A History of Matrimonial Institutions, Vol. 1 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 1 of 3
Howard, George Elliott
Families; Marriage -- History
Very often capture and purchase are found united in such a way
that they seem almost to be contending with each other for the
mastery.[566] This union occurs in two general forms: either the
woman elopes or is carried off without the guardian's consent,
and a reconciliation is subsequently effected through payment of
the bride-price or the rendering of a composition; or else the
stipulation of the price is made before the abduction. In the
latter case it is plain that we are dealing merely with ceremonial
capture; in the former case the significant fact is that we have to
do with a breach of the law.[567] A price is paid for the stolen
woman because, like other property, she has an economic value; or a
penalty is rendered in order to escape the blood-feud. Frequently,
however, even when abduction occurs without the consent or knowledge
of the girl's friends, the subsequent procedure in arranging the
price or the penalty is strictly regulated by custom; and this fact
may perhaps be regarded as a further proof that the forms under
consideration, in special instances, represent a transition from
capture to contract. Among the Galela and Tobelorese,[568] for
example, when a man wishes a woman of a hostile tribe or family, he
causes her to be abducted, as she goes out for water or wood, by
twenty or more of his female friends, who bind her, if she resists,
and bear her away to his house. Should the relatives of the girl
attempt a rescue by force, the villagers assemble and try to effect
a reconciliation. Pending the stipulation of the bride-money, the
girl is allowed to escape to her home, where she is carefully
watched. On the third day the friends assemble to discuss the price.
If the woman has not lived with the man, she may then refuse him;
otherwise the payment of the price is finally arranged.[569] In
case of elopement it is the custom among the same people for the
lovers to fly to the forest or to take refuge in a "prahu" on the
sea, where they remain a month. On their return they are received in
the house of the girl's parents. If the lover pays the bride-money,
the woman follows him to his house; otherwise he must remain with
his wife, and the children legally belong to the mother.[570] With
the Bataks of Sumatra good form requires that the bridegroom should
leave behind a weapon, a piece of clothing, or some similar article
as a token that he has abducted the bride. Thereupon, when the
bride-money is paid the marriage is regarded as legally complete.
Should no token be left, however, the rape is illegal and the
culprit may receive punishment.[571]
[565] MCLENNAN, _op. cit._, I, 41, 42, as evidence
of wife-capture, gives the following stanzas, taken from
GREY'S _Travels_, II, 313:
Public-domain text, read in full here on John Shaqi.
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