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
We have now traced in broad outline the extent of wife-purchase, and
studied its general character and its principal forms. It appears
essentially as a real contract of sale between third parties.
Technically, at least, the bride and sometimes the bridegroom have
nothing to do with the transaction. We have seen incidentally that
the purchase-contract tends to become a ceremonial conveyance, and
the bride-price to disappear in the dower. This transition is a
fact of great social and legal import, and must therefore receive
further attention. But, first, another question of interest arises:
What is the place of wife-purchase in the evolution of human sexual
relations? If it was not preceded by wife-capture as a general
phase, is it the primitive method of contracting marriage? Or,
to resolve the question into a more convenient form, what is the
antiquity of mutual agreement as the basis of matrimonial union
between a man and a woman?
On its face, marriage by purchase appears as an institution which
could arise only after considerable sociological and mental progress
had been made. It implies relatively advanced ideas of property and
social organization. Precisely the same is true, in a less degree,
of wife-stealing, particularly of the systematic capture of women.
It implies for one thing an appreciation of the economic value of
woman's services which is wholly inconsistent with most primitive
conditions. There are strong indications that in the beginning
of distinctly human history marriage arose in the mutual consent
of the parties. Nay, to discover the prototype of the primitive
matrimonial contract it may be necessary to cross the boundary-line
which separates man from the lower animals. This fact seems to have
been too much neglected by writers on the history of marriage.
Post, indeed, throws out a significant suggestion. Among very low
races, he says, betrothal is a compact between the bride and the
bridegroom. As soon, however, as the genealogical organization is
further developed, marriage is changed from an individual relation
to a relation between families, and the betrothal becomes a
compact between the kindred groups. With the decay of the gentile
constitution marriage and betrothal gradually become again an
individual matter; so that in this regard the lowest and the highest
stages of culture present the same phenomena.[645]
[645] POST, _Familienrecht_, 158; _Afrikanische
Jurisprudenz_, I, 377, 378, where will be found examples of
peoples among whom free betrothal exists.
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