RESTRICTIONS IN MARRIAGE.[4]

It is proposed in the following remarks to meet an objection that has

been repeatedly urged against the possible adoption of any system of

Eugenics, namely, that human nature would never brook interference with

the freedom of marriage.

In my reply, I shall proceed on the not unreasonable assumption, that

when the subject of Eugenics shall be well understood, and when its

lofty objects shall have become generally appreciated, they will meet

with some recognition both from the religious sense of the people and

from its laws. The question now to be considered is, how far have

marriage restrictions proved effective, when sanctified by the religion

of the time, by custom, and by law? I appeal from arm-chair criticism to

historical facts.

To this end, a brief history will be given of a few widely spread

customs. It will be seen that with scant exceptions they are based on

social expediency, and not on natural instincts. Each of the following

paragraphs might have been expanded into a long chapter had that seemed

necessary. Those who desire to investigate the subject further can

easily do so by referring to standard works in anthropology, among the

most useful of which, for the present purpose, are Frazer’s _Golden

Bough_, Westermarck’s _History of Marriage_, Huth’s _Marriage of Near

Kin_, and Crawley’s _Mystic Rose_.

1. MONOGAMY. It is impossible to label mankind by one general term,

either as animals who instinctively take a plurality of mates, or who

consort with only one, for history suggests the one condition as often

as the other. Probably different races, like different individuals, vary

considerably in their natural instincts. Polygamy may be understood

either as having a plurality of wives; or, as having one principal wife

and many secondary but still legitimate wives, or any other recognised

but less legitimate connections; in one or other of these forms it is

now permitted—by religion, customs, and law—to at least one-half of the

population of the world, though its practice may be restricted to a few,

on account of cost, domestic peace, and the insufficiency of females.

Polygamy holds its ground firmly throughout the Moslem world. It exists

throughout India and China in modified forms, and it is entirely in

accord with the sentiments both of men and women in the larger part of

negro Africa. It was regarded as a matter of course in the early

Biblical days. Jacob’s twelve children were born of four mothers all

living at the same time, namely, Leah, and her sister Rachel, and their

respective handmaids Bilhah and Zilpah. Long afterwards, the Jewish

kings emulated the luxurious habits of neighbouring potentates and

carried polygamy to an extreme degree. For Solomon, see I Kings xi. 3.

For his son Rehoboam, see II Chron. xi. 21. The history of the

subsequent practice of the custom among the Jews is obscure, but the

Talmud contains no law against polygamy. It must have ceased in Judæa by

the time of the Christian Era. It was not then allowed in either Greece

or Rome. Polygamy was unchecked by law in profligate Egypt, but a

reactionary and ascetic spirit existed, and some celibate communities

were formed in the service of Isis, who seem to have exercised a large

though indirect influence in introducing celibacy into the early

Christian Church. The restriction of marriage to one living wife

subsequently became the religion and the law of all Christian nations,

though licence has been widely tolerated in royal and other

distinguished families, as in those of some of our English kings.

Polygamy was openly introduced into Mormonism by Brigham Young, who left

seventeen wives, and fifty-six children. He died in 1877; polygamy was

suppressed soon after (_Encyc. Brit._, xvi. 827.)

It is unnecessary for my present purpose to go further into the

voluminous data connected with marriages such as these in all parts of

the world. Enough has been said to show that the prohibition of

polygamy, under severe penalties by civil and ecclesiastical law, has

been due not to any natural instinct against the practice, but to

consideration of social well-being. I conclude that equally strict

limitations to freedom of marriage might, under the pressure of worthy

motives, be hereafter enacted for Eugenic and other purposes.

2. ENDOGAMY, or the custom of marrying exclusively _within_ one’s own

tribe or caste, has been sanctioned by religion and enforced by law, in

all parts of the world, but chiefly in long settled nations where there

is wealth to bequeath and where neighbouring communities profess

different creeds. The details of this custom, and the severity of its

enforcement, have everywhere varied from century to century. It was

penal for a Greek to marry a barbarian, for a Roman patrician to marry a

plebeian, for a Hindu of one caste to marry one of another caste, and so

forth. Similar restrictions have been enforced in multitudes of

communities, even under the penalty of death.

A very typical instance of the power of law over the freedom of choice

in marriage, and which was by no means confined to Judæa, is that known

as the Levirate. It shows that family property and honour were once held

by the Jews to dominate over individual preferences. The Mosaic law

actually _compelled_ a man to marry the widow of his brother if he left

no male issue. (Deuteron. xxv.) Should the brother refuse, “then shall

his brother’s wife come unto him in the presence of the elders, and

loose his shoe from off his foot, and spit in his face; and she shall

answer and say, so shall it be done unto the man that doth not build up

his brother’s house. And his name shall be called in Israel the house of

him that hath his shoe loosed.” The form of this custom survives to the

present day and is fully described and illustrated under the article

“Halizah” (= taking off, untying) in the _Jewish Cyclopædia_. Jewish

widows are now almost invariably remarried with this ceremony. They are

as we might describe it, “given away” by a kinsman of the deceased

husband, who puts on a shoe of an orthodox shape which is kept for the

purpose, the widow unties the shoe, spits, but now on the _ground_, and

repeats the specified words.

The duties attached to family property led to the history, which is very

strange to the ideas of the present day, of Ruth’s advances to Boaz

under the advice of her mother. “It came to pass at midnight” that Boaz

“was startled (see marginal note in the Revised Version) and turned

himself, and behold a woman lay at his feet,” who had come in “softly

and uncovered his feet and laid her down.” He told her to lie still

until the early morning and then to go away. She returned home and told

her mother, who said, “Sit still, my daughter, until thou know how the

matter will fall, for the man will not rest until he have finished the

thing this day.” She was right. Boaz took legal steps to disembarrass

himself of the claims of a still nearer kinsman, “who drew off his

shoe”; so Boaz married Ruth. Nothing could be purer from the point of

view of those days, than the history of Ruth. The feelings of the modern

social world would be shocked if the same thing were to take place now

in England.

Evidence from the various customs relating to endogamy show how choice

in marriage may be dictated by religious custom. That is, by a custom

founded on a religious view of family property and family descent.

Eugenics deal with what is more valuable than money or lands, namely the

heritage of a high character, capable brains, fine physique, and vigour;

in short, with all that is most desirable for a family to possess as a

birthright. It aims at the evolution and preservation of high races of

men, and it as well deserves to be strictly enforced as a religious

duty, as the Levirate law ever was.

3. EXOGAMY is, or has been, as widely spread as the opposed rule of

endogamy just described. It is the duty enforced by custom, religion,

and law, of marrying _outside_ one’s own clan, and is usually in force

amongst small and barbarous communities. Its former distribution is

attested by the survival in nearly all countries, of ceremonies based on

“marriage by capture.” The remarkable monograph on this subject by the

late Mr. McLennan is of peculiar interest. It was one of the earliest,

and perhaps the most successful, of all attempts to decipher prehistoric

customs by means of those now existing among barbarians, and by the

marks they have left on the traditional practices of civilised nations,

including ourselves. Before his time those customs were regarded as

foolish, and fitted only for antiquarian trifling. In small fighting

communities of barbarians, daughters are a burden; they are usually

killed while infants, so few women are found in a tribe who were born in

it. It may sometimes happen that the community has been recently formed

by warriors who brought no women, and who, like the Romans in the old

story, could only supply themselves by capturing those of neighbouring

tribes. The custom of capture grows; it becomes glorified because each

wife is a living trophy of the captor’s heroism, and marriage within the

tribe soon comes to be considered an unmanly, and at last a shameful

act. The modern instances of this among barbarians are very numerous.

4. AUSTRALIAN MARRIAGES. The following is a brief clue, and apparently a

true one, to the complicated marriage restrictions among Australian

bushmen, which are enforced by the penalty of death, and which seem to

be partly endogamous in origin and partly otherwise. The example is

typical of those of many other tribes that differ in detail.

A and B are two tribal classes; 1 and 2 are two other and _independent_

divisions of the tribe (probably by totems). Any person, taken at

random, is equally likely to have either letter or either numeral by

birthright, and his or her numeral and letter are well known to all the

community. Hence the members of the tribe are sub-classed into four

sub-divisions, A1, A2, B1, B2. The rule is that a man may marry those

women only, whose letter and numeral are both different to his own. Thus

A1 can marry only B2, the other three sub-divisions A1, A2, and B1 being

absolutely barred to him. As to the children, there is a difference of

practice in different parts: in the cases most often described, the

child takes its father’s letter and its mother’s numeral, which

determines class by paternal descent. In other cases the arrangement

runs in the contrary way, that is by maternal descent.

The cogency of this rule is due to custom, religion and law, and is so

strong that nearly all Australians would be horrified at the idea of

breaking it. If anyone dared to do so, he would probably be clubbed to

death.

Here then is another restriction to the freedom of marriage which might

with equal propriety have been applied to the furtherance of some form

of Eugenics.

5. TABOO. The survival of young animals largely depends on their

inherent timidity, their keen sensitiveness to warnings of danger by

their parents and others, and to their tenacious recollection of them.

It is so with human children, who are easily terrified by nurses’ tales

and thereby receive more or less durable impressions.

A vast complex of motives can be brought to bear upon the naturally

susceptible minds of children, and of uneducated adults who are mentally

little more than big children. The constituents of this complex are not

sharply distinguishable, but they form a recognisable whole that has not

yet received an appropriate name, in which religion, superstition,

custom, tradition, law, and authority all have part. This group of

motives will for the present purpose be entitled “immaterial” in

contrast to material ones. My contention is that the experience of all

ages and all nations shows that the immaterial motives are frequently

far stronger than the material ones, the relative power of the two being

well illustrated by the tyranny of taboo in many instances, called as it

is by different names in different places. The facts relating to taboo

form a voluminous literature, the full effect of which cannot be

conveyed by brief summaries. It shows how, in most parts of the world,

acts that are apparently insignificant, have been invested with ideal

importance, and how the doing of this or that has been followed by

outlawry or death, and how the mere terror of having unwittingly broken

a taboo, may suffice to kill the man who broke it. If non-eugenic unions

were prohibited by such taboos, none would take place.

6. PROHIBITED DEGREES. The institution of marriage, as now sanctified by

religion and safeguarded by law in the more highly civilised nations,

may not be ideally perfect, nor may it be universally accepted in future

times, but it is the best that has hitherto been devised for the parties

primarily concerned, for their children, for home life, and for society.

The degrees of kinship within which marriage is prohibited, is with one

exception quite in accordance with modern sentiment, the exception being

the disallowal of marriage with the sister of a deceased wife, the

propriety of which is greatly disputed and need not be discussed here.

The marriage of a brother and sister would excite a feeling of loathing

among us that seems implanted by nature, but which further inquiry will

show, has mainly arisen from tradition and custom.

We will begin by giving due weight to certain assigned motives. (1)

Indifference and even repugnance between boys and girls, irrespectively

of relationship, who have been reared in the same barbarian home. (2)

Close likeness, as between the members of a thorough-bred stock, causes

some sexual indifference: thus highly bred dogs lose much of their

sexual desire for one another, and are apt to consort with mongrels. (3)

Contrast is an element in sexual attraction which has not yet been

discussed quantitatively. Great resemblance creates indifference, and

great dissimilarity is repugnant. The maximum of attractiveness must lie

somewhere between the two, at a point not yet ascertained. (4) The harm

due to continued interbreeding has been considered, as I think, without

sufficient warrant, to cause a presumed strong natural and instinctive

_repugnance_ to the marriage of near kin. The facts are that close and

continued interbreeding invariably does harm after a few generations,

but that a single cross with near kinsfolk is practically innocuous. Of

course a sense of repugnance might become correlated with any harmful

practice, but there is no evidence that it is _repugnance_ with which

interbreeding is correlated, but only _indifference_; this is equally

effective in preventing it, but is quite another thing. (5) The

strongest reason of all in civilised countries appears to be the earnest

desire not to infringe the sanctity and freedom of the social relations

of a family group, but this has nothing to do with instinctive sexual

repugnance. Yet it is through the latter motive alone, so far as I can

judge, that we have acquired our apparently instinctive horror of

marrying within near degrees.

Next as to facts. History shows that the horror now felt so strongly did

not exist in early times. Abraham married his half-sister Sarah, “she is

indeed the sister, the daughter of my father, but not the daughter of my

mother, and she became my wife.” (Gen. XX. 12). Amram, the father of

Moses and Aaron, married his aunt, his father’s sister Jochabed. The

Egyptians were accustomed to marry sisters. It is unnecessary to go

earlier back in Egyptian history than to Ptolemies, who, being a new

dynasty, would not have dared to make the marriages they did in a

conservative country, unless popular opinion allowed it. Their dynasty

includes its founder Ceraunus, who is not numbered; the numbering begins

with his son Soter, and goes on to Ptolemy XIII., the second husband of

Cleopatra. Leaving out her first husband, Ptolemy XII., as he was a mere

boy, and taking in Ceraunus, there are thirteen Ptolemies to be

considered. Between them, they contracted eleven incestuous marriages,

eight with whole sisters, one with a half-sister, and two with nieces.

Of course the object was to keep the royal line pure, as was done by the

ancient Peruvians. It would be tedious to follow out the laws enforced

at various times and in the various states of Greece during the

classical ages. Marriage was at one time permitted in Athens between

half-brothers and half-sisters, and the marriage between uncle and niece

was thought commendable in the time of Pericles, when it was prompted by

family considerations. In Rome the practice varied much, but there were

always severe restrictions. Even in its dissolute period, public opinion

was shocked by the marriage of Claudius with his niece.

A great deal more evidence could easily be adduced, but the foregoing

suffices to prove that there is no instinctive repugnance felt

universally by man, to marriage within the prohibited degrees, but that

its present strength is mainly due to what I call immaterial

considerations. It is quite conceivable that a non-eugenic marriage

should hereafter excite no less loathing than that of a brother and

sister would do now.

7. CELIBACY. The dictates of religion in respect to the opposite duties

of leading celibate lives, and of continuing families, have been

contradictory. In many nations it is and has been considered a disgrace

to bear no children, and in other nations celibacy has been raised to

the rank of a virtue of the highest order. The ascetic character of the

African portion of the early Christian Church, as already remarked,

introduced the merits of celibate life into its teaching. During the

fifty or so generations that have elapsed since the establishment of

Christianity, the nunneries and monasteries, and the celibate lives of

Catholic priests, have had vast social effects, how far for good and how

far for evil need not be discussed here. The point which I wish to

enforce is the potency, not only of the religious sense in aiding or

deterring marriage, but more especially the influence and authority of

ministers of religion in enforcing celibacy. They have notoriously used

it when aid has been invoked by members of the family on grounds that

are not religious at all, but merely of family expediency. Thus, at some

times and in some Christian nations, every girl who did not marry while

still young, was practically compelled to enter a nunnery from which

escape was afterwards impossible.

It is easy to let the imagination run wild on the supposition of a

whole-hearted acceptance of Eugenics as a national religion; that is of

the thorough conviction by a nation that no worthier object exists for

man than the improvement of his own race; and when efforts as great as

those by which nunneries and monasteries were endowed and maintained

should be directed to fulfil an opposite purpose. I will not enter

further into this. Suffice it to say, that the history of conventual

life affords abundant evidence on a very large scale, of the power of

religious authority in directing and withstanding the tendencies of

human nature towards freedom in marriage.

CONCLUSION.—Seven different subjects have now been touched upon. They

are monogamy, endogamy, exogamy, Australian marriages, taboo, prohibited

degrees and celibacy. It has been shown under each of these heads how

powerful are the various combinations of immaterial motives upon

marriage selection, how they may all become hallowed by religion,

accepted as custom and enforced by law. Persons who are born under their

various rules live under them without any objection. They are

unconscious of their restrictions, as we are unaware of the tension of

the atmosphere. The subservience of civilised races to their several

religious superstitions, customs, authority, and the rest, is frequently

as abject as that of barbarians. The same classes of motives that direct

other races, direct ours, so a knowledge of their customs helps us to

realise the wide range of what we may ourselves hereafter adopt, for

reasons that will be as satisfactory to us in those future times, as

theirs are or were to them, at the time when they prevailed.

Reference has frequently been made to the probability of Eugenics

hereafter receiving the sanction of religion. It may be asked, “how can

it be shown that Eugenics fall within the purview of our own.” It

cannot, any more than the duty of making provision for the future needs

of oneself and family, which is a cardinal feature of modern

civilization, can be deduced from the Sermon on the Mount. Religious

precepts, founded on the ethics and practice of olden days, require to

be reinterpreted to make them conform to the needs of progressive

nations. Ours are already so far behind modern requirements that much of

our practice and our profession cannot be reconciled without

illegitimate casuistry. It seems to me that few things are more needed

by us in England than a revision of our religion, to adapt it to the

intelligence and needs of the present time. A form of it is wanted that

shall be founded on reasonable bases and enforced by reasonable hopes

and fears, and that preaches honest morals in unambiguous language,

which good men who take their part in the work of the world, and who

know the dangers of sentimentalism, may pursue without reservation.

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