82 The Growth of the Marriage Relation. 



as a concerted matter of form, to make valid the marriage." 

 He adds : " The test, then, of the presence of the symbol 

 in any case is, that the capture is concerted, and is preceded 

 by a contract of marriage. If there is no preceding con- 

 tract, the case is one of actual abduction." * It would be 

 thought, therefore, that cases of abduction are excluded 

 from a consideration of " marriage by capture " ; instead of 

 which, however. Dr. McLennan bases his explanation of the 

 ceremony on the early theft of women of foreign tribes, 

 which he thinks became symbolized "among exogamous 

 tribes, out of respect for immemorial usage, when friendly 

 relations came to be established between tribes and families, 

 and their members intermarried by purchase instead of 

 capture." I have elsewhere given my reasons for dissent- 

 ing from this conclusion, which appears not to be warranted 

 by the facts. What is called "marriage by capture," is 

 really " ceremonial capture in marriage." It has relation 

 to the contract of marriage, the pre-existence of which is 

 its essential condition, and it refers in t\ie first place to the 

 bride; and secondly to the offspring of the marriage itself. 

 The latter is the most important feature, and it depends 

 on the fact that the effect of the contract of marriage is to 

 take away from the family group of tlie bride the children 

 to l)e born of the marriage, and give them to the family 

 group of the husband. The ceremony may possibly be in 

 imitation of actual cai)ture. If so, however, it is not evi- 

 dence of a former general condition of society when women 

 were stolen for wives, but it is rather a recognition of the 

 fact that women captured during warfare belong to the 

 victors, and that their children are incorporated with the 

 conquering people. Ceremonial capture is, indeed, often in 

 the nature of a feigned combat between the relatives of the 

 bridegroom and those of the bride; in which tlie former 

 are successful only because this is required by the agree- 

 ment previously entered into between the parties. There 

 is another object in view, however, which is probably the 

 most important motive of the whole ceremonial. It ojjer- 

 ates as a public announcement of the marriage and of the 

 consequences to flow froni it. Where the bride's consent 

 has not already been obtained, she usually has the oppor- 

 tunity of refusing to be captured, or of afterwards leaving 

 tlie husband chosen for her. The consent of tlie bride's 



Studies in Ancieut Histor>% p. 1" 



