(•rii.iM;s nv s(K loi.otiv. < i 



to Ik- justiff. Ill >urli cjiH- it iiiav li;i|>|Mii tliat a man 

 wlio lu'loiius to a laiur male liioup. liav-iii^ riiilits ol' mar- 

 riage in a small IrmaN- liioui). will, with his IViciids. 

 rajiturc a initlr liom xhik- larger i:r<)U|» iA' women. This 

 is always ivsistcd. and conliict i-nsues. If tiic capturini; 

 parly succeed the law then holds that the waiiare was tlie 

 final arhitrameni an<I the controversy ends: and if the 

 capturing party fail (he contest nuisl. in like manner, cease. 



Third, ^hlrria,^l' l>v capture develops into a third form. 

 A man heinii entitled to mori' than one woman is chal- 

 lenticd liy a man who. hy the vicissitudes of life and 

 death, is entitled to none, and the ri^ht to a woman is thus 

 decided by wa<i,er of battle l)etween tlm two men immedi- 

 ately interested. This duel is gradually reuulate<l hy law 

 in such a manner tliat fatal results do not ensue, and the 

 conflict ends controver.sy, and thereafter the disputants are, 

 themselves, friends. 



These three forms of marriaiic — by elopement, by cap- 

 ture, and by duel, are uradually reGfulated, and come to 

 be recoj^nized as legal, and so communal marriage is 

 developed into i)olygamic and monogamic marriage; and 

 thus by a long i)rocess the Malayan system of marriage and 

 the ^hdayan system of kinship are developed into the mono- 

 gamic family and kinship. 15ut it usually happens that the 

 .sy.stem of kinship remains longer than the .system of mar- 

 riage, that is. the evolution of language does not keep pace 

 with the evolution of customary law, so we find many tribes 

 having the Malayan .system of kinshij). yet not having the 

 Malayan .sy.stem of marriage, but having jtolygamic mar- 

 riage, and marriage by legal appointment, and with these 

 marriage by elopement, by capture, and by duel. 



In the family law of very early society we discovered that 

 descent is in the female line, that the control of the 

 children belongs to the mother ami hei- consanguineal kin- 

 dred, and that the fatluM- and his kindred have no e«jntrol 

 over the family. The husband is but the guest of the wife 

 an<l her friends. 



During the process of develoj>ment from conununal mar- 

 riage, and the system of kinship involved, to monogamic 



