Another fact against a belief in promiscuity is that the lowest savages known to us are not promiscuous, in so far as there is no proved case of the sexual relations being absolutely unregulated. They all recognise sets of women with whom certain sets of men can have no marital relations. Again these savages are very far removed from the state of man’s first emergence from the brute, as is proved by their combination into large and friendly tribes. Such peaceful aggregation could only have arisen at a much later period, and after the males had learnt by some means to control their brute appetites and jealousy of rivals in that movement towards companionship, which, first resting in the sexual needs, broadens out into the social instincts.

For these reasons, then, we conclude that the theory of a friendly union having existed among males in the primitive group is the very reverse of the truth. This question has now been sufficiently proved. I am thus brought into agreement with Dr. Westermarck, Mr. Crawley, and Mr. Lang, in his examination of Mr. Atkinson’s Primal Law, as well as with other writers, all of whom have shown that promiscuity cannot be accepted as a stage in the early life of the human family.

I have now to show how far this rejection of promiscuity affects our position with regard to mother-descent and mother-right. It is clearly of vital importance to any theory that its foundations are secure. One foundation—that of promiscuity, on which Bachofen and McLennan, the two upholders of matriarchy, base their hypothesis—has been overthrown. It thus becomes necessary to approach the question from an altogether different position. Mother-right must be explained without any reference to unregulated sexual conduct. I am thus turned back to examine the opposing theory to matriarchy, which founds the family on the patriarchal authority of the father. Nor is this all. What we must expect a true theory to do is to show conditions that are applicable not only to special cases, but in their main features to mankind in general. I have to prove that such conditions arose in the primitive patriarchal family as it advanced towards social aggregation, that would not only make possible, but, as I believe, would necessitate the power of the mothers asserting its force in the group-family. Only when this is done can I hope that a new belief in mother-right may find acceptance.

The patriarchal theory stated in its simplest form is this: Primeval man lived in small family groups, composed of an adult male, and of his wife, or, if he were powerful, several wives, whom he jealously guarded from the sexual advances of all other males. In such a group the father is the chief or patriarch as long as he lives, and the family is held together by their common subjection to him. As for the children, the daughters as soon as they grow up are added to his wives, while the sons are driven out from the home at the time they reach an age to be dangerous as sexual rivals to their father. The important thing to note is that in each group there would be only one adult polygamous male, with many women of different ages and young children. I shall return to this later. Such is the marked difference in the position of the two sexes—the solitary jealously unsocial father and the united mothers. I can but wonder how its significance has escaped the attention of the many inquirers, who have sought the truth in this matter. Probably the explanation is to be found in this: they have been interested mainly in one side of the family—the male side; I am interested in the other side—in the women members of the group. The position of women has seemed of primary importance to very few. Bachofen is almost alone in placing this question first, and his mystical far-fetched hypothesis has failed to find acceptance.

Let me now, in order to make the position clearer, continue a rough grouping of the supposed conditions in this primordial family, with all its members in subjection to the common father. It may be argued that we can know nothing at all about the family and the position of the two sexes at this brute period. This is true. The conditions are, of course, conjectural, and any suggested conclusions to be drawn from them must be still more so. Yet some hypothesis must be risked as a starting-point for any theory that attempts to go so far back in the stream of time.

We may suppose, then, that mankind aboriginally lived in small families in much the same way as the great monkeys: we see the same conditions, for instance, among the families of gorillas, where the group never becomes large. The male leader will not endure the rivalry of the young males, and as soon as they grow up a contest takes place, and the strongest and eldest male, by killing or driving out the others, maintains his position as the tyrant head of the family.[30]

This may be taken as a picture of the human brute-family. It is clear that the relation of the father to the other group members was not one of kinship, but of power. “Every female in my crowd is my property,” says—or feels—Mr. Atkinson’s patriarchal anthropoid, “and the patriarch gives expression to his sentiment with teeth and claws, if he has not yet learned to double up his fist with a stone in it. These were early days.”[31]

We may conclude that there would be many of these groups, each with a male head, his wives and adult daughters, and children of both sexes. It is probable that they lived a nomadic life, finding a temporary home in a cave, rock, or tree-shelter, in some place where the supply of food was plentiful. The area of their wanderings would be fixed by the existence of other groups; for such groups would almost certainly be mutually hostile to each other, watchfully resenting any intrusion on their own feeding ground. A further, and more powerful, cause of hostility would arise from the sexual antagonism of the males. Around each group would be the band of exiled sons, haunting their former hearth-homes, and forming a constant element of danger to the solitary paternal tyrant. This I take to be important as we shall presently see. For, the most urgent necessity of these young men, after the need for food, must have been to obtain wives. This could be done only by capturing women from one or other of the groups. The difficulties attending such captures must have been great. It is, therefore, probable the young men at first kept together, sharing their wives in polyandrous union. But this condition would not continue, the group thus formed would inevitably break up at the adult stage under the influence of jealousy; the captured wives would be fought for and carried off by the strongest males to form fresh groups.

In this matter I have given the opinion of Mr. Atkinson and Mr. Lang. They hold that no permanent peaceful union could have been maintained among the groups of young men and their captive wives. Mr. Atkinson gives the reason—

“Their unity could only endure as long as the youthfulness of the members necessitated union for protection, and their immaturity prevented the full play of sexual passion.” And again: “The necessary Primal Law which alone could determine peace within a family circle by recognising a distinction between female and male (the indispensable antecedent to a definition of marital rights) could never have arisen in such a body. It follows if such a law was ever evoked, it must have been from within the only other assembly in existence, viz. that headed by the solitary polygamous patriarch.”[32]