In the theories which postulate that man began in a communal horde, with no idea of regulating sexual unions at all – because, having no notion of consanguinity, or of harm in consanguine marriages, he saw nothing to regulate – the initial difficulty is, how did he ever come to change his nature and to see that a rule must be made, as made it has been? Mr. Howitt endeavours (if I grasp his meaning) to show how man did at last see it, and therefore bisected the horde into intermarrying phratries. Mr. Spencer has only asserted that, while man saw nothing to regulate in marriages, he evolved an organisation, that of the phratries and classes, which did come, somehow, to regulate them. Dr. Durkheim takes it, that man if he was originally promiscuous, later regulated marriages out of respect to his totems, which were his gods. Mr. Hill-Tout supposes that the exogamous rules were made for "political" reasons.
The theories of Mr. Howitt and Mr. Spencer differed from each other, originally, only in so far as that Mr. Spencer supposes animal-named magical societies (now totemic) to have arisen before man regulated marriage in any way; whereas this conception of animal-named groups not bound by totemic restrictions on marriage had not occurred to Mr. Howitt or any other inquirer, except Mr. J. G. Frazer, who evolved it independently. Mr. Spencer's theory in this matter rests entirely on his discovery, among the Arunta, in Central Australia, of totems marking magical societies, but not regulating marriage, and on his inference that, in the beginning, animal-named groups were everywhere mere magical societies. To work co-operative magic was their primary function. To that opinion Mr. Howitt has now come in, and he adds that "the division of the tribe" (into the two primary exogamous moieties or phratries, or "classes") "was made with intent to regulate the relations of the sexes."28 On one point, we repeat, namely, why division was made, Mr. Spencer utters no certain sound, nor does Mr. Howitt explicitly tell us for what reason sexual relations, hitherto unregulated, were supposed to need regulation. He conceives that there is "a widespread belief in the supernatural origin of the practice," but that explains nothing.29
Thus Mr. Howitt postulates the existence of a "tribe," divided into animal-named magical societies, and promiscuous. The tribe has "medicine men" who see visions. One of these men, conceiving, no one knows why, that it would be an excellent thing to regulate the relations of the sexes, announces to his fellow-men that he has received from a supernatural being a command to do so. If they approve, they declare the supernatural message "to the assembled headmen at one of the ceremonial meetings," the tribe obeys, and divides itself into the two primary exogamous moieties or phratries.30 Mr. Howitt thus postulates the existence of the organised tribe, with its prophets, its "All Father" (such as Daramulun), its magical societies, its recognised headmen, and its public meetings for ceremonial and legislation, all in full swing, before the relations of the sexes are in any way regulated.
On reflection, Mr. Howitt may find difficulties in this postulate. Meanwhile, we ask what made the very original medicine man, the Moses of the tribe, think of the new and drastic command which he brought down from the local Sinai? Why did this thinker suppose that the relations of the sexes ought to be regulated? Perhaps the idea was the inspiration of a dream. Mr. Spencer, acquainted chiefly with tribes who have no All Father, has not advanced this theory.
The reasons given for supposing that the "tribe" was originally promiscuous are partly based (a) on the actual condition as regards individual marriage of some Australian tribes, mainly Dieri and Urabunna, with their congeners. These tribes, it is argued, are now no longer absolutely promiscuous, but men and women are divided into intermarriageable sets, so that all women of a certain status in Emu phratry are, or their predecessors have been, actual wives of all men of the corresponding status in Kangaroo phratry. The only bar to absolute promiscuity is that of the phratries (established by legislation on this theory), and of certain by-laws, of relatively recent institution. The names for human relationships (father, mother, son, daughter, brother, sister), again, (b) are, it is argued, such as "group marriage," and "group marriage" alone, would inevitably produce. All women of a certain status are my "mothers," all men of a certain status are my "fathers," all women of another status are my "sisters," all of another are my "wives," and so on. Thus Mr. Spencer is able to say that "individual marriage does not exist either in name or in practice in the Urabunna tribe" at the present day.31
This, however, does not mean that among many such tribes a man is not betrothed to a special woman, and does not marry that woman, with certain filthy initiatory "rites," contravening the usual rules of intercourse.32 Nor is it denied that such man and wife habitually cohabit, and that the man, by hunting and fishing, provides for the wife and all her children, and recognises them as his own.
It is meant that each man has only a certain set of nubile women open to him (Nupa, or Noa, or Unawa), and that out of these, in addition to his allotted bride, an uncertain number of women are assigned to him and to others, mainly at tribal festivals, as paramours (Pirauru or Piraungaru), by their elder brothers, or the heads of totem kins, or the seniors of the Urabunna tribe. "This relationship is usually established at times when considerable numbers of the tribe are gathered together to perform important ceremonies."33 One woman may, on different occasions, be allotted as Piraungaru to different men, one man to different women. Occasionally, though rarely, the regular husband (he who marries the wife by filthy "rites") resists the allotting of his wife to another man, and then "there is a fight."
The question is, does this Urabunna custom of Piraungaru (the existence of which in some tribes is not denied) represent a survival of a primary stage in which all men of a certain social and phratriac status were all alike husbands to all women of the corresponding status (group, or rather status, marriage); and was that, in turn, a survival of the anarchy of the horde, in which there were no grades at all, but anarchic promiscuity?
That is the opinion of believers in "the primary undivided horde," and in "group marriage," or rather "status marriage."
Or is this Piraungaru custom, as we think more probable, an organised and circumscribed and isolated legalisation, among a few tribes, of the utterly unbridled license practised by many savages on festive occasions corresponding to the Persian feast of the Sacaea, and to the Roman Saturnalia?34
The Piraungaru allotments are made, as a rule, at great licentious meetings, but among the Urabunna, though they break the rules of individual marriage, they do not break the tribal rules of incest. By these rules the Piraungaru men and women must be legal intermarriageable persons (Nupa); their regulated paramourship is not, by tribal law, what we, or the natives, deem "incestuous." On the other hand, at Fijian seasons of license, even the relationship of brother and sister – the most sacred of all to a savage – is purposely profaned. Brothers and sisters are "intentionally coupled" at the feast of license called Nanga. The object is to have "a regular burst," and deliberately violate every law. Men and women "publicly practised unmentionable abominations."35
The Fijians are infinitely above the Urabunna in civilisation, being an agricultural people. Their Nanga feast is also called Mbaki