Chapter 3

"If all the worldShould in a fit of temp'rance feed on pulse,"

"If all the world

Should in a fit of temp'rance feed on pulse,"

and, according to Neanthes, quoted byIamblichus in his life of Pythagoras, the prohibition extended even to treading down the growing bean; for, he informs us, Pythagoras inculcated the virtue of chastity so successfully that when ten of his disciples, being attacked, might have escaped by crossing a bean-field, they died to a man rather than tread down the beans: and when another disciple, who was shortly afterwards captured and brought before Dionysius, was bidden by that tyrant to explain the strange conduct of his fellows, he replied, "They suffered themselves to be put to death rather than tread beans under foot; and I will rather tread beans under foot than reveal the reason."

This is sufficiently mysterious; and the Pythagorean symbol can scarcely be said to explain the Italian prohibition. But though Plutarch has committed the error of definingignotum per ignotius, he has nevertheless been led by a sound instinct, in comparing the two things together. Mr. Frazer (inFolk-Lore, i. 145ff.) has abundantly shown that many of the symbols of Pythagoras are but maxims of folk-lore which have gathered round the name of that mysterious philosopher. It would be nothing strange, then, if a piece of Italianfolklore should be fathered on Pythagoras, for Magna Graecia was the home of Pythagoreanism.

Now the folk has at all times been fond of discovering resemblances between plants and other objects, as the common names of flowers, &c., sufficiently show. Further, according to popular notions, these resemblances do not exist for nothing: between the plant and the object it resembles there exists an occult but potent relation. The "Doctrine of Signatures" was a quasi-scientific organisation of this branch of folk-lore. "Turmeric has a brilliant yellow colour, which indicates that it has the power of curing jaundice; for the same reason, poppies must relieve diseases of the head," to take a couple of instances from thePharmacologiaof Dr. Paris (p. 43). The ancient Romans who substituted an offering of poppy-heads for a sacrifice of human beings were not practising a childish cheat on the gods: on all sound principles of folk-lore they were offering a perfectly valid equivalent.

When then we find Porphyry, in his life of Pythagoras (§ 43), saying that Pythagoras bade his followers "abstain from beans as from human flesh," we may reasonably infer thatbeans were regarded, in the folk-lore of the day, as resembling some part of the human body, and as having a mysterious affinity with it. This conjecture receives some support from the fact that, whereas Porphyry explains all the other "symbols" as allegorical statements of various moral and civic duties, he explains this by a piece of folk-lore of the same kind as the modern popular belief that a hair kept in water will turn into an eel. The exact part of the body to which beans were supposed to bear a resemblance may be difficult at this distance of time to determine. The passage in Porphyry gives some hints.[95]

A more interesting fact is that, according to Herodotus, ii. 37, the Egyptians had the same aversion to eating beans, and that Egyptian priests might not even look at a bean, so uncleanwas it considered. From this passage it is usually inferred that Pythagoras obtained this piece of his doctrine from the Egyptians; and V. D. Link (Die Urwelt, 225) sought to support the inference by the suggestion that the prohibition originally had reference to the sacred Egyptian bean, and was subsequently extended to the common bean (faba vulgaris). Pursuing this line of thought, we are at once struck by the fact that the sacred Egyptian bean (nelumbium speciosum) is a lotus; and the lotus, both as a plant and as a symbol,[96]carries our thoughts to India. We thus seem to see a piece of folk-lore migrating, along with the plant to which it was attached, from India to Egypt, from Egypt to Europe.

But when did this interesting migration take place? The prohibition was known pretty early in Sicily, for it makes its appearance in the fragments of Empedocles, who was born at Agrigentum,B.C.490. We can, however, trace it back much earlier in Italy. There it dates from pre-historic times, for it was one of the taboos laid upon the flamen Dialis. And theidea that beans were human flesh is implied in the part which they played in the funeral ceremonies of the primitive Italians. That part is remarkably interesting. Plutarch tells us that "the solemne suppers and bankets at funerals for the dead were usually served with pulse above all other viands." This is a strange contrast to the aversion shown otherwise for eating beans, and it cries aloud for explanation.

Mr. E. S. Hartland, inFolk Lore, III. ii., has put forward the theory that the practice of sin-eating is the transformed survival of a savage custom of eating deceased kinsmen. Even those who dissent from his conclusion will not be able to deny that the custom does exist among savages, and that the object of cannibalism is to secure to the eater the courage, cunning, strength, &c., of the person eaten; nor will it be denied that on the first movement from savagery a tendency would manifest itself to substitute for the corpse anything which, according to the canons of savage logic, might be regarded as an equivalent substitute. The Italians, regarding beans as human flesh, might, we may conjecture, substitute beans; as the Bavarian peasant substitutesLeichen-nudeln. Before, however, we canregard this as anything more than a guess, we want proof that the Italians did really look upon the beans which they ate at funeral feasts as representative of the deceased. That proof is forthcoming, I submit, in the belief mentioned by Pliny (N. H., xviii. 30. 2) that "the spirit of the deceased was in the bean" (mortuorum animæ sint in ea,i.e., in thefaba). And inasmuch as the law forbade them that would be chaste to eat pulse, it seems probable that the object of eating beans at funeral banquets was to convey the propagating powers of the deceased to his kinsmen.

If then the superstition about the bean was borrowed by the Italians, it must have been borrowed in primitive times; and we must think that the belief reached the Italians at the same time as the cultivation of the bean itself spread from its original (unknown) home. But, if we may trust comparative philology, the bean was probably known to the European Aryans before they divided into separate peoples, such as Slavs, Italians, &c. And thus we can catch glimpses of this piece of folk-lore on its travels in pro-ethnic times. But this, I confess, I find it rather hard to believe. Of course, if therewere channels of communication by which the plant itself could travel in that "time long past," then by those same channels the superstition might be conveyed. But on the other hand, if one people could see a resemblance between the bean and some part of the human body, so might another. We do not imagine that because some of the taboos laid on the Mikado were the same as some laid on the flamen Dialis, they were therefore borrowed. Why, then, should we resort to the hypothesis of borrowing to account for the fact the flamen of pre-historic times was forbidden, exactly in the same way as the priests of ancient Egypt, to see or name a bean?

Folk-lorists will naturally inquire whether any traces of the conceptions and customs we have been examining can be found in fairy-tales.

I may therefore conclude by pointing out that in a Lithuanian tale, published and translated into German in theLitauische Volkslieder und Märchenof A. Leskien and K. Brugman (p. 202 and p. 471), the bean has the same "signature" as it had in ancient Italy. Another story in the same collection (pp. 363-371 and 490-494) should also be noticed here: a maiden is giventhe heart of a dead man to eat, and two hours afterwards she bore a son, who could speak and run the moment he was born.

XI.Aryan Marriage.

In theRomane Questions[97]Plutarch has preserved for us various marriage customs, which raise the whole question, not perhaps of human marriage, but certainly of Aryan marriage. Has monandry always been the prevailing form among the Aryan-speaking peoples? Among those peoples has the family, as far as we can see or guess, from the beginning been patriarchal and agnatic?

As a starting-point for the discussion of this question, two propositions may be laid down as broadly true. The first is, that at some period or other, all Aryans have been in the habit of obtaining their wives (or some of their wives) by capture and by purchase. This fact may ultimately imply scarcity of native women, female infanticide, polyandry, and kinship through the female line; or it may prove to be perfectly compatible with a patriarchal andagnatic system. But it is a fact, and a fact of the first importance for this discussion. The second proposition that may safely be made is, that in historical times at least, the patriarchal form of family has always been the prevailing form amongst Aryan nations. The exceptions may be real, or they may be due to faulty observation; they may be of the highest importance, as being the sole indications of a prior and very different form of family life, or they may be merely local, transient departures from the normal patriarchal form, and so be insignificant or deceptive; but in any case, they are relatively so few as to leave it a practically true statement to say that the patriarchal family has been normal among the Aryans in historic times.

The evidence of the existence of marriage by capture is furnished by folk-lore. It is not necessary, nor is this the place to review that evidence; but the survivals of this form of marriage which are recorded in theRomane Questionsmust be mentioned. The Romans, Plutarch says (R. Q., 29), "would not permit the new wedded bride to passe of herself over the door-sill or threshold, when she is brought home toher husband's house, but they that accompanie her must lift her up between them from the ground, and so convey her in."[98]That the Romans themselves were dimly conscious of the real origin of this custom is implied in the first solution suggested by Plutarch, viz., that the ceremony was "in remembrance of those first wives whom they ravished perforce from the Sabines;" and Rossbach, in his great work on Roman marriage,[99]sees in the custom a survival from times when the bride, captured by force, was conveyed against her will into the house (or den) of her captor. Parallels to the Roman custom are to be found elsewhere. Among the modern Greeks the bride is lifted over the threshold, as it would be most unlucky if she touched it in crossing.[100]It is the most important wedding-guest among the Servians,[101]the bride's nearest relation in Lorraine,[102]who carries her in his arms from the waggon into her new home. Among the North Frisians the"bride-lifter" (bridlefstr) is a regular wedding-official.[103]The ceremony seems to have been known to the ancient Hindoos also.[104]The Finnish-Ugrians, whether they borrowed or lent, or independently developed the custom, uniformly practise it.[105]It is further noteworthy that the Finnish-Ugrians agree with the Romans, the Hindoos, and the Russians in this, viz., that the bride is not only carried over the threshold by some of the bridal party (not by the bridegroom) but is then caused by them "to sit upon a fliece of wooll."[106]The meaning and object of this strange proceeding were quite unknown to the Romans, who practised it in Plutarch's time, as they are to the Finnish-Ugrians and Russians who still observe the custom. Rossbach rightly compares the ancient Roman custom of making theflamenandflaminica, when marriedper farreationem, sit upon the fleece of the sheep that was slaughtered during the wedding ceremonies;[107]he then refers to theRoman practice of sitting for a short time after prayer in silent meditation, and this he thinks explains the custom in question. But surely it leaves unexplained just that which requires explanation. Granted, that the Romans showed more reverence than, say the Scots whom Dr. Boyd can remember; still, are we to imagine them so rapt into "the mind's internal heaven" that they could sit down in the grease and the gore of a freshly-slaughtered sheep's fell, "nor heed nor see what things these be"? Why did they not sit down somewhere else?

A possible answer to this question may be found in the following considerations. Many savages consider themselves peculiarly liable on their wedding-day to the attacks of evil spirits. The Hindoos and the Finnish-Ugrians unanimously regard the seating of the bride on the fleece as the right time for exorcising evil spirits and purifying the bride: the Hindoos recite an incantation, the Esthonians clash daggers over her head, for iron is generally dreaded by spirits. It is, therefore, an easy inference that the fleece itself had purificatory powers; and, as a matter of fact, we find that the Greeks, at any rate, regarded a sheepskinin this light, for in the preliminary ceremonies of the Eleusinia was a purificatory rite which was known as the Zeus-fleece.[108]In the collection of the Hôtel Lambert[109]is a red-figured vase bearing a representation of this rite, in which the person purified is represented as crouching on the fleece.

In days when marriage by capture was real, and not merely symbolical, it was highly important that a strange woman should, immediately on entering the house, be, so to speak, spiritually disinfected, lest she should introduce unwelcome spirits into her new home; or, in the intimate relations which were to subsist between her and her captor,[110]should bring him into the power of strange and hostile gods. Hence the close adhesion of the ceremony of the fleece,long after its meaning was forgotten, to that of lifting the bride over the threshold.

But it was necessary not merely to detach the strange woman from her own gods, she must also be introduced to the gods of her new home. This introduction survived in the Roman custom, wherebynew wedded wives are bidden to touch fire and water(R. Q.1).[111]That this custom goes back to the time when wives were captured is indicated by the words "are bidden:" the force which was at first necessarily used survives in this gentle compulsion. Parallels to this custom are forthcoming: the Hindoo bride, according to the Kâuçikasûtra (77. 16), was led thrice round the hearth in the bridegroom's house. Exactly the same ceremony not only was practised by the ancient Teutons, but is still observed in some places in North Germany and in Westphalia.[112]The Esthonians and Wotjaks still honour the custom.[113]The first thing a Servianbride has to do on entering her new home is to mend the fire,[114]and in ancient Greece she was taken at once to the hearth. It need hardly be said that the hearth is the abode of the house-spirit and the centre of the family worship. At Rome, we find from Festus,[115]the bride was also sprinkled with water. In Sardinia,[116]her mother-in-law empties a glass of water over her. Amongst the ancient Hindoos[117]this was the bridegroom's duty; with the Servians it is the function of theDjewer.[118]That this sprinkling was originally an introduction of the strange woman to the local water-spirit seems indicated by the fact that amongst the Servians the sprinkling is performed at the well, in the Unterkrain at the burn,[119]in Albania[120]at the village-spring, while in modern Greece the bride casts offerings into the spring.[121]

The conventionally extravagant lamentation which was required of the Roman bride[122]isregarded by Rossbach (p. 329) as a survival of marriage by capture, and may be paralleled amongst many Aryan nations: with the Hindoos it was part of the officially prescribed programme;[123]in the Oberpfalz it is obligatory; in Bohemia and in Russia it is required by public opinion.[124]

The evidence of folk-lore (so far as it is called for by theRomane Questions) that the Aryans obtained wives by capturing the women of other households or family groups than their own, has now been stated. It does not suffice to show that an Aryan was forbidden to marry a woman of his own household; but a wider survey of early Aryan wedding-customs would bring out this important fact, that however other parts of the ceremony vary, there is one which is always present, and which may be regarded as essential—that is thedomum deductio, the bringing-home of the bride; and from this fact we may fairly draw the conclusion that normally, and—so strong is custom—probably uniformly, the bride and the bridegroom belonged to different households, and that the bride came to live in the home of the bridegroom.

Marriage by purchase does not happen to be mentioned in theRomane Questions, nor is it necessary to prove what is universally admitted. All that need be remarked here is that purchase was not necessarily preceded by a state of things in which capture prevailed; frequently it may have been a peaceable remedy for the grievances caused by capture, but quite as often it may have been practised side by side with capture from the beginning. Further, the purchase, like the capture, of wives implies that husband and wife belonged to different households; and purchase indicates that the wife thus bought was the property of the husband, or at least that she was subject to him.

Let us now turn to the evidence showing that the family was patriarchal and agnatic. The evidence is furnished by the comparative study of law, especially the law regulating the order in which the relatives of a dead man shall succeed to his property. The order of succession prescribed by the earliest legal codes is strikingly similar among all the Aryan peoples; first, the deceased's male descendants to the third generation (his sons, grandsons, and great-grandsons); next, the male descendants of thedeceased's father to the third generation (i.e., the deceased's brothers, nephews, and grand-nephews); then the male descendants of the deceased's grandfather to the third generation (i.e., his uncles, cousins, and their children); and finally, the male descendants of his great-grandfather to the third generation (i.e., his great-uncles, his first cousins once removed, and his second cousins once removed). Beyond these degrees, kin was not counted; and if no heir were forthcoming within them, the property went, amongst the Hindoos, to those of the same name as the deceased; amongst the Romans, to the members of hisgens; in Crete, to the village community. What is the origin of this unanimous and well-marked distinction between the Near and the Remote Kin? Why were theanchisteis, "the nearest relations," as the Greeks technically named them, so sharply distinguished from the others?

To begin with, it is clear that the distinction, being common to all the Aryans, was not developed subsequently to their dispersion, but is pre-historic—indeed, pro-ethnic. Hence it follows that the distinction was not the work of any legislator or of any individual; it could nothave been a law enacted by a lawgiver and enforced by the State under pains and penalties, for the simple reason that the Aryans, previous to their dispersion, were not organised into a State, and had no government to issue or execute laws. But before Law, Custom was, and "Kin and Custom go together and imply each other, as do Law and State. Law is the enactment of the State—Custom is the habit of the Kin. And as Custom precedes Law, so the State is preceded by kin or sib associations. The earliest form of the State is modelled on that of the sib associations out of which it is developed, and the first laws promulgated by the State are but the old customs committed to writing."[125]

In what pro-ethnic Aryan custom, then, are we to seek the origin of the clear and deep-cut line between the Near and the Remote Kin? The answer is furnished by what is known among the Slavonians as the house community, and to Anglo-Indian lawyers as "the joint undivided family." As it exists now in India, the joint undivided family consists, or mayconsist, of the sons, grandsons, and great-grandsons of a man (deceased), who, on the death of their common ancestor, do not separate, but continue to live on the undivided estate and worship their deceased ancestor as their house-spirit. The family, as defined by the Judicial Committee of the Privy Council,[126]is "joint in food, worship, and estate."

Now, the relatives whom the earliest Aryan codes, the laws of the Twelve Tables, the laws of Solon, of Menu, the Gortyn Code, &c., specify as a man's heirs-at-law are in every case precisely those relatives who belonged, or might at some time have belonged, to the same joint undivided family as the deceased. It is worth while to note that at different times a man might belong to four different joint undivided families: he might be born into a family which still united in worshipping the spirit of his great-grandfather: and thus his cousins, his first cousins once removed, and his second cousins once removed, would dwell in the same household with him. His grandfather might then die and become a house-spirit: in that event, his grand-uncle (and descendants) would haveto set up a family of his own, for they only can belong to a joint undivided family who are descended from a common house-father. Now, my grand-uncle, being the brother of my grandfather, is not descended from my grandfather, therefore cannot worship his spirit, therefore cannot belong to the joint undivided family which worships my grandfather's spirit. On the other hand, the family, of which my (deceased) grandfather is the house-spirit, includes my grandfather's descendants to the third generation,i.e., includes not only my cousins, but also their sons. This (cousins' sons) is the limit of the second joint undivided family to which it is possible for a man to belong. Thirdly, when my father becomes a house-spirit, and is worshipped by his children's children, I dwell in the same household as my nephews and grand-nephews. Finally, when I am gathered to my fathers, I dwell, in the spirit, with my sons, grandsons, and great-grandsons.

Here we obviously have the key to the order of succession prescribed by the earliest Aryan codes: my own descendants (if any) are called first, because they constitute the joint undivided family, with which, at the time ofdying, I am presumably dwelling. My father's descendants come next, because that was the family I had previously belonged to; and on the same principle my grandfather's descendants, and then those of my great-grandfather were called.

So long as the joint undivided family was a living institution, so long there was no need (as there was no thought) of specifying who a man's heirs were, and so long a man could be in no doubt as to who his Near Kin were—they were those who had been brought up in the same family as himself. It was only when this unwieldy form of family came to be disintegrated by the advance of civilisation that it became necessary to specify the order of succession, and to determine who were a man's Near Kin; and, as we have seen, the earliest laws on this subject are but the old customs reduced to writing.

Two facts of importance in the history of Aryan marriage have now been shown. The first, inferred from thedomum deductioand from the existence of marriage by capture and by purchase, is that amongst the undispersed Aryans a man customarily abstained from marrying a woman belonging to his own family group.The second is that the family groups in which the Aryans lived, if not originally, certainly for some time before their dispersion, were joint undivided families. The Aryan was averse to marrying women of his Near Kin; the difficult question now arises, whether he was equally averse to marrying into his Remote Kin? The "prohibited degrees" of historic times do not help us much in answering this question. The Athenians had lost the Aryan aversion to marriages within the near kin: they married their cousins, and even half-sisters. There is no evidence to show that the Romans ever abstained from marrying their Remote Kin. Rossbach maintains that the prohibition extended only to first cousins; Klenze, Walter, Burchardy, Göttling, and Gerlach make it go as far as the extreme limit of the Near Kin,i.e., to second cousins once removed—no writer on Roman law or marriage supports a wider prohibition; and thejus osculi[127](which, by the way, was accorded by men to men as well as by women to men) extended only to the near kin. The Hindoos, again, were averse to marriage between any persons of the same name.

Does the Hindoo system come down from pro-ethnic times, or is it a development peculiar among Aryan nations to the Hindoos? Many savages have a much wider circle of prohibited degrees than civilised peoples possess, and amongst civilised peoples themselves the number of prohibited degrees has even in historic times diminished. We thus seem to get a sort of law of diminishing degrees, which would point to the Hindoo system as that which was known to the pro-ethnic Aryans. But though some savages have more prohibited degrees than civilised men have, other savages have few or none. The downward movement, therefore, from the maximum to the minimum number of prohibited degrees which is observable in historic times must have been preceded in pre-historic ages by an upward movement from the minimum to the maximum; and, as far as the evidence at present goes, though the upward movement may, in pro-ethnic times, have proceeded as far as the Remote Kin, it may equally well only have reached to the limits of the Near Kin; while, after the Aryan dispersion, the movement may have continued upwards amongst the Hindoos, downwards amongst the Athenians,and, for a long time, have ceased to move in any direction amongst the conservative Romans.

A more important point to notice is that, if we believe the Hindoo system to date from pro-ethnic times, we must also assume that the Hindoo system of naming is pro-ethnic,i.e., we must assume that each Aryan had two names, one distinguishing him personally from other people, the other indicating what kin he belonged to; and in this event, the Near and the Remote Kin must, in pro-ethnic times, have had a common name. There is, however, very little evidence to show that this was the case: gentile names are found among the Hindoos and the Romans alone of Aryan peoples. It is, of course, possible that, before the dispersion, the Aryans had gentile names, and that, after the dispersion, all the Aryans, with the exception of the Romans and the Hindoos, lost them entirely. On the other hand, if there was a time when gentile names had not yet been invented, if they have had a history and growth, we must consider it as at least possible that gentile names had not been evolved at the time of the dispersion, and were only developed subsequently by the Romans and Hindoos.

Whether the undispersed Aryans had gentile names, and at the same time an aversion to marriages between persons of the same name, is a question on which it were vain to pronounce confidently. We may more safely consider both these equally possible alternatives, together with the consequences which flow from each. Let us assume that marriage was, amongst the Aryans as amongst the Hindoos, prohibited between persons of the same gentile name: is there anything in the social organisation presupposed by this prohibition incompatible with the patriarchal system? According to Mr. D. M‘Lennan there is: not only are there "numerous societies of which the patriarchal theory does not even attempt to give any account," but "in the societies upon contemplation of which it was formed, a most serious difficulty for it is presented by the tribes, which consist of several clans, each clan considered separate in blood from all the others. The patriarchal theory, of course, involves that the clans are all of the same blood."[128]Mr. M‘Lennan's difficulty seems to be this: where inheritance (of family name, property, sacra, &c.) is confined to themale line, the descendants of a common ancestor must all have the same family or gentile name; persons having different names cannot be descended from the same ancestor—that is to say, differentgentesor clans cannot have a common origin. A tribe, therefore, which consists of several clans cannot consist of descendants of a common ancestor. Yet, these clans believe they have an ancestor, however remote, in common. If their belief is incorrect (if thegenteshave not a common origin), how did the error arise? If, on the other hand, the differentgentesof the same tribe have a common origin, how came they to have different names?

The source of this difficulty plainly is the assumption that the original ancestor of the tribe had a family name, which was inherited by all his descendants. It is impossible to disprove or to prove this assumption. We may, however, note that the Teutons (according to Dr. Taylor[129]) rejoiced in only one name a-piece. An Athenian added to his own name his father's. And—to set assumption against assumption—we may conjecture that as patronymics are formed from personal names, so gentile nameswere developed out of patronymics. At first, a man's sons bore nothing in their names to indicate from what father they were sprung. In course of time the sons of Anchises were known as Anchisiadæ; and as long as the family group consisted only of parents and children, this system of nomenclature would suffice. It might even continue into times when the family group included three generations: Iulus, as well as his father, Æneas, might be an Anchisiades. And here we may note that if all the members of a joint undivided family bore the surname Anchisiades, an aversion to marriage in the near kin would forbid the marriage of any two Anchisiadæ. When, however, owing to natural growth, the joint undivided family of Anchises becomes so large that it is necessary for his younger (married) sons to go out into the world and start joint undivided families of their own, leaving Æneas and his children in possession of the old home, it is obvious that persons who once had belonged to the same joint undivided family, and therefore had possessed the same family name, and had been prohibited to intermarry, would now belong to different families,and (being named after the respective house-fathers of the newly formed families) would have different patronymics, and would be allowed to marry persons whom previously they were forbidden to wed. In these circumstances an extension both of prohibited degrees and of the family name might very naturally be the ultimate result. Iulus, who for years had worshipped Anchises as house-spirit, and had consequently been an Anchisiades, might, when Æneas became his house-spirit, come to be known as an Ænæades, but on the other hand the old patronymic might stick to him and to his children for ever. In the same way, the aversion to marrying women who belonged to the same joint undivided family might cease when they ceased to belong to the same family, but it might continue. Hence a continual tendency to extend the family name, and to enlarge the number of prohibited degrees.

The transition from the system of naming by patronymics to that of gentile names would not be made in a day or in a generation, and during the transition the usage would fluctuate: the descendants of Æneas might choose to be known as Ænæadæ rather than as the sons of Anchises,while the children of Æneas' brothers might retain the name of Anchisiadæ, because their fathers were less distinguished than their grandfather. The period of this fluctuation in usage may be assumed to have been long enough to allow of the requisite diversity of gentile names, while the fact that the number ofgentesis always fixed, however far back they can be historically traced, shows that the fluctuation at last hardened into unyielding custom.

It was pointed out in the last paragraph but one that second cousins once removed (the great-grandchildren of a common house-father) might at one time belong to the same joint undivided family, and subsequently to different families, and that they might wish to continue, after their separation, to consider each other as relatives. Language afforded them no means of indicating their relationship, for there was no word in the original Aryan language for "cousin," much less for "second cousin." And before patronymics had been stereotyped into gentile names, it might seem that the Aryan system of naming at that time afforded no means of binding these relatives together either. But a certain Athenian custom may perhaps be taken, bothas evidence of the existence of the desire in question, and as an indication of the means taken for gratifying it. At Athens it was the custom to name a child after its grandfather; and if we assume this practice to have obtained in Aryan times, we have here a ready means for indicating the fact that second cousins are related without the aid of a gentile name; for if I and my first cousin are both named after our common grandfather, then our children (who are second cousins once removed) will have the same patronymic, and therefore will be related, and thence again prohibited to marry. This may be illustrated by an imaginary pedigree, which will also serve to show how—when once patronymics, such as "John's son," became stereotyped into true family or gentile names, such as "Johnson"—all thegentesof a tribe might be descended from a common ancestor. Thus:—

We may now sum up. The oldest form of family organisation historically traceable amongst the Aryans is that of the joint undivided family. The pro-ethnic Aryans were probably averse to marriages between members of the same joint undivided family. They may also have been averse to marriages between second cousins once removed, even when those second cousins had ceased to dwell in the same joint household. If so, then, as language afforded no term even for "cousins," the memory of the relationship may have been kept up in one of three ways. As the members of agenosat Athens had no common family name, and as they were notoriously related, not by blood, but merely by the possession of a joint-worship, so amongst the Aryans a joint-worship may have served as the mark of kinship (as it does among the Hindoos still). Or the remote kin may have been enabled to claim kindred by means of a patronymic system, which survived at Athens. Or, third, gentile names may have been developed out of patronymics even in pro-ethnic times, in which case marriage would be prohibited, as amongst the Hindoos, between all persons of the same family name.

But there is nothing in this patriarchal organisation of the family and of the tribe which compels us to assume that it was evolved out of some earlier non-patriarchal form of family. The warrant for such an assumption, if to be found, must be sought elsewhere. Let us seek. Analogy will not help us. The patriarchal system may, elsewhere in the world, have been evolved out of the matriarchate; but, as the late Mr. M‘Lennan warned us, we may not assume that marriage has everywhere had the same history. The widest survey of the various forms of human marriage (Westermarck's) that has yet been made warrants no presumption in favour of the priority of the matriarchate. If the matriarchate was a pro-ethnic Aryan institution, it is on Aryan ground that traces of it must be discovered. Such traces are said to be discernible.

There are traces amongst some Aryan peoples of the levirate. The levirate is said to indicate polyandry, and polyandry to presuppose the matriarchate. This is a perfectly legitimate line of argument, but before resorting to polyandry for an explanation of the Aryan levirate, it is worth while to inquire whether there isanything in known Aryan customs capable of supplying an explanation. According to Aryan custom, the estate of a man who leaves no son passes to the next of kin,i.e., his brother, or it may be a more distant relative. If the deceased leaves no son, but a daughter, then according to Athenian law, according to the Gortyn Code, and probably also according to Aryan custom, the next of kin (whether brother or not) must not only take the estate, but also marry the heiress, if any (whether wife or daughter of the deceased). According to the Gortyn Code, if the next of kin is married, he must put away his wife; if the heiress is already married, she must leave her husband. Now, if the obligation to raise up seed to the deceased extended only to his brothers, the Tibetan form of polyandry would afford an explanation which, whether correct or not, would, at any rate, account for all the facts. But inasmuch as the obligation is binding on all the near kin, and extends to the daughter as well as the wife of the deceased, it cannot be explained by the hypothesis of the Tibetan form of polyandry or any other form short of incest in every degree possible, not only amongst the members of thesame joint undivided family, but also with the women who have married out of that family into some other. In truth, so far frommutterrechtbeing the source of the Aryan custom, that custom bears on its face the marks of the rudest and most savage application of the agnatic theory. The provisions of the Gortyn Code which require that the next of kin shall marry the heiress, even if the marriage necessitate divorce on both sides, show that the mother was held absolutely incapable of transmitting rights—only a kinsman could do that. A devotion to the principle of agnation so strong as to over-ride the innate Aryan aversion to endogamous marriages, so strong even in the days of civilised Athens as to afford the Orestes of Æschylus with the defence that the mother whom he had killed was not of his blood, cannot be explained as a survival from times when kinship was counted exclusively through the female line. The savage practice must have its roots in some equally crude and savage theory. What the Aryan theory was we can hardly hope to discover, but we may conjecture that it was at least as barbarous as that which leads savages to eat their dead kinsmen, and Europeanpeasants to eat corpse-cakes, in the belief that thereby "the virtues and advantages of the departed ... and the living strength of the deceased passed over ... into the kinsman who consumed them, and so were retained within the kindred" (Mr. E. S. Hartland inFolk Lore, III. ii. 149). TheLeichen-nudelnof the Bavarian peasant, or the beans of the primitive Italian funeral feasts, would, when eaten, qualify the next of kin to wed the heiress and to raise up seed to the dead kinsman.

Before leaving the subject of the levirate we may note that the joint undivided family survived in historic times at Athens and in Sparta, and that in both places brothers lived on the joint-estate as well after the death as during the life of their father. In Sparta, if one only of the brothers had a son, that son was naturally heir to the joint-estate, and was considered the son of all. Amongst the Hindoos, too, Vasishtha says (xvii. 10), "If amongst many brothers who are begotten by one father, one have a son, they all have offspring through that son" (cf.Vishnu, xv. 42).[130]Now, a casualobserver, ignorant of the nature and constitution of the joint undivided family, might thus easily draw the mistaken inference that the wife of one brother was common to them all; and this may be the origin of Cæsar's statement with regard to the polyandry of the ancient Britons, and of Polybius' with regard to the Spartans. Or, again, it is possible that the joint undivided family may in these instances have given rise to this form of polyandry. It is thus not safe to infer that where polyandry is, the matriarchate must previously have been.

There remains the argument from totems. Unfortunately their very existence in Europe is questioned, and this is not the place to discuss the question. It is safer not to meddle in European totems at present. Their appearance in Greek mythology, however, may fittingly here be made the subject of a brief allusion. The value, to the anthropologist, of ancient Roman customs and beliefs is that they show us the Italians at a much lower stage of civilisation than that in which the Vedas show us the Hindoos or the Homeric poems the Greeks. They show us an Aryan people having no mythology, and they warrant the inference thatmyths were unknown to the pro-ethnic Aryans. The Greek myths about the amours of Zeus in animal form cannot go back, therefore, to Aryan times. They may be the peculiar invention of the early Greeks, or it may be that the families which claimed to be descended from animals were pre-Hellenic, and that, when they joined the immigrating Greeks, they learnt the worship of Zeus, and were aided in their conversion by identifying Zeus with their animal ancestor.

Against the instances of polyandry and the survivals of totemism, which may or may not show that the matriarchate was known to Aryan peoples, we may fairly set the evidence of comparative philology. The original Aryan language possessed terms for grandfather, father, son, and grandson; and these are just the direct ascendants and descendants who could compose a joint undivided family. There was a word for the paternal uncle, whom the children brought up in such a family would know; there is none for the maternal uncle, with whom they would not dwell. There were special designations for husband's father, husband's mother, husband's brother, husband's sister, and even for husband's brothers' wives—just the words which wouldbe required if the wife left her own family to dwell in that of her husband. There were none for wife's father, mother, &c., which would be required if the husband became a member of his wife's family. And this—which is inconsistent with the matriarchal system—is in accord with the evidence afforded by wedding customs, viz., that the wife left father and mother, and was brought, by thedomum deductio, to her husband's home.

Still, it would be as unjustifiable to say that the matriarchate could never have established itself on Aryan ground, as it is to say that the agnatic family must have been developed out of the system of "maternal rights" and "female descent." The list of prohibited degrees varies among early Aryan peoples from the minimum possible for a civilised people (as at Athens) to the maximum possible even for savages (as amongst the Hindoos). There may have been a similar variation in the organisation of the family. Nor can we say with confidence that the pro-ethnic Aryans were more uniform than their descendants. The different languages evolved out of the common Aryan tongue existed as dialects from the beginning, and in thebeginning there may have been differences in social organisation. But whereas we can certainly trace the joint undivided family and the principle of agnation as far back as modern science enables us to trace the Aryans at all, the evidence for the existence of the matriarchate at any time amongst any Aryan people is inferior both in amount and in value.

XII.Conclusion.

After writing a hundred pages as though one knew something, it is a relief to confess one's ignorance. So I shall do myself the pleasure of concluding with a list of Romane Questions which are too hard for me. Whythey kept the temple of the goddesse Horta open alwaiesI own to me is a mystery yet. I cannot even conjecturewhat is the reason that Quintus Metellus forbad to observe auspices after the moneth Sextilis, nor whythey thought Aruspices ought to have their lanterns and lampes alwaies open, nor whyobsserve they the vultures most of any other fowles in taking of presages. White, as a mourning colour, which is prescribed inR. Q.26, may be paralleled inthe customs of Gambreion, in Asia Minor, and in Argos, but the explanation is beyond me. The origin of the proverbSardi venales, and of the interesting custom associated with it (R. Q.53), can scarcely be said to be explained either by Festus (p. 322) or by Cicero (VII.Fam., 24). Nor do I know why boys were named on the ninth, whereas girls were named on the eighth day of birth. Andwhydid the Romans of old time invariably, when they went out to supper, take with themtheir young sonnes,even when they were but in their very infancie and childhood?

ROMANE QVESTIONS,

THAT IS TO SAY,

AN ENQUIRIE INTO THE

CAUSES OF MANIE FASHIONSAND CUSTOMES OF ROME.

A Treatise fit for them who are conversantin the readingof Romane histories and antiquities, givinga lightto many places otherwise obscure and hardto be understood.


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