[28] Principles of Sociology, I, 713-37.
[29] Ibid., 716, 717, 540-53.
[30] See below, chap. iv. Mr. Spencer also points out that Maine does not take into account "stages in human progress earlier than the pastoral or agricultural."—Op. cit., I, 724 ff.
[31] The Patriarchal Theory, edited and completed by Donald McLennan (London, 1885).
[32] Ancient Law, 118-20, 123.
[33] The marriage of Jacob with Laban's daughters is the case in point. In "beena" marriage—the name given to the institution in Ceylon—"the young husband leaves the family of his birth and passes into the family of his wife, and to that he belongs as long as the marriage subsists. The children born to him belong, not to him, but to the family of their mother. Living with, he works for, the family of his wife; and he commonly gains his footing in it by service. His marriage involves usually a change of village; nearly always (where the tribal system is in force) a change of tribe—so that, as used to happen in New Zealand, he may be bound even to take part in war against those of his father's house; but always a change of family. The man leaves father and mother as completely as, with the patriarchal family prevailing, a bride would do; and he leaves them to live with his wife and her family. That this accords with the passage in Genesis will not be disputed." Patriarchal Theory, 42, 43. Nevertheless, in this case McLennan is certainly mistaken. We have here to do with that form of wife-purchase called "marriage by service;" see Lichtschein, Die Ehe, 10, 11; the argument of Wake, Marriage and Kinship, 239-44; and Friedrichs, Familienstufen und Eheformen, ZVR., X, 207, 208. "Beena" marriage existed, however, among other Semitic peoples and possibly also among the Hebrews: Smith, Kinship and Marriage, 108, 175-78, 146. It is found also in Africa and in many other places: Wake, op. cit., 149, 299-301; McLennan, op. cit., 43; Westermarck, Human Marriage, 109, 389-90; Tylor, On a Method of Investigating Institutions, 246 ff.; Starcke, op. cit., 78; Hellwald, Die mensch. Familie, 255, 266.
[34] On the Hebrew family see Patriarchal Theory, 35-50, 132, 133, 243-47, 273, 274 note, 289, 306, 307, 315, passim.
[35] Filmer's Patriarchia, or the Natural Power of Kings appeared in 1680; Locke's Two Treatises on Government, in 1690. Both works are reprinted in the ninth number of Morley's Universal Library.
[36] See Patriarchal Theory, 36 ff., 243 ff., 273 note, where a summary of Locke's argument, with additional evidence against the existence of agnation and patria potestas and in favor of an original maternal system among the Hebrews, will be found.
[37] Robertson Smith, Kinship and Marriage; Wilken, Das Matriarchat bei den alten Arabern, a work suggested by Smith's "Animal Worship and Animal Tribes," Journal of Philology, IX, 75-100. These writers have found among these Semitic tribes the system of kinship through the mother in actual use, with traces of polyandry, exogamy, and the totem gens; and Wilken believes that he finds evidences of early promiscuity. See especially Kohler, Ueber das vorislamitische Recht der Araber, ZVR., VIII, 238-61; and Friedrichs, Das Eherecht des Islam, ibid., VII, 240-84, especially 255 ff., who shows that the Mohammedan house-father exercises great authority over his wife, yet she has her own property and receives a dower. At present, relationship in Arabia is generally counted in the male line; and therefore, Westermarck, Human Marriage, 102, note 4, regards the conclusion of Smith that originally the system of female kinship exclusively prevailed as "a mere hypothesis."