It is only fair to state that the question of the position of women during the mother-age is a disputed one. Bachofen[135] was the first to build up in his classical works of Matriarchy, the gynæcocratic theory which places the chief social power under the system of mother-descent in the hands of women. This view has been disputed, especially in recent years, and many writers who acknowledge the widespread existence of maternal descent deny that it carries with it, except in exceptional cases, mother-rights of special advantage to women; even when these seem to be present they believe such rights to be more apparent than real.[136]

One suspects prejudice here. To approach this question with any fairness it is absolutely essential to clear the mind from our current theories regarding the family. The order is not sacred in the sense that it has always had the same form. It is this belief in the immutability of our form of the sexual relationship which accounts for the prejudice with which this question is so often approached. I fully admit the dark side of the mother-age among many peoples; its sexual licence, often brutal in practice, its cruelties and sacrifice of life. But these are evils common to barbarism, and are found existing under father-right quite as frequently as under mother-right. I concede, too, that mother-descent was not necessarily or universally a period of mother-rule. It was not. But that it did in many cases—and these no exceptional ones—carry with it power for women, as the transmitters of inheritance and property I am certain that the known facts prove.[137] Nor do I forget that cruel treatment of women was not uncommon in matriarchal societies. I have shown how in many tribes the power rested in the woman's brother or male relations, and in all such cases mother-descent was really combined with a patriarchal system, the earlier authority of the mother persisting only as a habit. But to argue from the cases of male cruelty that mother-descent did not confer special advantages upon women is, I think, as absurd as it would be to state that under the fully developed patriarchal rule (as also in our society to-day) the authority was not in the hands of men, because cases are not infrequent in which women ill-treat their husbands. And, indeed, when we consider the position of the husband and father under this early system, without rights of property and with no authority over his children, and subject to the rule either of his wife or of her relatives, no surprise can be felt if sometimes he resorted to cruelties, asserting his power in whatever direction opportunity permitted. I may admit that for a long time I found it difficult to believe in this mother-power. The finding of such authority held by primitive woman is strange, indeed, to women to-day. Reverse the sexes, and in broad statement the conditions of the mother-age would be true of our present domestic and social relationship. Little wonder, then, that primitive men rebelled, disliking the inconveniences arising from their insecure and dependent position as perpetual guests in their wives' homes. It is strange how history repeats itself.

Women, from their association with the home, were the first organisers of all industrial labour. A glance back at the mother-age civilisation should teach men modesty. They will see that woman was the equal, if not superior, to man in productive activity. It was not until a much later period that men supplanted women and monopolised the work they had started. Through their identification with the early industrial processes women were the first property owners; they were almost the sole creators of ownership in land, and held in respect of this a position of great advantage. In the transactions of North American tribes with the colonial government many deeds of assignment bear female signatures.[138] A form of divorce used by a husband in ancient Arabia was: "Begone, for I will no longer drive thy flocks to pasture."[139] In almost all cases the household goods belonged to the woman. The stores of roots and berries laid up for a time of scarcity were the property of the wife, and the husband would not touch them without her permission. In many cases such property was very extensive. Among the Menomini Indians, for instance, a woman of good circumstances would own as many as from 1200 to 1500 birch-bark vessels.[140] In the New Mexican pueblo what comes from outside the house, as soon as it is inside is put under the immediate control of the women. Bandelier, in his report of his tour in Mexico, tells us that "his host at Cochiti, New Mexico, could not sell an ear of corn or a string of chilli without the consent of his fourteen-year-old daughter Ignacia, who kept house for her widowed father."[141]

The point we have now reached is this: while mother-descent did not constitute or make necessary rule by women, under this system they enjoyed considerable power as the result (1) of their position as property-holders, (2) of their freedom in marriage and the social habits arising from it. This conclusion will be strengthened if we return to our examination of mother-right customs, as we shall find them in all parts of the world. I must select a few examples from as various countries as is possible, and describe them very briefly; not because these cases offer less interest than the matrilineal tribes of America, but because of the length to which this part of my inquiry is rapidly growing.

Let us begin with Australia, where the aboriginal population is in a more primitive condition than any other race whose institutions have been investigated. In certain tribes the family has hardly begun to be distinguished from kin in general. The group is divided into male and female classes, in addition to the division into clans.[142] This is so among the tribes of Mount Gambier, of Darling River, and of Queensland. Marriage within the clan is strictly forbidden, and the male and female classes of each clan are regarded as brothers and sisters. But as every man is brother to all the sisters of his clan, he is husband to all the women of the other clans of his tribe. Marriage is not an individual act, it is a social condition. The custom is not always carried out in practice, but any man of one clan has the right, if he wishes to exercise it, to call any woman belonging to another clan of his tribe his wife, and to treat her as such.[143] The children of each group belong naturally to the clan of the mother, and there is no legal parenthood between them and their father. In the case of war the son must join the maternal tribe. But this is not the universal rule, and in many tribes the children now belong to the paternal clan. The paternal family is beginning to be established in Australia, and varied artifices are used to escape from the tribal marriage and to form unions on an individual basis.

Mother-right is still in force in parts of India, though owing to the influence of Brahmanism on the aboriginal tribes the examples are fewer than might be expected. This change has brought descent through the fathers, and has involved, besides, the more or less complete subjugation of women, with insistence on female chastity, abolition of divorce, infant marriage, and perpetuation of widowhood.[144] Not every tribe is yet thus revolutionised. Among the Kasias of south-east India the husband lives with the wife or visits her occasionally.

"Laws of rank and property follow the strictest maternal rule; when a couple separate the children remain with the mother, the son does not succeed his father, but a raja's neglected offspring may become a common peasant or a labourer; the sister's son succeeds to rank and is heir to the property."[145]

This may be taken as an extreme example of the conditions among the unchanged tribes. The Garos tribe have an interesting marriage custom.[146] The girl chooses her lover and invites him to follow her; any advance made on his side is regarded as an insult to the woman's clan, and has to be expiated by presents. This marriage is very similar to the ceremony of capture, only the actors change parts; it is here the bridegroom who runs away, and is conducted by force to his future wife amidst the lamentations of his relations.

Even tribes that have adopted paternal descent preserve numerous customs of the earlier system. The husband still remains in the wife's home for a probationary period, working for her family.[147] Women retain rights which are inconsistent with father-rule. The choice of her lover often remains with the girl. If a girl fancies a young man, all she has to do is to give him a kick on the leg at the tribal dance of the Karama, and then the parents think it well to hasten on a wedding. Among Ghasiyas in United Provinces a wife is permitted to leave her husband if he intrigues with another woman, or if he become insane, impotent, blind or leprous, while these bodily evils do not allow him to put her away.[148] We find relics of the early freedom enjoyed by women in the licence frequently permitted to girls before marriage. Even after marriage adultery within the tribal rules is not regarded as a serious offence. Divorce is often easy, at the wish of either the woman or the man.[149] This is the case among the Santál tribes, which are found in Western Bengal, Northern Orissa, Bhágulpur and the Santál Párganas.[150] It seems probable that fraternal polyandry must formerly have been practised.

Polyandry must have been common at one time in southern India. It will be sufficient to give a few examples. The interesting Todas tribe of the Nil'giri Hills practise fraternal polyandry. The husbands of the women are usually real brothers, but sometimes they are clan brothers. The children belong to the eldest brother, who performs the ceremony of giving the mother a miniature bow and arrow; all offspring, even if born after his death, are counted as his until one of the other brothers performs this ceremony. It is also allowed sometimes for the wife to be mistress to another man besides her husbands, and any children born of such unions are counted as the children of the regular marriage. There is little restriction in love of any kind. In the Toda language there is no word for adultery. It would even seem that "immorality attaches rather to him who grudges his wife to another man."[151]