In opposition to the father we now see arrayed not only the wife-mother jealous of her mate, not only the daughter inclined instinctively to youth and the unknown, but, most important of all, the son, now egged on by most powerful personal feelings and interests. And for these latter ones, as we have seen, time itself would fight; to youth each hour and day is a gain in strength, to old age each moment means a loss of power. With the decay of the custom we see that the way lies clear to progress in group formation. Sooner or later the presence of the offspring of the outside suitors in the formerly purely consanguine circle will be recognised, their recognition as cousins to the younger resident members will be made, and the old type of horde by a process of cleavage divides itself into two intermarriageable clans, (phratries?), and the savage tribe is created.[6]
Thus did the custom of paternal incest disappear, and so completely as not to leave a trace of its passage in recognised usage among actual peoples. But as an unauthorised habit it long existed, nay, it still lurks, and as such it is probably much more common among the lowest classes of even most civilised peoples than is generally imagined. The continual domiciliary propinquity of such close relatives makes the crime easy[7] and detection difficult. Amidst the savage races, although rare, it is by no means unknown. It is not a crime by the laws of totem kinship with female descent, the daughter in such a case being always of the same totem as her mother, and thus theoretically eligible. The only bar is the classificatory system which, based on sequence in birth, forbids all connection between those of different generations. Thus this form of incest, when it does occur, in no way creates the utter horror which we find universal at any union between brother and sister. An old native chief whom I questioned on the matter certainly spat with disgust at the idea, but again, to my own knowledge, a case occurred where a girl bore a child to her own father, and when the fact was mentioned among the people, it only caused coarse laughter. It is true that in this case the culprit was a great chief—it is possible that there would have been more adverse comment if he had been a commoner. It is certain that the betrayal of the vested interests of the future husband (for in New Caledonia all children are betrothed at a very early age) would have been more resented in the latter case. But license in sexual intercourse within forbidden relationships seems everywhere the privilege of irresponsible rank, if we may judge by the Kalmuck proverb, 'Great folk and the beasts marry where they please.'
However, its occurrence in such cases may be traced to sources which show that here the exception proves the rule. Indeed, the fact of its occurring almost solely among the higher classes [as among the Incas], points clearly to a probable connection with an idea of pride of race, or a question of inheritance. Now we may note that with descent in the female line the right of direct succession to the paternal name, or place of power, or property, is not in the gift of a father. The only legal conveyers of the blood right within him are females in whose veins is to be found that same blood, i.e. his mother and sisters. However regal a personage his child by a foreign woman, it is cut off from that heritage, nor in connection with this offspring can pride of race find a place. Thus, then, we may understand how union, although illegal, with a sister was so frequent in, and even enjoined on, the royal race amidst certain peoples. The purity of the royal blood thus alone remained intact, and from a king was born a king. For it is a remarkable fact which must be more than a coincidence that amongst these very peoples, such as the ancient Egyptians, Persians, and Peruvians, whose rulers were addicted to the habit, female descent was the custom [?]. At least I am not personally acquainted with any exception to the rule. In consonance with this descent through females only and where any approach has been made to gynæcocracy, we shall expect to find that there would be only one legal wife. Such was indeed the case also in Ancient Egypt, there is no instance of two consorts given in any of the inscriptions. This fact, taken in connection with that which conduced to incestuous union under this form of descent, invites us to make a digression in a curious reflection, not however entirely foreign to our general theme. For the same effect as regards inheritance on the offspring which would be produced by union with a sister, would also occur in marriage with a daughter whose parents had been themselves brother and sister. Thus we may guess the lineage of the unknown mother of the great royal wife Nefer-ari, daughter and consort of the Pharaoh of the oppressive Rameses the Great. This daughter had, in fact, been probably chosen among others for wife precisely because her mother had herself been both his sister and his wife.[8]
We may now renew our affirmation that paternal incest as a custom, is no longer generally recognised anywhere. The primitive unquestioned marital right in incest is quite unknown. It has disappeared, and so completely have even traces of its past general occurrence faded, that doubts of the reality of the fact may be pardonably entertained. The question is of importance in connection with our thesis, for as may be seen the whole theory of the primal law is based on the idea of its primitive universal prevalence. We hope, however, to have shown the inherent possibility of the fact as being a habit common to all the mammalia—and it has seemed against reason to suppose that man's ancestor, whilst in the animal stage, would be an exception to so general a rule. Our further argument has adduced circumstances in favour of a final decay so complete that oblivion could not but follow.
Perhaps not the least remarkable fact to the anthropologist in connection with its life and death, is that only as between a father and a daughter, of all blood relationships, do we find no trace among actual peoples of any law in Avoidance. The fact is significant, as we may thus surmise that the process of decay was very long delayed, in fact to a time when such inchoate form of law as Avoidance had become an archaism, or until general progress had rendered any law unnecessary.
[1] As to group marriage the editor cannot follow Mr. Atkinson.
[2] I have here slightly altered Mr. Atkinson's terminology. As the passage stands in his manuscript he confuses totem kins with the Australian intermarrying 'classes.' In his manuscript the passage runs thus: 'In later days they' (the outside mates) 'will be found as the male members of a certain class generation in one group' (by which he means a 'class,' say Ippai, in a 'phratry,' say Dilbi) 'and, de facto, eligible in group marriage with all and certain females of the same category as regards birth in another group.' Here he obviously should have written 'eligible in marriage with all females of the corresponding category in the other "phratry" of an all-embracing tribe.' 'As indeed with actual Australians where, by right of birth alone, each totem group contains the natural born husbands and wives of another totem group.' This is not the case: men of one totem kin are not compelled to take wives from one other totem kin; but men of one 'class' must take wives of one other 'class,' and men of one 'phratry' must take wives out of the other 'phratry.'. To avoid confusion I have, in the text, inserted the correct terminology.—A. L.
[3] All the younger generation of females would be reserved for themselves, and thus not only their own daughters, but the daughters of their brothers-in-law, who, as of the same generation, were all classed together as sisters.