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  But as agriculture became more complex and brought larger rewards, the stronger sex took more and more of it into its own hands.43 The growth of cattle-breeding gave the man a new source of wealth, stability and power; even agriculture, which must have seemed so prosaic to the mighty Nimrods of antiquity, was at last accepted by the wandering male, and the economic leadership which tillage had for a time given to women was wrested from them by the men. The application to agriculture of those very animals that woman had first domesticated led to her replacement by the male in the control of the fields; the advance from the hoe to the plough put a premium upon physical strength, and enabled the man to assert his supremacy. The growth of transmissible property in cattle and in the products of the soil led to the sexual subordination of woman, for the male now demanded from her that fidelity which he thought would enable him to pass on his accumulations to children presumably his own. Gradually the man had his way: fatherhood became recognized, and property began to descend through the male; mother-right yielded to father-right; and the patriarchal family, with the oldest male at its head, became the economic, legal, political and moral unit of society. The gods, who had been mostly feminine, became great bearded patriarchs, with such harems as ambitious men dreamed of in their solitude.

  This passage to the patriarchal—father-ruled—family was fatal to the position of woman. In all essential aspects she and her children became the property first of her father or oldest brother, then of her husband. She was bought in marriage precisely as a slave was bought in the market. She was bequeathed as property when her husband died; and in some places (New Guinea, the New Hebrides, the Solomon Islands, Fiji, India, etc.) she was strangled and buried with her dead husband, or was expected to commit suicide, in order to attend upon him in the other world.44 The father had now the right to treat, give, sell or lend his wives and daughters very much as he pleased, subject only to the social condemnation of other fathers exercising the same rights. While the male reserved the privilege of extending his sexual favors beyond his home, the woman—under patriarchal institutions—was vowed to complete chastity before marriage, and complete fidelity after it. The double standard was born.

  The general subjection of woman which had existed in the hunting stage, and had persisted, in diminished form, through the period of mother-right, became now more pronounced and merciless than before. In ancient Russia, on the marriage of a daughter, the father struck her gently with a whip, and then presented the whip to the bridegroom.45 as a sign that her beatings were now to come from a rejuvenated hand. Even the American Indians, among whom mother-right survived indefinitely, treated their women harshly, consigned to them all drudgery, and often called them dogs.46 Everywhere the life of a woman was considered cheaper than that of a man; and when girls were born there was none of the rejoicing that marked the coming of a male. Mothers sometimes destroyed their female children to keep them from misery. In Fiji wives might be sold at pleasure, and the usual price was a musket.47 Among some tribes man and wife did not sleep together, lest the breath of the woman should enfeeble the man; in Fiji it was not thought proper for a man to sleep regularly at home; in New Caledonia the wife slept in a shed, while the man slept in the house. In Fiji dogs were allowed in some of the temples, but women were excluded from all;48 such exclusion of women from religious services survives in Islam to this day. Doubtless woman enjoyed at all times the mastery that comes of long-continued speech; the men might be rebuffed, harangued, even—now and then—beaten.49 But all in all the man was lord, the woman was servant. The Kaffir bought women like slaves, as a form of life-income insurance; when he had a sufficient number of wives he could rest for the remainder of his days; they would do all the work for him. Some tribes of ancient India reckoned the women of a family as part of the property inheritance, along with the domestic animals;50 nor did the last commandment of Moses distinguish very clearly in this matter. Throughout negro Africa women hardly differed from slaves, except that they were expected to provide sexual as well as economic satisfaction. Marriage began as a form of the law of property, as a part of the institution of slavery.51

  CHAPTER IV

  The Moral Elements of Civilization

  SINCE no society can exist without order, and no order without regulation, we may take it as a rule of history that the power of custom varies inversely as the multiplicity of laws, much as the power of instinct varies inversely as the multiplicity of thoughts. Some rules are necessary for the game of life; they may differ in different groups, but within the group they must be essentially the same. These rules may be conventions, customs, morals, or laws. Conventions are forms of behavior found expedient by a people; customs are conventions accepted by successive generations, after natural selection through trial and error and elimination; morals are such customs as the group considers vital to its welfare and development. In primitive societies, where there is no written law, these vital customs or morals regulate every sphere of human existence, and give stability and continuity to the social order. Through the slow magic of time such customs, by long repetition, become a second nature in the individual; if he violates them he feels a certain fear, discomfort or shame; this is the origin of that conscience, or moral sense, which Darwin chose as the most impressive distinction between animals and men.1 In its higher development conscience is social consciousness—the feeling of the individual that he belongs to a group, and owes it some measure of loyalty and consideration. Morality is the cooperation of the part with the whole, and of each group with some larger whole. Civilization, of course, would be impossible without it.

  I. MARRIAGE

  The meaning of marriage—Its biological origins—Sexual communism—Trial marriage—Group marriage—Individual marriage—Polygamy—Its eugenic value—Exogamy—Marriage by service—By capture—By purchase—Primitive love—The economic function of marriage

  The first task of those customs that constitute the moral code of a group is to regulate the relations of the sexes, for these are a perennial source of discord, violence, and possible degeneration. The basic form of this sexual regulation is marriage, which may be defined as the association of mates for the care of offspring. It is a variable and fluctuating institution, which has passed through almost every conceivable form and experiment in the course of its history, from the primitive care of offspring without the association of mates to the modern association of mates without the care of offspring.

  Our animal forefathers invented it. Some birds seem to live as reproducing mates in a divorceless monogamy. Among gorillas and orangutans the association of the parents continues to the end of the breeding season, and has many human features. Any approach to loose behavior on the part of the female is severely punished by the male.2 The orangs of Borneo, says De Crespigny, “live in families: the male, the female, and a young one”; and Dr. Savage reports of the gorillas that “it is not unusual to see the ‘old folks’ sitting under a tree regaling themselves with fruit and friendly chat, while their children are leaping around them and swinging from branch to branch in boisterous merriment.”3 Marriage is older than man.

  Societies without marriage are rare, but the sedulous inquirer can find enough of them to form a respectable transition from the promiscuity of the lower mammals to the marriages of primitive men. In Futuna and Hawaii the majority of the people did not marry at all;4 the Lubus mated freely and indiscriminately, and had no conception of marriage; certain tribes of Borneo lived in marriageless association, freer than the birds; and among some peoples of primitive Russia “the men utilized the women without distinction, so that no woman had her appointed husband.” African pygmies have been described as having no marriage institutions, but as following “their animal instincts wholly without restraint.”5 This primitive “nationalization of women,” corresponding to primitive communism in land and food, passed away at so early a stage that few traces of it remain. Some memory of it, however, lingered on in divers forms: in the feeling of many nature peoples tha
t monogamy—which they would define as the monopoly of a woman by one man—is unnatural and immoral;6 in periodic festivals of license (still surviving faintly in our Mardi Gras), when sexual restraints were temporarily abandoned; in the demand that a woman should give herself—as at the Temple of Mylitta in Babylon—to any man that solicited her, before she would be allowed to marry;* in the custom of wife-lending, so essential to many primitive codes of hospitality; and in the jus primœ noctis, or right of the first night, by which, in early feudal Europe, the lord of the manor, perhaps representing the ancient rights of the tribe, occasionally deflowered the bride before the bridegroom was allowed to consummate the marriage.6a

  A variety of tentative unions gradually took the place of indiscriminate relations. Among the Orang Sakai of Malacca a girl remained for a time with each man of the tribe, passing from one to another until she had made the rounds; then she began again.7 Among the Yakuts of Siberia, the Botocudos of South Africa, the lower classes of Tibet, and many other peoples, marriage was quite experimental, and could be ended at the will of either party, with no reasons given or required. Among the Bushmen “any disagreement sufficed to end a union, and new connections could immediately be found for both.” Among the Damaras, according to Sir Francis Galton, “the spouse was changed almost weekly, and I seldom knew without inquiry who the pro tempore husband of each lady was at any particular time.” Among the Baila “women are bandied about from man to man, and of their own accord leave one husband for another. Young women scarcely out of their teens often have had four or five husbands, all still living.”8 The original word for marriage, in Hawaii, meant to try.9 Among the Tahitians, a century ago, unions were free and dissoluble at will, so long as there were no children; if a child came the parents might destroy it without social reproach, or the couple might rear the child and enter into a more permanent relation; the man pledged his support to the woman in return for the burden of parental care that she now assumed.10

  Marco Polo writes of a Central Asiatic tribe, inhabiting Peyn (now Keriya) in the thirteenth century: “If a married man goes to a distance from home to be absent twenty days, his wife has a right, if she is so inclined, to take another husband; and the men, on the same principle, marry wherever they happen to reside.”11 So old are the latest innovations in marriage and morals.

  Letourneau said of marriage that “every possible experiment compatible with the duration of savage or barbarian societies has been tried, or is still practised, amongst various races, without the least thought of the moral ideas generally prevailing in Europe.”12 In addition to experiments in permanence there were experiments in relationship. In a few cases we find “group marriage,” by which a number of men belonging to one group married collectively a number of women belonging to another group.13 In Tibet, for example, it was the custom for a group of brothers to marry a group of sisters, and for the two groups to practise sexual communism between them, each of the men cohabiting with each of the women.14 Caesar reported a similar custom in ancient Britain.15 Survivals of it appear in the “levirate,” a custom existing among the early Jews and other ancient peoples, by which a man was obligated to marry his brother’s widow;16 this was the rule that so irked Onan.

  What was it that led men to replace the semi-promiscuity of primitive society with individual marriage? Since, in a great majority of nature peoples, there are few, if any, restraints on premarital relations, it is obvious that physical desire does not give rise to the institution of marriage. For marriage, with its restrictions and psychological irritations, could not possibly compete with sexual communism as a mode of satisfying the erotic propensities of men. Nor could the individual establishment offer at the outset any mode of rearing children that would be obviously superior to their rearing by the mother, her family, and the clan. Some powerful economic motives must have favored the evolution of marriage. In all probability (for again we must remind ourselves how little we really know of origins) these motives were connected with the rising institution of property.

  Individual marriage came through the desire of the male to have cheap slaves, and to avoid bequeathing his property to other men’s children. Polygamy, or the marriage of one person to several mates, appears here and there in the form of polyandry—the marriage of one woman to several men—as among the Todas and some tribes of Tibet;17 the custom may still be found where males outnumber females considerably.18 But this custom soon falls prey to the conquering male, and polygamy has come to mean for us, usually, what would more strictly be called polygyny—the possession of several wives by one man. Medieval theologians thought that Mohammed had invented polygamy, but it antedated Islam by some years, being the prevailing mode of marriage in the primitive world.19 Many causes conspired to make it general. In early society, because of hunting and war, the life of the male is more violent and dangerous, and the death rate of men is higher, than that of women. The consequent excess of women compels a choice between polygamy and the barren celibacy of a minority of women; but such celibacy is intolerable to peoples who require a high birth rate to make up for a high death rate, and who therefore scorn the mateless and childless woman. Again, men like variety; as the Negroes of Angola expressed it, they were “not able to eat always of the same dish.” Also, men like youth in their mates, and women age rapidly in primitive communities. The women themselves often favored polygamy; it permitted them to nurse their children longer, and therefore to reduce the frequency of motherhood without interfering with the erotic and philoprogenitive inclinations of the male. Sometimes the first wife, burdened with toil, helped her husband to secure an additional wife, so that her burden might be shared, and additional children might raise the productive power and the wealth of the family.20 Children were economic assets, and men invested in wives in order to draw children from them like interest. In the patriarchal system wives and children were in effect the slaves of the man; the more a man had of them, the richer he was. The poor man practised monogamy, but he looked upon it as a shameful condition, from which some day he would rise to the respected position of a polygamous male.21

  Doubtless polygamy was well adapted to the marital needs of a primitive society in which women outnumbered men. It had a eugenic value superior to that of contemporary monogamy; for whereas in modern society the most able and prudent men marry latest and have least children, under polygamy the most able men, presumably, secured the bests mates and had most children. Hence polygamy has survived among practically all nature peoples, even among the majority of civilized mankind; only in our day has it begun to die in the Orient. Certain conditions, however, militated against it. The decrease in danger and violence, consequent upon a settled agricultural life, brought the sexes towards an approximate numerical equality; and under these circumstances open polygamy, even in primitive societies, became the privilege of the prosperous minority.22 The mass of the people practised a monogamy tempered with adultery, while another minority, of willing or regretful celibates, balanced the polygamy of the rich. Jealousy in the male, and possessiveness in the female, entered into the situation more effectively as the sexes approximated in number; for where the strong could not have a multiplicity of wives except by taking the actual or potential wives of other men and by (in some cases) offending their own, polygamy became a difficult matter, which only the cleverest could manage. As property accumulated, and men were loath to scatter it in small bequests, it became desirable to differentiate wives into “chief wife” and concubines, so that only the children of the former should share the legacy; this remained the status of marriage in Asia until our own generation. Gradually the chief wife became the only wife, the concubines became kept women in secret and apart, or they disappeared; and as Christianity entered upon the scene, monogamy, in Europe, took the place of polygamy as the lawful and outward form of sexual association. But monogamy, like letters and the state, is artificial, and belongs to the history, not to the origins, of civilization.

  Whatever form the union might tak
e, marriage was obligatory among nearly all primitive peoples. The unmarried male had no standing in the community, or was considered only half a man.23 Exogamy, too, was compulsory: that is to say, a man was expected to secure his wife from another clan than his own. Whether this custom arose because the primitive mind suspected the evil effects of close inbreeding, or because such intergroup marriages created or cemented useful political alliances, promoted social organization, and lessened the danger of war, or because the capture of a wife from another tribe had become a fashionable mark of male maturity, or because familiarity breeds contempt and distance lends enchantment to the view—we do not know. In any case the restriction was well-nigh universal in early society; and though it was successfully violated by the Pharaohs, the Ptolemies and the Incas, who all favored the marriage of brother and sister, it survived into Roman and modern law and consciously or unconsciously moulds our behavior to this day.

  How did the male secure his wife from another tribe? Where the matriarchal organization was strong he was often required to go and live with the clan of the girl whom he sought. As the patriarchal system developed, the suitor was allowed, after a term of service to the father, to take his bride back to his own clan; so Jacob served Laban for Leah and Rachel.24 Sometimes the suitor shortened the matter with plain, blunt force. It was an advantage as well as a distinction to have stolen a wife; not only would she be a cheap slave, but new slaves could be begotten of her, and these children would chain her to her slavery. Such marriage by capture, though not the rule, occurred sporadically in the primitive world. Among the North American Indians the women were included in the spoils of war, and this happened so frequently that in some tribes the husbands and their wives spoke mutually unintelligible languages. The Slavs of Russia and Serbia practised occasional marriage by capture until the last century.*25 Vestiges of it remain in the custom of simulating the capture of the bride by the groom in certain wedding ceremonies.27 All in all it was a logical aspect of the almost incessant war of the tribes, and a logical starting-point for that eternal war of the sexes whose only truces are brief nocturnes and dreamless sleep.