpret the mind of Mr. John Fergus

McLennan, I conceive that he regarded the totemic division as older

than the ‘phratry’ or the ‘class’ bar, and he thought it the oldest

traceable exogamous limit. Not to marry within the totem name (no

male Emu to marry a female Emu) was, in Mr. McLennan’s opinion, the

most archaic marriage law.[22] This appears from the words of Mr.

McLennan’s brother, Mr. Donald McLennan.[23] He writes: ‘As the theory

of the Origin of Exogamy took shape, and the facts connected reduced

themselves to form in his mind, the conclusion was reached that the

system conveniently called “Totemism” ... must have existed in rude

societies, prior to the origin of Exogamy.[24] This carried back the

origin of Totemism to a state of mind in which no idea of incest

existed. From that condition my brother hoped to trace the progress of

Totemism--necessarily a progress upwards--in connection with kinship

and Exogamy. It may here be said that he had for a time a hypothesis of

the origin of Totemism, but that he afterwards came to see that there

were conclusive reasons against it.’

Meanwhile may we not, then, assume that, in Mr. McLennan’s opinion, the

earliest traceable human aggregate within which matrimony was _legally_

forbidden was the totem kin, indicated by the totem name, the totem

tabu, and the totem badge, or symbol--where it existed?

We now see how heterogeneous elements came to exist in the tribe of

locality, a puzzle to the friends of the theory of the Patriarchal

Family. For the nature of totemism, _plus exogamy_ and _female

descent_, is obviously such that under totemism, each family group

even (each ‘fire circle’ of men, wives, and children), _must_ contain

persons of different totems. The father and mother _must_ be of

different totems (persons of the same totem not intermarrying), and

the children must inherit the totem either of the father or of the

mother.[25] When paternal kinship is not only recognised (as, in

practical life, it always is), but becomes exclusive in its influence

on customary law, and when an approach to the Patriarchal Family, with

the power of the patriarch, is evolved, all the members of the family

in all its branches will (if Totemism persists) have the same totem;

derived from the father. Thus there will now be a _local_ totem group,

a group mainly of the same totem name, as is practically the case in

parts of Central Australia.[26]

It is necessary to understand this clearly. Take a very early group,

in a given district; suppose it, at first, to be anonymous, and let it

later be called the Emu group. So far, all members of the group will

be Emus, they will form an Emu _local_ group. But, next, suppose that

there are many neighbouring groups, also at first anonymous; let them

later be styled Rat, Cat, Bat, Sprat. Suppose that each such group now

(for reasons to be indicated later) takes its wives not from within

itself, but from all the other groups; that these women bring into the

Emu group their group names; and that their children inherit their

names from their mothers. Then the name, ‘Emu group,’ will cling to

that _local_ aggregate, as such; but, in time, the members of the Emu

group will all be, say, Rats, Cats, Bats, and Sprats, so called from

the group-names of their alien mothers. Suppose that, for one reason

or another, children at last come to inherit their names and totems

from their fathers. Then a Cat father will have Cat children, though

his wives may still be of different totems, and his sons’ children will

also be Cats, and so the local group will become mainly, if not wholly,

a group of one totem, the Cat. The Arunta of Central Australia do trace

kinship in the male line, and thus there is ‘one area which belongs to

the Kangaroo men, another to Emu men, another to Hakea flower men,’ and

so on. This has reached such a pitch that ‘in speaking of themselves

the natives will refer to these _local_ groups,’ not by the prevalent

totem names in each, but ‘by the name of the locality which each of

them inhabits,’ namely, as men of the Iturkawura camp, and so on.[27]

Thus we might say ‘the Glen Nevis men,’ ‘the Corradale men,’ and so on.

Thus we begin with an anonymous group, or group of unknown name, a

local group. We introduce Totemism, and that group becomes a local

group with a totem name. Granting exogamy (prohibition of marriage

within the group), and reckoning in the female line, it soon developes

into a local group made up of various totems, but, at first, _as a

local group_, it probably retains its original totem name among its

neighbours. Reckoning, still later, through the male line, we again

meet, as at first, a local totem group, but already Totemism is on

the wane, and the groups are soon to be called by the territorial

names of their lands. At this stage totem names are tending to decay,

and the next step will probably be to style the group by the name of

some remembered, or mythical, male ancestor, such as ‘children of

Donald’--Macdonalds.

Thus if, at a given time, the name of a certain male ancestor is

substituted, as ‘eponymous,’ for the totem name, or the district name,

we shall find a local group of, say, Sons of Donald, into which other

groups, Sons of Sorlie, or Ulrig, will enter, as occasion serves, and

be more or less absorbed. A State may at last arise, say, ‘Softs of

Israel.’

We are not assuming, however, that all human societies have passed

through the totemistic and exogamous stages.

TOTEMISM AND EXOGAMY

But what was the original unit, the totem group, or other division

outside of which alone could marriages be arranged? And why was the

totem name the limit? Returning to Mr. Donald McLennan’s account of the

opinions which his brother did not live to set forth, Totemism arose

‘in a state of man in which no idea of incest existed.’ On this theory,

I presume, there would be totem groups before exogamy arose; before

it was reckoned ‘incest’ to many within the totem name. This, as we

shall see, appears to be sometimes the opinion of the best Australian

authorities, Messrs. Fison and Howitt, and Messrs. Spencer and Gillen.

It is also the theory of Arunta tradition. The totem belief, as it now

exists, imposes many tabus: you may not (as a rule) kill, eat, or use

the plant or animal which is your totem; still less perhaps, in the

long run, may you ‘use,’ sexually, a woman of your totem. If _this_,

or a kindred totem tabu, is the origin of exogamy, then to exogamy (as

a law, though not necessarily as a tendency) the totem is prior in

time. But I have no reason to suppose that Mr. McLennan ever regarded

the totem tabu as the origin of exogamy. In his published works he

offers another theory, not commonly accepted.

But the important thing to note is that exogamy may conceivably

(contrary to Mr. McLennan’s opinion, but in accordance with that of Mr.

Atkinson) have existed, or rather tended to exist, before totems arose;

much more, then, previous to the evolution of totem names, of totem

tabu, and of the idea of incest, _as a sin_, or mystic misdeed, and as

an offence to the totem--a religious offence to God, or to ancestral

spirits. Persons may have been forbidden to marry within their local

group, their ‘fire circle’ before that group had a totem, or a totem

name, and they may have been forbidden for reasons purely secular, to

which the totem later lent a sanction, and a definite limit. Thus Mr.

Tylor, our most sagacious guide in all such problems, writes ‘Exogamy

can and does exist without Totemism, and for all we know was originally

independent of it.’[28]

It is part of my argument that exogamous tendencies, at least--that

is, a habit of seeking female mates outside of the fire-circle--may

very well have prevailed before any human group had even a totemic

name. But exogamous tendencies are not, of course, the same thing as

exogamy strictly defined, and sanctioned by religious or superstitious

fear, and by secular penalties inflicted by the tribe. Against the

notion that exogamy may have been prior to Totemism, Mr. Robertson

Smith argued that very early man would not be restrained from

marriages by such an abstract idea as that of kindred--‘not to marry

your near kin’--while the idea of kindred was still fluid, and not

yet crystallised around the totem name.[29] But, without thinking of

kindred by blood, perhaps without recognising consanguinity (though it

must have been recognised very soon), early man may have decided that

‘thou shalt not marry within this local group or crowd, of which I am

head.’ Nothing abstract in that! There was no tribal law--there were as

yet (I suppose) no tribes--only the will of the head of each small set

of people practically enforced exogamy.

We can have no certainty on this point, for we know of no pre-totemic

race, no people who certainly have not yet entered into the totemic

stage. Any such people, probably, in the remote past, had no idea of

incest as a sin, or of exogamy as a law sanctioned by a tabu. But they

may have, at least, had a strong tendency to marry outside of the

circle of the hearth, the wandering hearth of homeless nomads ranging

after food.

The reader of Mr. Atkinson’s treatise will find that this kind of

exogamy--marriage outside the local group--would, on his theory, be

the rule, even when no idea of blood kindred, or of incest as a sin,

need have arisen; and no totem, or anything else, had yet been named.

The cause of the prohibition would, in Mr. Atkinson’s opinion, be the

sexual jealousy of the hypothetical patriarchal anthropoid male animal;

and, later, the sexual jealousy of his adult male offspring, and of

the females. Still later the group, already in _practice_ exogamous,

would accept the totem name, marking off the group from others, and

the totem name, snipe, wolf, or what not, would become, for the time,

the exogamous limit. No man and woman of the same totem name could

intermarry. Still later, a myth of kinship with the totem would arise,

and would add the religious sanction of a tabu.

A prohibition may perhaps have arisen very early, even if Mr.

Atkinson’s hypothesis (that the rule of marriage outside the group

arose in a state of brutality) be rejected. ‘The origin of bars to

marry is, in fact, complex,’ writes Mr. Crawley. A dislike of marriage

with a group-mate, familiar, through contiguity, from infancy, may

have been developed among early men;[30] and may have been reinforced

by the probably later superstitions which create ‘sexual tabu,’ and

mutual avoidance, among many existing peoples. Men and women are,

by savages, conceived to be mysteriously perilous to each other,

especially when they live in close contiguity. Mr. Crawley also allows

for Mr. Atkinson’s main factor, jealousy, ‘proprietary feeling,

which is one crude means by which the family has been regulated and

maintained.’[31] If these things were so (whether we go back to Mr.

Atkinson’s semi-brutal ancestors, or not), then, contrary to Mr. Donald

McLennan’s opinion, and to general opinion, it would not ‘appear to be

possible to demonstrate that Totemism preceded exogamy,’ or at least

preceded the exogamous tendency. For, in the first place, exogamy might

conceivably tend to arise before the explicit idea of kinship--whether

male or female--arose. Mr. Atkinson’s ‘primal law’ would be unuttered

in speech (speech, by his theory, there was none), but would amount

to this: ‘I, the patriarchal bull of this herd, will do my best to

kill you, the adult young bulls, if you make any approaches to any of

the cows in this crowd.’ There is no notion of ‘incest,’ but there is

jealousy producing the germ exogamy. The young bulls must find mates

outside of the local herd--or do without. This rule persisted, on Mr.

Atkinson’s theory, till the hypothetical anthropoid became a man, and

named his group (or had it named for him, as I later suggest) by a

totem name.

But real human and speaking beings might enforce marriage outside of

the group, though they did not perhaps think explicitly of kindred (or,

at least, did not think the idea fully out), still less of ‘incest,’ as

sin. Mr. McLennan’s theory, as given in his works, was partly identical

with that of Mr. Atkinson. ‘The earliest human groups can have had

no _idea_ of kinship’--they must, therefore, have been rather low

savages. ‘But,’ he said, ‘they were held together by a _feeling_ of

kinship,’ not yet risen into explicit consciousness. Cat and kitten

have, probably, _feeling_ of kinship, and that _feeling_ is very

strong, while it lasts, in the maternal cat, while between semi-human

mothers and children, arriving so very slowly at maturity, mother-kin

must have been consciously realised very early. Mr. McLennan then

showed the stages by which the savage would gradually, by reflection,

reach explicit consciousness of female kinship, of mother-relationship,

sister and brother relationship, and all the degrees of _female_ kin.

But Mr. Fison and others have argued powerfully against this

theory.[32] Moreover, we find male relationships, as we saw--‘descent

counted in the male line’--among the Arunta of Central Australia,

whom Mr. J. G. Frazer regarded, in 1899, as actually ‘primitive;’

while the neighbours of the Arunta, the Urabunna, reckon through the

female line.[33] Mr. Crawley, for various reasons, says, ‘the famous

Matriarchal theory’ (the prepotency and dominion of women) ‘was as

exaggerated in its early forms as was the Patriarchal.... It is a

method of tracing genealogy, more convenient in polygamous societies

and more natural in primitive times when the close connection of

mother and child during the early days of infancy emphasises the

relation.’[34] Dr. Westermarck argues to a similar effect.[35] His

motive is to discredit the theory of promiscuity, and consequent

uncertainty of fatherhood, as the cause of reckoning on the spindle

side. But the Arunta, who reckon on the sword side, actually do

not even know that children are the result of sexual intercourse,

according to Messrs. Spencer and Gillen. How they can have any idea

of blood-kinship at all is, therefore, the mystery. It may perhaps be

argued that they have none. But these ignorant Arunta reckon descent

through the male line--while the Royal Picts, in early Scotland,

infinitely more civilised, reckoned by the female line.

For myself, I still incline to the opinion[36] that the reckoning of

descent through the woman is the more archaic method, and the method

that, certainly, tends to dwindle and disappear, as at last it did

among the Picts. This applies to human society, not to that of Mr.

Atkinson’s hypothesis, in which the question is not of kin, but of

property. ‘Every female in my crowd is my sole property,’ says--or

feels--Mr. Atkinson’s patriarchal anthropoid, and the patriarch gives

expression to his sentiment with teeth and claws, if he has not yet

learned to double up his fist, with a stone in it. ‘These were early

days.’

THEORIES OF EXOGAMY. MR. MCLENNAN’S THEORY

In any case, Mr. McLennan’s hypothetical first groups, like Mr.

Atkinson’s, were very low indeed. They developed exogamy, not (as

in Mr. Atkinson’s theory) through sexual jealousy on the part of

the sires, but, first, through regular female infanticide. This

practice, being reasonable, could not prevail among Mr. Atkinson’s

anthropoids.[37] Girl babies being mostly killed out, women became

scarce. Neighbouring groups being hostile, brides could only be

procured by hostile capture. Each group thus stole all its brides and

became exogamous, and marriage inside the group became a sin, by dint

of ‘a prejudice strong as a principle of religion.’

This theory of Mr. McLennan’s is, I think, quite untenable. The

prevalence of female infanticide, at the supposed very early stage of

society, is not demonstrated, and did not seem probable to Mr. Darwin.

Even if it existed, it could not create a prejudice against marrying

the few women left within the group. Mr. McLennan, unhappily, was

prevented by bad health, and death, from working out his hypothesis

completely. His most recent statement involves the theory that the

method of the Nairs of Malabar, living in polyandrous households (many

men to each woman) was the earliest form of ‘marriage.’ But people who,

like the Nairs, dwell in large households, are far indeed from being

‘primitive.’ ‘A want of balance between the sexes’ led, Mr. McLennan

held, to ‘a practice of capturing women for wives,’ and was followed

by ‘the rise of the law of exogamy.’ The first prohibition would be

against capturing women of the kindred (marked by the totem), for such

capture, if resisted, might involve the shedding of kindred blood.

Women being scarce, through female infanticide, kindred groups would

not give up or sell their women to each other (though to the males of

the groups, such women could not be wives), nor could women be raided

from kindred groups, as we saw. So they would be stolen from alien

groups, ‘and so marriages with kindred women would tend to go into

desuetude.’ The introduction of captured alien wives would change the

nature of matrimonial relations. Under the Nair system ‘a woman would

live in the house of her mother, and under the special guardianship and

protection of her brothers and her mother’s brothers. She would be in a

position of almost absolute independence of her husbands....’

But really pristine man and woman can have had no houses, no

matriarchal rule of women. The Nairs, not being primitive, have

houses, and their women have authority: pristine man was not in their

condition. However, captured alien wives would, Mr. McLennan argues, be

property, be slaves; and men would find this arrangement (now obsolete)

so charming that polyandry and the reign of woman would go out. The

only real legal marriage would be wedlock with an alien, a captive,

a slave woman. Marriage with a woman of the same stock would be a

crime and a sin. It would be incest.[38] Really it would be, at worst,

concubinage.

This theory seems untenable at every point, community of wives, female

infanticide, household life, supremacy of women in the household,

living with a non-captive wife reckoning as incest, and, in short, all

along the line. Even if the prejudice against marrying native women

did exist, it could not be developed into the idea of sin--granting

that the idea of sin already existed. To be sinful, endogamy within the

group must have offended some superstitious belief, perhaps the belief

in the totem, with its tabu.[39]

MR. CRAWLEY’S THEORY

To disengage from his learned book, _The Mystic Rose_ (1902), Mr.

Crawley’s theory of the origin of exogamy is no easy task. He strongly

insists on the ‘religious’ element in all early human thought, and

as in ‘religion’ he includes the vague fears, misgivings, and ideas

of ‘luck,’ which haunt even the least religious of modern men, we

may say that ‘religion,’ in this sense, mingles with the thought of

all ages. The present writer, like Dr. Johnson, is an example of

the ‘religious’ character, and of Mr. Crawley’s remark that ‘human

nature remains potentially primitive.’ To the ‘religious’ man or

woman (using ‘religious’ in this sense) the universe is indeed a

thing of delicate poise, and may ‘break, and bring down death,’ if

we walk under a ladder, or spill the salt, or enter a doorway with

the wrong foot foremost, or fail to salute a magpie, or the new moon.

The superstitious anthropologist, of course, knows that all these

apprehensions of his are utterly absurd, but the savage is careful

and troubled about them. The Philistine, on the other hand, is proud

of his conquest of these airy terrors: he ‘cannot imagine what people

mean by such nonsense,’ and, exactly so far as he is sincere, he cannot

comprehend early mankind.

Now, as to exogamy, our difficulty is to understand why breach of

the rule against certain marriages is, everywhere, so deadly a sin:

so black an offence against ‘religion.’ Mr. Crawley’s explanation

is not, perhaps, easily to be disengaged from the mass of his work,

but it begins in his appreciation of the δεισιδαιμονία of early men,

their ever-present sense of ‘religious’ terrors. ‘Thus all persons

are potentially dangerous to others, as well as potentially in

danger....’[40] This sense of peril arises ‘in virtue simply of the

distinction between a man and his fellows.’ Much more, then, are women

dangerous to men, and men to women, the sexes being so distinct from

each other. We know that the most extraordinary precautions are taken

to avoid contact with women in certain circumstances, and a well-known

story of Sir John Mandeville’s is only one case of the fact that the

bridegrooms of some races, from a superstitious terror, insist on being

made _cocus en herbe_. Messrs. Spencer and Gillen give the instance

of ‘the marriage ceremony’ (an odious brutality) among the Arunta of

Central Australia.[41] It is perhaps intended to deliver the bridegroom

from a peril imagined by superstition (as in Mandeville’s tale);[42]

and, without it, the Australian would resemble the man derided in the

old Scottish song:

The Bridegroom grat when the sun gaed doon.

Thus a ‘religious’ dread attaches among savages (the theory holds) to

all marriages; all are novelties, new steps in life, and therefore

are so far ‘sinful’ that they involve a peril, vague but awful, the

creation of superstition. Marriages contrary to the exogamous rule,

are only especially and inexplicably bad cases of the ‘sin’--that is,

mystic danger--of marital relations in general, as I understand Mr.

Crawley. Marriage ceremonies of every kind are devised to avoid ‘sin,’

as our Marriage Service candidly states, using ‘sin’ in the Christian

sense of the word. But there are savage marriages, those forbidden

by the law of exogamy, which, as a general rule, no ceremony can

render other than sinful. So great and terrible is the danger of such

marriages--namely, among many savages, between persons of the same

totem, that it threatens the whole community, just as the marriage

of Charles I. with a Catholic bride caused the Plague, according to

the Rev. Mr. Row, and therefore such unions are punished by the death

penalty, and are but seldom left to the automatic vengeance of the

tabu. Foremost in this black list of sins are the unions of brothers

and sisters of the full blood, though, we must remember, these are not

more heavily punished than marriage between a man and woman of the

same totem, even if the pair come together from opposite ends of the

continent, and are not blood relations at all. Why is this?

As I understand Mr. Crawley, the sexes, in savagery, avoid each other’s

society in everyday life, partly from ‘sexual tabu’--the result of the

superstitions already indicated; partly because of ‘sexual solidarity,’

perhaps even of ‘sexual antipathy.’ In fact, men and women are often

very much in each other’s way. We do not want women in our clubs and

smoking-rooms--nor do savages--and we despise a man who lurks in

drawing-rooms when his fellows are out of doors; a man who is a pillar

of luncheon parties and of afternoon tea. But this separation of the

sexes is especially rigid between the children of the same hearth, even

among nomads. The boys go with the father, the girls with the mother.

The manlike apes have the same ideas. ‘Diard was told by the Malays,

and he found it afterwards to be true, that the young Siamangs, when

in their helpless state, are carried about by their parents, the males

by the father, the females by the mother.’ ‘The nests ... are only

occupied by the female and young, the male passing the night in a fork

of the same tree or another tree in the vicinity.’[43]

These facts of ape etiquette would, to use an Elizabethan phrase, have

been ‘nuts’ to Mr. Atkinson, and prove that sexual separation of the

children is a very early institution. In Australia, New Caledonia,

and other countries, brothers and sisters must not even speak to each

other, and must avoid each other utterly. Thus the danger and ‘sin’

of the most innocent intercourse between brothers and sisters is

emphasised; much more awful, then, are matrimonial unions of brother

and sister. ‘The extension’ (of this idea) ‘by the use of relationships

produces the various forms of exogamy,’ says Mr. Crawley.[44] There are

difficulties here; for example, Mr. Crawley tells us that incest did

not ‘need prevention,’ though the rules of brother-and-sister avoidance

seem really to mean that it did, or was thought to do so (but perhaps

only superstitious dread of ordinary intercourse caused the rule?), and

though we know of regions where such incest, in early youth, is said

to be universal.[45] ‘Such incest,’ says Mr. Crawley, ‘is prevented by

the psychological difficulty with which love comes into play between

persons either closely associated, or strictly separated before the

age of puberty....’[46] Now we know that lust does come into play--for

example, among the Annamese--between brothers and sisters not closely

separated; and we also know that, the more persons are ‘strictly

separated,’ the more does the novelty and romance, when they do meet,

produce natural attraction, as between Romeo and Juliet. Incest among

the young is really prevented by the religious horror with which, by

most peoples, it is regarded; as well as, among the civilised, by the

constant and sacred familiarity of family life. The bare idea of it

can only occur, as a desirable notion, to a boyish revolutionary, like

Shelley, or to minds congenitally depraved.

Again, men and women of the same totem have no ‘avoidances’ forced

upon them, as far as I know (and, as they may not marry, this is an

oversight); yet their marriages are as terribly sinful as marriages

between brother and sister of the full blood. Mr. Crawley writes,

‘Obviously the one invariable antecedent in all exogamous systems,

indeed in all marriage systems, is the prohibition of marriage “within

the house.”’ But, we reply, A (a male) and B (a female), of the same

totem, may never have been in the same house, or in the same degree

of latitude and longitude, before they met and fell in love. As to

‘house,’ houses they may have none. Yet their union is a deadly sin.

Mr. Robertson Smith is said to have ‘set the question in the right

direction,’ when he wrote, ‘whatever is the origin of bars to marriage,

they certainly are early associated with the feeling that it is

indecent for house-mates to intermarry.’[47]

But what is early need not be primary.

Again, if Mr. Crawley reads on, he will find, I think, that the context

of Mr. Robertson Smith’s argument shows him not to have held that

exogamy arose in ‘the feeling that it is indecent for “house-mates”’

(or tent-mates) ‘to marry.’ For Mr. Robertson Smith adds, ‘it will not

do to turn this argument round, and say that the pre-Islamic law of

bars to marriage may have arisen ... in virtue of a custom that every

wife and her children shall have their own tent.[50] In any case, we

cannot speak of ‘house-mates’ before there were houses. But if for

‘house-mates’ we read ‘hearth-mates,’ then no sense of ‘indecency,’

as on Mr. Crawley’s theory, need necessarily attend their marriage,

for hearth-mates may be of different totems, derived from different

mothers, and may be marriageable enough, at least as far as totem

law is concerned. A, male, an Emu, marries B, a Bandicoot, and C, a

Grub. His children by B have the Bandicoot totem, his children by C

have the Grub totem. As far as totem law goes, these children may

intermarry, but this is not allowed in practice to-day. Mr. Mathews

says, of the Kamilaroi, ‘in order to prevent such a close marriage’

(of brother and sister on the father’s side), ‘every tribe has strict

social customs, founded upon public opinion, which will not tolerate

the union of a man with a woman whose blood relationship is considered

too near.’[48] Australian ethics, long trained under the old totem

and phratry prohibitions, are now sufficiently enlightened to reject

unions which we also forbid. But it cannot have been so in the

beginning, or the totem and phratry tabus on marriage would have had

no occasion to exist. It would have sufficed to say, ‘Thou shalt not

marry thy sister, or mother,’ and the totemic rule would have been a

cumbrous superfluity. Superfluous it would have been, even under the

hypothetical ‘group marriage system,’ where the law would have run

‘Thou shalt not marry thy group-sister or group-mother.’

While Mr. Matthews gives a kind of bye-law, forbidding marriage, under

female descent, with the paternal half-sister, Mr. Fison avers that the

Kamilaroi do allow such unions. ‘It is marriage within a phratria,’ but

not within a totem.[49] The fact was denied, or at least questioned,

by many correspondents, but Mr. Fison believed it to be authentic.

‘The natives justified it on the ground that the parties were not of

the same _mudji_’ (totem). Apparently these natives, who let a man

marry his father’s daughter, had not arrived at an objection to unions

of ‘too near flesh.’ But mere decadence, under European whisky, may

be the explanation. Mr. Matthews denies, as we saw, what Mr. Fison

asserts, as to the Kamilaroi. Mr. Crawley writes, ‘if we apply to the

word “indecent” the connotation of sexual tabu ... and if we understand

by “house-mates” those upon whom sexual tabu concentrates, we have

explained exogamy.’[50]

Scarcely, for sexual tabu against marriage, in fact, now, at least,

concentrates on people of near kin, and on totem-mates, man and woman

of the same totem, and they may be ‘house-mates,’ or ‘hearth-mates,’

or they may not (in polygamous society), and the hearth-mates (as

far as the totem rule goes, but not now in practice) may thus be

intermarriageable, as not of the same totem, while totem-mates, from

opposite ends of a continent, are not intermarriageable (except in the

peculiar case of the Arunta and cognate tribes).

But Mr. Crawley may reply that each totem, originally, did really

pertain to all members of each small local group, and that the totem

prohibition was extended, later, to all groups of the same totem name,

however distant in space. Thus according to the Euahlayi blacks there

were originally no totem names, but the divine Baiame gave them to

mortals with the rule that no pair of the same totem name were to

marry, ‘however far apart their hunting grounds.’ Thus considered,

the tabu which forbids an Emu man to marry an Emu woman, would mean

no more, originally, than that marriage between persons living in the

close contiguity of the same local group (in this case the Emu group)

was forbidden. There might be no original intention of prohibiting

marriage with a person of an Emu group, dwelling a thousand miles

away; probably no such group was known to exist. The original meaning

of exogamous law, I repeat, would be merely ‘you must not marry

a hearth-mate,’--or a ‘house-mate,’ in Mr. Crawley’s phrase--the

hearth-mates, in this particular instance, being delimited by the

name ‘Emu.’ So far my conjecture agrees with that of Mr. Crawley. The

extension of the prohibition to persons of the same totem-name, however

remote their homes and alien their blood, I am content to regard as a

later kind of accidental corollary. There came to be totem kins of the

same name, far remote, and thus, as it were casually, the law acquired

an unpremeditated sweep and scope, including persons not really of the

same group or blood, only of the same name.

But why was there originally any objection at all to marrying the most

accessible bride, the female hearth-mate? Here, as I have tried to

show, Mr. Crawley would explain by his idea of sexual tabu. All men are

regarded with superstitious dread by all women, and _vice versa_; above

all, as a daily danger, the men, or women living in close contiguity

must avoid each other. To keep them apart all sorts of tabus and

avoidances are invented, including the tabu on their marriage.

This is a plausible and taking theory, and I am far from arguing that

it cannot be a true theory. But the insuperable difficulty of deciding

arises from the circumstance that we know nothing at all about the

intellectual condition of the more or less human beings among whom

the prohibition of marriage within the group first arose. Were they

advanced enough to be capable of such a superstitious dread of each

other as the supposed cause of the prohibition takes for granted? Males

and females, among the lower animals, have no such superstition. It

requires human imagination. On the other hand, animal jealousy was well

within their reach, and Mr. Atkinson derives the original prohibition

of marriage within the group from the sheer sexual jealousy of the

animal-patriarch. In his opinion the consequent aversion to such

wedlock crystallised into a habit, as the race advanced towards full

humanity.

Even before his anthropoid clients were completely human, the group

would be replete with children of females not of the full group blood,

captives, and therefore these children (if blood kin through females

were regarded) would be eligible as wives. But this would not yet, of

course, be understood. Perhaps it would not be fully understood till

the totem name was given to, and accepted by, each group, and so there

was a definite mark set on each woman brought in from without the

group, and on her children, who bore her totem name. After that, each

totem group obviously contained members of other totems, and those,

being now recognised by their mother’s totem names, were technically

intermarriageable. What had been a group not explicitly conscious of

its own heterogeneous elements, became, in fact, an assemblage of

_recognised_ heterogeneousness, capable of finding legal brides within

itself, and no longer under the necessity (had it understood) of

capturing brides from without in hostile fashion. Such an assemblage

would, or might, come to consist of families, dwelling, or rather

wandering, within a given region, all on terms of friendship and mutual

aid. I take it that, by this time, improved weapons and instruments,

and improved skill, enabled groups larger than the small original

groups to live in a given area. In fact, the group would, or might,

be a small local ‘tribe,’ but, probably, was unconscious of the

circumstance. If conscious, one cause of hostility among the groups

was at an end, there was no necessity for stealing women, a system of

peaceful betrothals within the group might now arise, though certain

facts, to be dealt with later, raise a presumption, perhaps, that this

relatively peaceful state of life did not appear until two of the

original local totem groups coalesced in _connubium_, intermarrying

with each other, in fact becoming ‘phratries.’

To produce the new condition of affairs, two factors were necessary:

first, a means of distinguishing the captured women within every group

from each other, and from the group into which they were brought by

capture. This means of distinction was afforded by the totem names.

Next, a recognition of kinship was needed, and this was supplied, let

us conjecture, by naming the children of each of the captive women

after the totem name of the group from which she was captured. If all

the children indiscriminately were called by the totem name (say Emu)

of the local group into which their mothers had been brought--that is,

by the totem name of their fathers--there would be no recognisable

heterogeneity within that group, and so there would be, within the

local group, no possible wives, under the exogamous rule. Whether

polyandry then existed, or not, still all the fathers were of one

local totem name, say Emu, and children could only be differentiated

by styling them after the totem names of their alien mothers. This

is usually done among the savages who are least advanced, but not

among the Arunta, whose totem names, as we shall see, by a curious

divergence, do not indicate stock, but are derived from a singular

superstition about ancestral spirits, of various totems, incarnating

themselves in each new-born child.

Mr. McLennan, in _Primitive Marriage_ (1865), had arrived at

conclusions very like these. The primitive groups ‘were assumed to

be homogeneous.... While as yet there was no system of kinship, the

presence of captive women in a horde’ (group), ‘in whatever numbers,

could not introduce a system of betrothals’--the women and their

children not yet being differentiated from each other, and from the

group in which they lived. Mr. McLennan, in 1865, did not ask how

these women ever came to be distinctly differentiated, each from

each, and from the group which held them, though that differentiation

was a necessary prelude to the recognition of kindred through these

women. But presently, in his _Studies of Totemism_ (1869), he found,

whether he observed the fact or not, the means of differentiation.

Differentiation became possible after, and not before, each primitive

group received a totem name, retained by its captive women within each

group to which they were carried, a name to be inherited by their

children in each case.

He says, ‘heterogeneity as a statical force can only have come into

play when a system of kinship led the hordes to look on the children of

their foreign women as belonging to the stocks of their mothers.’ That

was impossible, before the totem or some equivalent system of naming

foreign groups arose, a circumstance not easily observed till Mr.

McLennan himself opened the way to the study of Totemism.[51]

It thus appears that Mr. Crawley’s theory of exogamy and mine are

practically identical in essence (if I rightly interpret him). The

original objection was to the intermarriage of the young of the

group of contiguity, the hearth-mates. If there was but one male of

the elder generation in the group of contiguity, these young people

would be brothers and sisters. If there were two or more males of

the elder generation, brothers, the group would include cousins, who

(even before the totem name was accepted by the group) would also be

forbidden to intermarry. When the totem name was accepted, cousins,

children of brother and sister, and even brothers and sisters, children

of one father, by. wives of different totems, would be, technically,

intermarriageable: though their marriages may, in practice, have been

forbidden because they were still of the group of contiguity, and as

such bore its _local_ totem name, say, Emu, while, by the mother’s

totem name, they may have been Bats, or Cats, or anything. Where I must

differ from Mr. Crawley is in doubting whether at this hypothetical

early stage, the superstitions which produce ‘sexual tabu’ had arisen.

We cannot tell; but certainly, as soon as the totem name had given rise

to the myth that the totem, in human beings as in animals and plants,

was inviolable--the beast or plant of the totem blood not to be killed

or eaten,[52] the woman of the totem name not to be touched--so soon

would endogamy, marriage within the totem, be a sin, incest. This it

would be; the totem tabu once established, whether sexual tabu, or

sexual jealousy, or both, caused the first prohibition, not to marry

group, mates. Here we may briefly advert to Dr. Westermarck’s theory of

exogamy, though it interrupts the harmonious issue of our speculations.

DR. WESTERMARCK’S THEORY

As to exogamy, Dr. Westermarck explains it by ‘an instinct’ against

marriage of near kin. Our ancestors who married near kin would die out,

he thinks, and they who avoided such unions would survive, ‘and thus

an instinct would be developed,’[53] by ‘Natural Selection.’ But why

did any of our ancestors avoid such marriages at all? From ‘an aversion

to those with whom they lived.’ And why had they this aversion?

Because they had an instinct against such unions. Then why had they

an instinct? We are engaged in a vicious circle. ‘Lastly it is not

scientific to use the term instinct of this kind of thing.’[54]

MR. MORGAN’S THEORY

As to Mr. Morgan’s theory, in his _Ancient Society_ (1877), of a

movement of sanitary and moral reform, which led to prohibition of

‘consanguine marriages’ I shall return to it in a later part of this

essay (‘Other Bars to Marriage’). Here it will be found that Mr. Morgan

is the source of certain other theories which we are to discuss, a fact

involving a certain amount of repetition of arguments already advanced.

RETURN TO THE AUTHOR’S THEORY

We conclude, provisionally, that exogamy, for various reasons of

sexual jealousy, and perhaps of sexual superstition, and of sexual

indifference to persons familiar from infancy, may, at least, have

tended to arise while each little human group was anonymous; before the

acceptance of totem names by local groups. But this exogamous tendency,

if it existed, must have been immensely reinforced and sweepingly

defined when the hitherto anonymous groups, coming to be known by

totem names, evolved the totem superstitions and tabus. Under these, I

suggest, exogamy became fully developed. Marriage was forbidden, amours

were forbidden (there are exceptional cases), within the totem name.

This law barred, of course, marital relations between son and mother,

between brother and sister, but, just as it stood, permitted incest

between father and daughter, so long as the totem name was inherited

from the mother. But that form of incest, in turn, came to be barred

by another set of savage rules, which, whatever their origin, prohibit

marriage _within the generation_. That set of rules, noted specially

in Australia and North America, is part of what is usually styled ‘The

Class System.’

[Footnote 1: Dr. Munro, _Archæological Journal_, vol. lix. no. 234, pp.

109-143: (_Tire à part_, p. 1.) See also later, _Hypothetical Early

Groups_.]

[Footnote 2: To this point, hostility, I return later.]

[Footnote 3: Dr. Munro, _Archæological Journal_, vol. lix. no. 234.]

[Footnote 4: Munro, _Archæological Journal_, vol. lix. no. 234, p. 22.]

[Footnote 5: _Ibid._ p. 32.]

[Footnote 6: _Ibid._ p. 18.]

[Footnote 7: _Ibid._ p. 20.]

[Footnote 8: _Ibid._ p. 22.]

[Footnote 9: L’Anthropologie, Mars-Avril, 1902. For a brief

bibliography of the bull-roarer see Mr. Frazer, _The Golden Bough_,

iii. pp. 423-4, note 1.]

[Footnote 10: _Journal and Proceedings Royal Society N.S.W._, vol.

xxviii. p. 305. See also Roth, _Ethnological Studies_, pp. 132-138.

1897.]

[Footnote 11: Ancient Law p. 132.]

[Footnote 12: Major Kennedy’s portrait of 1750-1760 represents him in

Macdonnell tartan. He was an agent of Prince Charles.]

[Footnote 13: _Early History of Institutions_, pp. 310, 311.]

[Footnote 14: Westermarck, _History of Human Marriage_, pp. 53-57.]

[Footnote 15: Mr. John Mathew declares that ‘jealousy is a powerful

passion with most aboriginal husbands’ in Australia. Messrs. Spencer

and Gillen, on the other hand, represent the aboriginal husband as

one of the most complacent of his species, jealousy being regarded

as ‘churlish.’ Messrs. Spencer and Gillen are decidedly the better

authorities. Mathew, _Jour. Roy. Soc. N.S.W._, xxiii. 404. Westermarck,

p. 57. _Native Tribes of Central Australia_, p. 99.]

[Footnote 16: _Studies in Ancient History_, 1876, p. 41.]

[Footnote 17: The late Major Powell, of the American Bureau of

Ethnology, used _gens_ of a totem kin with descent in the male line,

_clan_ of such a kin with descent in the female line, and his school

follows him. Mr. Howitt, on the other hand, uses ‘horde’ for a local

community with female, ‘clan’ for a local community with male descent.]

[Footnote 18: ‘The Seri Indians,’ by W. J. McGee. _Report of Bureau of

American Ethnology_, Washington, 1898.]

[Footnote 19: ‘Siouan Sociology,’ _Report of American Ethnological

Bureau_, 1897, p. 213.]

[Footnote 20: _Studies in Ancient History_, second series, p. 265.]

[Footnote 21: _Studies in Ancient History_, second series, p. 46. In an

appendix to Mr. _Morgan’s Ancient Society_, Mr. McLennan’s terms are

severely criticised.]

[Footnote 22: I shall call each set indicated by a totem name a ‘totem

group,’ if the members live together; a ‘totem kin,’ if they are

scattered through the tribe.]

[Footnote 23: _The Patriarchal Theory_, pp. 6, 7, 1885.]

[Footnote 24: Meaning by Exogamy, not a mere tendency to marry out of

the group, but a customary law with a religious sanction.]

[Footnote 25: Here the unusual case of the Arunta offers an exception

to the rule; a point to be discussed later.]

[Footnote 26: Spencer and Gillen, pp. 8-10.]

[Footnote 27: _Ibid_. pp. 8-9.]

[Footnote 28: ‘Remarks on Totemism,’ _Jour. Anthrop. Inst._, August,

November, 1898.]

[Footnote 29: _Kinship in Early Arabia_, p. 187.]

[Footnote 30: But, as Dr. Durkheim says, man and wife might soon

abandon each other, if familiarity breeds contempt.]

[Footnote 31: _Journal of the Anthropological Institute_, May, 1895, p.

444.]

[Footnote 32: _Kamilaroi and Kurnai_, p. 132. 1880.]

[Footnote 33: Spencer and Gillen, p. 70. Frazer, _Fortnightly Review_,

April, May, 1899.]

[Footnote 34: _The Mystic Rose_, p. 460.]

[Footnote 35: _History of Human Marriage_, pp. 105-113.]

[Footnote 36: Tylor, _J. A. I._ xviii. 3, 254.]

[Footnote 37: The practice however, is attributed to tame canary birds.]

[Footnote 38: _Studies in Ancient History_, second series, pp. 57-65.]

[Footnote 39: Cf. _Custom and Myth_ (A. L.), p. 258.]

[Footnote 40: _Mystic Rose_, p. 31.]

[Footnote 41: Spencer and Gillen, pp. 92-93.]

[Footnote 42: Lord Avebury’s view that the ‘rite’ implies compensation

to the other males of the community will be considered later.]

[Footnote 43: Westermarck, p. 13. Citing Brehm, ‘Thierleben,’ i. 97,

_Proceedings R.G.S._ xvi. 177.]

[Footnote 44: _Mystic Rose_, p. 443.]

[Footnote 45: Westermarck, p. 292.]

[Footnote 46: _Mystic Rose_, p. 222.]

[Footnote 47: _Kinship and Marriage in Early Arabia_, p. 170.]

[Footnote 48: _Proc. Roy. Soc. N.S.W._ xxxi. 166.]

[Footnote 49: _Kamilaroi and Kurnai_, pp. 42,46, 47, 115.]

[Footnote 50: _Mystic Rose_, p. 443.]

[Footnote 51: See _Studies in Ancient History_, pp. 183-186.]

[Footnote 52: This is the view of Dr. Durkheim, who explains the blood

superstition. Cf. Reinach, _L’Anthropologie_, x. 652.]

[Footnote 53: _History of Human Marriage_, p. 352.]

[Footnote 54: Compare Mr. Crawley, _Mystic Rose_, pp. 444-446.]

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