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
"Wherefore came you, Weerang,
In my beauty's pride,
Stealing cautiously,
Like the tawny boreang,
On an unwilling bride?
'Twas thus you stole me
From one who loved me tenderly.
A better man he was than thee,
Who having forced me thus to wed,
Now so oft deserts my bed.
Yang, yang, yang, yoh.
"Oh, where is he who won
My youthful heart;
Who oft used to bless
And called me loved one?
You, Wearang, tore apart
From his fond caress
Her whom you desert and shun;
Out upon the faithless one!
Oh, may the Boyl-yas bite and tear
Her, whom you take your bed to share.
Yang, yang, yang, yoh."
[566] DARGUN, _Mutterrecht und Raubehe_, 85-87, thinks
we have in these forms a transition from actual to formal
wife-capture. Possibly they may represent in particular instances
transition from capture to purchase. _Cf._ POST,
_Familienrecht_, 142 ff., 147 ff. for numerous examples; and
KOHLER, "Studien," _ZVR._, V, 337 ff.
[567] Compare BERNHÖFT, "Principien des eur.
Familienrechts," _ZVR._, IX, 394, 395, who believes that in
Europe rape was never a "legal form" of marriage. It was merely
a "preliminary act." Among primitive men no difference is made
between fact and law; and only in this sense can wife-capture be
regarded as the foundation of a marriage; _ibid._, 392, 393.
[568] Inhabitants of the Malay island of Djilolo. _Cf._
RIEDESEL, "Galela und Tobeloresen," _ZFE._, XVII (1885).
[569] POST, _op. cit._, 148.
[570] _Ibid._, 151, 152.
[571] _Ibid._, 148, 149. For other examples of leaving a token
see _ibid._, 149, 150.
Very naturally elopement or abduction most frequently takes place
when it is difficult or impossible to bring about the marriage in
the legal or customary way. Either the parties belong to groups
between which _jus connubii_ does not exist; or the lover is too
poor to pay the price demanded for the bride; or else the parents
refuse their consent. Here we have an example of the operation of
simple motives with which society, at all times and in all places,
has been familiar. Such marriages, it has been pointed out, are
usually marriages of inclination at least on the side of the lover,
as opposed to the conventional marriage by purchase.[572]
[572] _Ibid._, 138, 154 ff. An excellent illustration is afforded
by Kalmuck custom: KOEHNE, "Das Recht der Kalmücken,"
_ZVR._, IX, 462.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account