We see that various observers use the terms 'improper' (Franklin), 'the fear of' (P. Prescott), 'indecent' (Harmon), 'cut off from all intercourse with them,' and no doubt they have[15] each expressed the impression made on themselves in observation. We note again that the only case where the native term in designation of the custom is given that it means 'being ashamed.' The limit in time for the avoidance is again significant. 'For some time,' Baegart says; 'tant qu'elle n'a pas d'enfant' (Pallas). 'Till the birth of the first child.' These limitations in time would not exist if enmity because of capture was the cause, whereas we can quite understand them if, the circumstances now proving the consummation of marriage, jealousy might then be supposed to cease. The reserve as to a too familiar attitude that this idea of indecency would imply, is shown where a Mongol daughter-in-law 'cannot sit down in the presence of the father-in-law,' and where the Banyai man 'must not put out his feet towards his mother-in-law, but sit with his knees bent in her presence.' In China it is the father-in-law who hides himself, and this surely would hardly be the act of a captor, nor can we imagine a man having his clothes cut off his back simply because he had not 'cut' some one sufficiently.
However, in connection with our argument we have Adolf Erman's account of the custom among the Yakuts, and where we find the husbands elder brother joined with the father-in-law in an avoidance, there a distinct feeling of impropriety in connection with these relations in law of the wife is indicated. The diffidence cited is exactly what would occur if union was undesirable and yet not impossible, between the persons in avoidance, and hence temptation was to be avoided. It is very important to note that no idea of enmity from capture can be associated with the husbands elder brother. Again, the custom of avoidance with an elder brother, where its connection with jealousy is evident, is very widespread, and very strict in observance; as we have already noted, it occurs in Orissa and among the Kyonthas in India, whilst I have also observed it in practice in New Caledonia, where it is most undoubtedly a means to an end, to protect the younger brother's marital rights. As to the significance of the fact mentioned in the case of the natives of Australia, where, as regards their wives, they are jealous of a man— and give him a daughter to place him in avoidance with her mother, comment is unnecessary.
These facts seem to me to be conclusive; but the question of the exact origin of avoidance is so important to my general argument, that I am glad to be able to find what I fancy is added proof from another source. If this furnishes the requisite evidence that sexual jealousy was the real factor, and not hostile capture, our hypothesis of the primal law acquires valuable inferential evidence in its favour. Such added proof we hope to be able to show in Dr. Tylor's figures.[16]
| -- | Theory as | practice | -- |
|---|---|---|---|
| In Residence, H to W: 65 | |||
| Avoidance H to W relations | (a) 9 cases | (b) 14 cases | (A) |
| Avoidance W to H relations | 3 " | 0 " | (B) |
| In Residence, W to H: | |||
| Avoidance W to H relations | 5 " | 8 " | (C) |
| Avoidance H to W relations | 18 " | 9 " | (D) |
These figures, which are extracted from Dr. Tylor's work, would seem to be eloquent against hostile capture being the sole cause of Avoidance. They are derived from a comparison of Avoidance as occurring, (a) quite independent of residence, and (b) as actually resulting where coincidence of Avoidance and residence is found.
Now as regards the question of jealousy as cause of Avoidance, residence and propinquity will evidently have a powerful effect.
(A) As we have seen, any Avoidance under these circumstances would be remarkable without a prior stage in quite other conditions than those found generally with H to W residence. We note that whereas we might expect under even the above conditions to find only 9, there are 14. Here sexual jealousy has been an important cause.
The Avoidance of the Mother-in-law (for, of course, there was none here with father-in-law, who was a nonentity in such a family circle, and of the same clan as the son-in-law) arose as a matter of protection for the marital rights of the daughter as against her mother, both inhabiting the same large house common to matriarchal descent.
(B) Here, again, we expect to find 3, and see there are actually none, from which it would seem to result that W capture had nothing whatever to do with the origin of A, H to W, for, admitting the almost entire separation of the W from H family, which would make the case rarer, a tradition of capture would exist which would have effect when they were later grouped together. Whereas the non-Avoidance is explained by lack of jealousy, from absence of male relations of H.