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
It appears, then, so far as present investigation enables us to
determine, that there is not sufficient evidence for assuming that
wife-capture, except in isolated cases, has generally grown into
marriage by purchase. As a rule, even among the lowest races,
foreign or warlike capture is an exceptional method of procuring
wives; while bride-stealing at home, though the symbol may
sometimes be sanctioned, is merely looked upon as illegal or even
immoral;[573] and, therefore, with advancing civilization it yields
to contract as the highest means of effecting a marriage.[574]
[573] Among the Nez-Percés Indians, for example, runaway matches
are not unknown, but "the woman is in such cases considered a
prostitute, and the bride's parents may seize upon the man's
property."--BANCROFT, _Native Races_, I, 277.
[574] The view presented in the text should be compared with
BERNHÖFT'S judgment. Granting that capture was crowded
out by purchase, he does not think, with DARGUN,
that it was effected through abduction by prior or subsequent
payment of the composition or price; but rather that it
gradually disappeared in consequence of the severe penalties
imposed for breach of the law and other disadvantages; so
that "in Folge dessen der schon früher durchaus übliche Kauf
zur alleinigen Eheschliessungsform wurde."--"Principien des
eur. Familienrechts," _ZVR._, IX, 401. _Cf._ the theory of
HILDEBRAND, _Ueber das Problem_, 17-22, who thinks rape
follows purchase, at least in the form of gifts, but that it is
of comparatively little importance; and MUCKE, _Horde
und Familie_, 111 ff., 139 ff., who reaches the same result in
a different way. See also DARGUN, _Mutterrecht und
Vaterrecht_. 120-22, 127, where the "illegal" nature of capture
is admitted.
Having now considered its relation to capture, let us next notice
the significance of wife-purchase as a social institution.
Public-domain text, read in full here on John Shaqi.
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