3. THE PAIRING FAMILY.

A certain pairing for a longer or shorter term took place even during the group marriage or still earlier. A man had his principal wife (one can hardly call it favorite wife as yet) among many women, and he was to her the principal husband among others. This fact in no small degree contributed to the confusion among missionaries, who regarded group marriage now as a disorderly community of women, now as an arbitrary adultery. Such a habitual pairing would gain ground the more the gens developed and the more numerous the classes of "brothers" and "sisters" became who were not permitted to marry one another. The impulse to prevent marriage of consanguineous relatives started by the gens went still further. Thus we find that among the Iroquois and most of the Indians in the lower stage of barbarism marriage is prohibited between all the relatives of their system of kinship, and this comprises several hundred kinds. By this increasing complication of marriage restrictions, group marriage became more and more impossible; it was displaced by the pairing family. At this stage one man lives with one woman, but in such a manner that polygamy, and occasional adultery, remain privileges of men, although the former occurs rarely for economic reasons. Women, however, are generally expected to be strictly faithful during the time of living together, and adultery on their part is cruelly punished. But the marriage-tie may be easily broken by either party, and the children belong to the mother alone, as formerly.

In this ever more extending restriction of marriage between consanguineous relations, natural selection also remains effective. As Morgan expresses it: "Marriages between gentes that were not consanguineous produced a more vigorous race, physically and mentally; two progressive tribes intermarried, and the new skulls and brains naturally expanded until they comprised the faculties of both." Thus tribes composed of gentes necessarily either gained the supremacy over the backward ones or, by their example, carried them along in their wake.

The development of the family, then, is founded on the continual contraction of the circle, originally comprising the whole tribe, within which marital intercourse between both sexes was general. By the continual, exclusion, first of near, then of ever remoter relatives, including finally even those who were simply related legally, all group marriage becomes practically impossible. At last only one couple, temporarily and loosely united, remains; that molecule, the dissolution of which absolutely puts an end to marriage. Even from this we may infer how little the sexual love of the individual in the modern sense of the word had to do with the origin of monogamy. The practice of all nations of that stage still more proves this. While in the previous form of the family the men were never embarrassed for women, but rather had more than enough of them, women now became scarce and were sought after. With the pairing family, therefore, the abduction and barter of women began—widespread symptoms, and nothing but that, of a new and much more profound change. The pedantic Scot, McLennan, however, transmuted these symptoms, mere methods of obtaining women, into separate classes of the family under the head of "marriage by capture" and "marriage by barter." Moreover among American Indians and other nations in the same stage, the marriage agreement is not the business of the parties most concerned, who often are not even asked, but of their mothers. Frequently two persons entirely unknown to one another are thus engaged to be married and receive no information of the closing of the bargain, until the time for the marriage ceremony approaches. Before the wedding, the bridegroom brings gifts to the maternal relatives of the bride (not to her father or his relatives) as an equivalent for ceding the girl to him. Either of the married parties may dissolve the marriage at will. But among many tribes, as, e. g., the Iroquois, public opinion has gradually become averse to such separations. In case of domestic differences the gentile relatives of both parties endeavor to bring about a reconciliation, and not until they are unsuccessful a separation takes place. In this case the woman keeps the children, and both parties are free to marry again.

The pairing family, being too weak and too unstable to make an independent household necessary or even desirable, in no way dissolves the traditional communistic way of housekeeping. But household communism implies supremacy of women in the house as surely as exclusive recognition of a natural mother and the consequent impossibility of identifying the natural father signify high esteem for women, i. e., mothers. It is one of the most absurd notions derived from eighteenth century enlightenment, that in the beginning of society woman was the slave of man. Among all savages and barbarians of the lower and middle stages, sometimes even of the higher stage, women not only have freedom, but are held in high esteem. What they were even in the pairing family, let Arthur Wright, for many years a missionary among the Seneca Iroquois, testify: "As to their families, at a time when they still lived in their old long houses (communistic households of several families) ... a certain clan (gens) always reigned, so that the women choose their husbands from other clans (gentes).... The female part generally ruled the house; the provisions were held in common; but woe to the luckless husband or lover who was too indolent or too clumsy to contribute his share to the common stock. No matter how many children or how much private property he had in the house, he was liable at any moment to receive a hint to gather up his belongings and get out. And he could not dare to venture any resistance; the house was made too hot for him and he had no other choice, but to return to his own clan (gens) or, as was mostly the case, to look for another wife in some other clan. The women were the dominating power in the clans (gentes) and everywhere else. Occasionally they did not hesitate to dethrone a chief and degrade him to a common warrior."

The communistic household, in which most or all the women belong to one and the same gens, while the husbands come from different gentes, is the cause and foundation of the general and widespread supremacy of women in primeval times. The discovery of this fact is the third merit of Bachofen.

By way of supplement I wish to state that the reports of travelers and missionaries concerning the overburdening of women among savages and barbarians do not in the least contradict the above statements. The division of labor between both sexes is caused by other reasons than the social condition of women. Nations, where women have to work much harder than is proper for them in our opinion, often respect women more highly than Europeans do. The lady of civilized countries, surrounded with sham homage and a stranger to all real work stands on a far lower social level than a hard-working barbarian woman, regarded as a real lady (frowa-lady-mistress) and having the character of such.

Whether or not the pairing family has in our time entirely supplanted group marriage in America, can be decided only by closer investigations among those nations of northwestern and especially of southern America that are still in the higher stage of savagery. About the latter so many reports of sexual license are current that the assumption of a complete cessation of the ancient group marriage is hardly warranted. Evidently all traces of it have not yet disappeared. In at least forty North American tribes the man marrying an elder sister has the right to make all her sisters his wives as soon as they are of age, a survival of the community of men for the whole series of sisters. And Bancroft relates that the Indians of the Californian peninsula celebrate certain festivities uniting several "tribes" for the purpose of unrestricted sexual intercourse. These are evidently gentes that have preserved in these festivities a vague recollection of the time when the women of one gens had for their common husbands all the men of another gens, and vice versa. The same custom is still observed in Australia. Among certain nations it sometimes happens that the older men, the chief and sorcerer-priests, exploit the community of women for their own benefits and monopolize all the women. But in their turn they must restore the old community during certain festivities and great assemblies, permitting their wives to enjoy themselves with the young men. A whole series of examples of such periodical saturnalia restoring for a short time the ancient sexual freedom is quoted by Westermarck:[18] among the Hos, the Santals, the Punjas and Kotars in India, among some African nations, etc. Curiously enough Westermarck concludes that this is a survival, not of group marriage, the existence of which he denies, but—of a rutting season which primitive man had in common with other animals.

Here we touch Bachofen's fourth great discovery: the widespread form of transition from group marriage to pairing family. What Bachofen represents as a penance for violating the old divine laws—the penalty with which a woman redeems her right to chastity, is in fact only a mystical expression for the penalty paid by a woman for becoming exempt from the ancient community of men and acquiring the right of surrendering to one man only. This penalty consists in a limited surrender: Babylonian women had to surrender once a year in the temple of Mylitta; other nations of Western Asia sent their young women for years to the temple of Anaitis, where they had to practice free love with favorites of their own choice before they were allowed to marry. Similar customs in a religious disguise are common to nearly all Asiatic nations between the Mediterranean and the Ganges. The penalty for exemption becomes gradually lighter in course of time, as Bachofen remarks: "The annually repeated surrender gives place to a single sacrifice; the hetaerism of the matrons is followed by that of the maidens, the promiscuous intercourse during marriage to that before wedding, the indiscriminate intercourse with all to that with certain individuals."[19] Among some nations the religious disguise is missing. Among others—Thracians, Celts, etc., in classic times, many primitive inhabitants of India, Malay nations, South Sea Islanders and many American Indians to this day—the girls enjoy absolute sexual freedom before marriage. This is especially true almost everywhere in South America, as everybody can confirm who penetrates a little into the interior. Agassiz, e. g., relates[20] an anecdote of a wealthy family of Indian descent. On being introduced to the daughter he asked something about her father, presuming him to be her mother's husband, who was in the war against Paraguay. But the mother replied, smiling: "Nao tem pai, he filha da fortuna"—she hasn't any father; she is the daughter of chance. "It is the way the Indian or half-breed women here always speak of their illegitimate children; and though they say it without an intonation of sadness or of blame, apparently as unconscious of any wrong or shame as if they said the father was absent or dead, it has the most melancholy significance; it seems to speak of such absolute desertion. So far is this from being an unusual case, that among the common people the opposite seems the exception. Children are frequently quite ignorant of their parentage. They know about their mother, for all the care and responsibility falls upon her, but they have no knowledge of their father; nor does it seem to occur to the woman that she or her children have any claim upon him." What seems so strange to the civilized man, is simply the rule of maternal law and group marriage.

Again, among other nations the friends and relatives of the bridegroom or the wedding guests claim their traditional right to the bride, and the bridegroom comes last. This custom prevailed in ancient times on the Baleares and among the African Augilers; it is observed to this day by the Bareas in Abyssinia. In still other cases, an official person—the chief of a tribe or a gens, the cazique, shamane, priest, prince or whatever may be his title—represents the community and exercises the right of the first night. All modern romantic whitewashing notwithstanding, this jus primae noctis, is still in force among most of the natives of Alaska,[21] among the Tahus of northern Mexico[22] and some other nations. And during the whole of the middle ages it was practiced at least in originally Celtic countries, where it was directly transmitted by group marriage, e. g. in Aragonia. While in Castilia the peasant was never a serf, the most disgraceful serfdom existed in Aragonia, until abolished by the decision of Ferdinand the Catholic in 1486. In this document we read: "We decide and declare that the aforesaid 'senyors' (barons) ... shall neither sleep the first night with the wife of a peasant, nor shall they in the first night after the wedding, when the woman has gone to bed, step over said woman or bed as a sign of their authority. Neither shall the aforesaid senyors use the daughter or the son of any peasant, with or without pay, against their will." (Quoted in the Catalonian original by Sugenheim, "Serfdom," Petersburg, 1861, page 35.)

Bachofen, furthermore, is perfectly right in contending that the transition from what he calls "hetaerism" or "incestuous generation" to monogamy was brought about mainly by women. The more in the course of economic development, undermining the old communism and increasing the density of population, the traditional sexual relations lost their innocent character suited to the primitive forest, the more debasing and oppressive they naturally appeared to women; and the more they consequently longed for relief by the right of chastity, of temporary or permanent marriage with one man. This progress could not be due to men for the simple reason that they never, even to this day, had the least intention of renouncing the pleasures of actual group marriage. Not until the women had accomplished the transition to the pairing family could the men introduce strict monogamy—true, only for women.

The pairing family arose on the boundary line between savagery and barbarism, generally in the higher stage of savagery, here and there in the lower stage of barbarism. It is the form of the family characteristic for barbarism, as group marriage is for savagery and monogamy for civilization. In order to develop it into established monogamy, other causes than those active hitherto were required. In the pairing family the group was already reduced to its last unit, its biatomic molecule: one man and one woman. Natural selection, had accomplished its purpose by a continually increasing restriction of sexual intercourse. Nothing remained to be done in this direction. Unless new social forces became active, there was no reason why a new form of the family should develop out of the pairing family. But these forces did become active.

We now leave America, the classic soil of the pairing family. No sign permits the conclusion that a higher form of the family was developed here, that any established form of monogamy ever existed anywhere in the New World before the discovery and conquest. Not so in the Old World.

In the latter, the domestication of animals and the breeding of flocks had developed a hitherto unknown source of wealth and created entirely new social conditions. Up to the lower stage of barbarism, fixed wealth was almost exclusively represented by houses, clothing, rough ornaments and the tools for obtaining and preparing food: boats, weapons and household articles of the simplest kind. Nourishment had to be secured afresh day by day. But now, with their herds of horses, camels, donkeys, cattle, sheep, goats and hogs, the advancing nomadic nations—the Aryans in the Indian Punjab, in the region of the Ganges and the steppes of the Oxus and Jaxartes, then still more rich in water-veins than now; the Semites on the Euphrates and Tigris—had acquired possessions demanding only the most crude attention and care in order to propagate themselves in ever increasing numbers and yield the most abundant store of milk and meat. All former means of obtaining food were now forced to the background. Hunting, once a necessity, now became a sport.

But who was the owner of this new wealth? Doubtless it was originally the gens. However, private ownership of flocks must have had an early beginning. It is difficult to say whether to the author of the so-called first book of Moses Father Abraham appeared as the owner of his flocks by virtue of his privilege as head of a communistic family or of his capacity as gentile chief by actual descent. So much is certain: we must not regard him as a proprietor in the modern sense of the word. It is furthermore certain that everywhere on the threshold of documentary history we find the flocks in the separate possession of chiefs of families, exactly like the productions of barbarian art, such as metal ware, articles of luxury and, finally, the human cattle—the slaves.

For now slavery was also invented. To the barbarian of the lower stage a slave was of no use. The American Indians, therefore, treated their vanquished enemies in quite a different way from nations of a higher stage. The men were tortured or adopted as brothers into the tribe of the victors. The women were married or likewise adopted with their surviving children. The human labor power at this stage does not yet produce a considerable amount over and above its cost of subsistence. But the introduction of cattle raising, metal industry, weaving and finally agriculture wrought a change. Just as the once easily obtainable wives now had an exchange value and were bought, so labor power was now procured, especially since the flocks had definitely become private property. The family did not increase as rapidly as the cattle. More people were needed for superintending; for this purpose the captured enemy was available and, besides, he could be increased by breeding like the cattle.

Such riches, once they had become the private property of certain families and augmented rapidly, gave a powerful impulse to society founded on the pairing family and the maternal gens. The pairing family had introduced a new element. By the side of the natural mother it had placed the authentic natural father who probably was better authenticated than many a "father" of our day. According to the division of labor in those times, the task of obtaining food and the tools necessary for this purpose fell to the share of the man; hence he owned the latter and kept them in case of a separation, as the women did the household goods. According to the social custom of that time, the man was also the owner of the new source of existence, the cattle, and later on of the new labor power, the slaves. But according to the same custom, his children could not inherit his property, for the following reasons: By maternal law, i. e., while descent was traced only along the female line, and by the original custom of inheriting in the gens, the gentile relatives inherited the property of their deceased gentile relative. The wealth had to remain in the gens. In view of the insignificance of the objects, the property may have gone in practice to the closest gentile relatives, i. e., the consanguine relatives on the mother's side. The children of the dead man, however, did not belong to his gens, but to that of their mother. They inherited first together with the other consanguine relatives of the mother, later on perhaps in preference to the others. But they could not inherit from their father, because they did not belong to his gens, where his property had to remain. Hence, after the death of a cattle owner, the cattle would fall to his brothers, sisters and the children of his sisters, or to the offspring of the sisters of his mother. His own children were disinherited.

In the measure of the increasing wealth man's position in the family became superior to that of woman, and the desire arose to use this fortified position for the purpose of overthrowing the traditional law of inheritance in favor of his children. But this was not feasible as long as maternal law was valid. This law had to be abolished, and it was. This was by no means as difficult as it appears to us to-day. For this revolution—one of the most radical ever experienced by humanity—did not have to touch a single living member of the gens. All its members could remain what they had always been. The simple resolution was sufficient, that henceforth the offspring of the male members should belong to the gens, while the children of the female members should be excluded by transferring them to the gens of their father. This abolished the tracing of descent by female lineage and the maternal right of inheritance, and instituted descent by male lineage and the paternal right of inheritance. How and when this revolution was accomplished by the nations of the earth, we do not know. It belongs entirely to prehistoric times. That it was accomplished is proven more than satisfactorily by the copious traces of maternal law collected especially by Bachofen. How easily it is accomplished we may observe in a whole series of Indian tribes, that recently passed through or are still engaged in it, partly under the influence of increasing wealth and changed modes of living (transfer from forests to the prairie), partly through the moral pressure of civilization and missionaries. Six out of eight Missouri tribes have male descent and inheritance, while only two retain female descent and inheritance. The Shawnees, Miamis and Delawares follow the custom of placing their children into the male gens by giving them a gentile name belonging to the father's gens, so that they may be entitled to inherit. "Innate casuistry of man, to change the objects by changing their names, and to find loopholes for breaking tradition inside of tradition where a direct interest was a sufficient motive." (Marx.) This made confusion worse confounded, which could be and partially was remedied alone by paternal law. "This seems to be the most natural transition." (Marx.) As to the opinion of the comparative jurists, how this transition took place among the civilized nations of the old world—although only in hypotheses—compare M. Kovalevsky, Tableau des origines et de l'évolution de la famille et de la propriété, Stockholm, 1890.

The downfall of maternal law was the historic defeat of the female sex. The men seized the reins also in the house, the women were stripped of their dignity, enslaved, tools of men's lust and mere machines for the generation of children. This degrading position of women, especially conspicuous among the Greeks of heroic and still more of classic times, was gradually glossed over and disguised or even clad in a milder form. But it is by no means obliterated.

The first effect of the established supremacy of men became now visible in the reappearance of the intermediate form of the patriarchal family. Its most significant feature is not polygamy, of which more anon, but "the organization of a certain number of free and unfree persons into one family under the paternal authority of the head of the family. In the Semitic form this head of the family lives in polygamy, the unfree members have wife and children, and the purpose of the whole organization is the tending of herds in a limited territory." The essential points are the assimilation of the unfree element and the paternal authority. Hence the ideal type of this form of the family is the Roman family. The word familia did not originally signify the composite ideal of sentimentality and domestic strife in the present day philistine mind. Among the Romans it did not even apply in the beginning to the leading couple and its children, but to the slaves alone. Famulus means domestic slave, and familia is the aggregate number of slaves belonging to one man. At the time of Gajus, the familia, id est patrimonium (i. e., paternal legacy), was still bequeathed by testament. The expression was invented by the Romans in order to designate a new social organism, the head of which had a wife, children and a number of slaves under his paternal authority and according to Roman law the right of life and death over all of them. "The word is, therefore, not older than the ironclad family system of the Latin tribes, which arose after the introduction of agriculture and of lawful slavery, and after the separation of the Aryan Itali from the Greeks." Marx adds: "The modern family contains the germ not only of slavery (servitus), but also of serfdom, because it has from the start a relation to agricultural service. It comprises in miniature all those contrasts that later on develop more broadly in society and the state."

Such a form of the family shows the transition from the pairing family to monogamy. In order to secure the faithfulness of the wife, and hence the reliability of paternal lineage, the women are delivered absolutely into the power of the men; in killing his wife, the husband simply exercises his right.

With the patriarchal family we enter the domain of written history, a field in which comparative law can render considerable assistance. And here it has brought about considerable progress indeed. We owe to Maxim Kovalevsky (Tableau etc. de la famille et de la propriété, Stockholm, 1890, p. 60-100) the proof, that the patriarchal household community, found to this day among Serbians and Bulgarians under the names of Zádruga (friendly bond) and Bratstvo (fraternity), and in a modified form among oriental nations, formed the stage of transition between the maternal family derived from group marriage and the monogamous family of the modern world. This seems at least established for the historic nations of the old world, for Aryans and Semites.

The Zádruga of southern Slavonia offers the best still existing illustration of such a family communism. It comprises several generations of the father's descendants, together with their wives, all living together on the same farm, tilling their fields in common, living and clothing themselves from the same stock, and possessing collectively the surplus of their earnings. The community is managed by the master of the house (domácin), who acts as its representative, may sell inferior objects, has charge of the treasury and is responsible for it as well as for a proper business administration. He is chosen by vote and is not necessarily the oldest man. The women and their work are directed by the mistress of the house (domácica), who is generally the wife of the domácin. She also has an important, and often final, voice in choosing a husband for the girls. But the highest authority is vested in the family council, the assembly of all grown companions, male and female. The domácin is responsible to this council. It takes all important resolutions, sits in judgment on the members of the household, decides the question of important purchases and sales, especially of land, etc.

It is only about ten years since the existence of such family communism in the Russia of to-day was proven. At present it is generally acknowledged to be rooted in popular Russian custom quite as much as the obscina or village community.

It is found in the oldest Russian code, the Pravda of Jaroslav, under the same name (vervj) as in the Dalmatian code, and may also be traced in Polish and Czech historical records.

Likewise among Germans, the economic unit according to Heussler (Institutions of German law) is not originally the single family, but the "collective household," comprising several generations or single families and, besides, often enough unfree individuals. The Roman family is also traced to this type, and hence the absolute authority of the master of the house and the defenselessness of the other members in regard to him is strongly questioned of late. Similar communities are furthermore said to have existed among the Celts of Ireland. In France they were preserved up to the time of the Revolution in Nivernais under the name of "parçonneries," and in the Franche Comté they are not quite extinct yet. In the region of Louhans (Saône et Loire) we find large farmhouses with a high central hall for common use reaching up to the roof and surrounded by sleeping rooms accessible by the help of stairs with six to eight steps. Several generations of the same family live together in such a house.

In India, the household community with collective agriculture is already mentioned by Nearchus at the time of Alexander the Great, and it exists to this day in the same region, in the Punjab and the whole Northwest of the country. In the Caucasus it was located by Kovalevski himself.

In Algeria it is still found among the Kabyles. Even in America it is said to have existed. It is supposed to be identical with the "Calpullis" described by Zurita in ancient Mexico. In Peru, however, Cunow (Ausland, 1890, No. 42-44) has demonstrated rather clearly that at the time of the conquest a sort of a constitution in marks (called curiously enough marca), with a periodical allotment of arable soil, and consequently individual tillage, was in existence.

At any rate, the patriarchal household community with collective tillage and ownership of land now assumes an entirely different meaning than heretofore. We can no longer doubt that it played an important role among the civilized and some other nations of the old world in the transition from the maternal to the single family. Later on we shall return to Kovaleski's further conclusion that it was also the stage of transition from which developed the village or mark community with individual tillage and first periodical, then permanent allotment of arable and pasture lands.

In regard to the family life within these household communities it must be remarked that at least in Russia the master of the house has the reputation of strongly abusing his position against the younger women of the community, especially his daughters-in-law, and of transforming them into a harem for himself. Russian popular songs are very eloquent on this point.

Before taking up monogamy, which rapidly developed after the downfall of maternal law, let me say a few words about polygamy and polyandry. Both forms of the family can only be exceptions, historical products of luxury so to speak, unless they could be found side by side in the same country, which is apparently not the case. As the men excluded from polygamy cannot find consolation in the women left over by polyandry, the number of men and women being hitherto approximately equal without regard to social institutions, it becomes of itself impossible to confer on any one of these two forms the distinction of general preference. Indeed, the polygamy of one man was evidently the product of slavery, confined to certain exceptional positions. In the Semitic patriarchal family, only the patriarch himself, or at best a few of his sons, practice polygamy, the others must be satisfied with one wife. This is the case to-day in the whole Orient. Polygamy is a privilege of the wealthy and distinguished, and is mainly realized by purchase of female slaves. The mass of the people live in monogamy. Polyandry in India and Thibet is likewise an exception. Its surely not uninteresting origin from group marriage requires still closer investigation. In its practice it seems, by the way, much more tolerant than the jealous Harem establishment of the Mohammedans. At least among the Nairs of India, three, four or more men have indeed one woman in common; but every one of them may have a second woman in common with three or more other men; and in the same way a third, fourth, etc. It is strange that McLennan did not discover the new class of "club marriage" in these marital clubs, in several of which one may be a member and which he himself describes. This marriage club business is, however, by no means actual polyandry. It is on the contrary, as Giraud-Teulon already remarks, a specialized form of group marriage. The men live in polygamy, the women in polyandry.