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
Throughout all Micronesia and in many parts of Melanesia marriage
implies the consent of the betrothed. The New Caledonian girl is
thus always consulted; and, if forced to obey her parents, she takes
the first opportunity to elope with the man of her choice.[699]
In the New Britain group "after the man has worked for years to
pay for his wife, and is finally in a position to take her to his
house, she may refuse to go, and he cannot claim back from the
parents the large sums he has paid them in yams, cocoanuts, and
sugar-canes."[700] Betrothal by the guardian and self-marriage
appear together in Burma. In the first case the daughter is given
by her father in return for service and gifts. Her consent is not
essential; but if she runs away from her husband more than three
times, she is free, and her parents retain the gifts. In the second
case the girl elopes without the guardian's consent, a recognized
marriage relation being thus established, though the guardian
may reclaim the bride. Should she, however, return thrice to her
husband, she remains his legal wife.[701] "Among the Minahassers
of Celebes courtship or love-making 'is always strictly an affair
of the heart and not in any way dependent upon the consent or even
wish of the parents.'"[702] The Rejang suitor of Sumatra elopes with
the girl and pays the price afterwards; and such is often the case
in Australia, among the uncivilized tribes of India, and throughout
the Indian Archipelago. In all these cases, as well as among some of
the Turanian peoples of central and northern Asia, the choice of the
woman, even without elopement, is usually decisive, though often the
arrangement of the marriage belongs legally to the parents.[703]
[699] For these examples see WESTERMARCK, _op. cit._,
218, notes.
[700] WESTERMARCK, _op. cit._, 218. According to
KOHLER, "Studien," _ZVR._, V, 385, actual wife-capture
still exists in the New Britain islands. "Es kommt vor,
dass die Frau dem ersten Mann weggenommen wird und dass
die Leiche des getödteten ersten Mannes das Hochzeitsmahl
bildet."--POWELL, "Unter den Cannibalen," _Globus_
(1884), 328.
[701] KOHLER, "Das Recht der Birmannen," _ZVR._, VI,
166, 168.
[702] WESTERMARCK, _op. cit._, 219.
[703] See WESTERMARCK, _op. cit._, 218-20, and the
many examples there mentioned, with citation of the sources;
and compare POST, _Familienrecht_, 166, 168, 169,
_passim_; KOHLER, in _ZVR._, V, 354 ff.; WAKE,
_op. cit._, 215, 216; PRJÉVALSKI, _Mongolie et pays
des Tangoutes_ (1880), 47, 207; HUC, _Travels in
Tartary_, I, 52, 185. For female choice in Australia: FISON
AND HOWITT, _Kamilaroi and Kurnai_, 234, 242, 326, 327
(Kurnai); 276, 280, 289, 348-54 (elopement). The Kalmuck wife is
a free woman: KOEHNE, "Das Recht der Kalmücken," _ZVR._,
IX, 463; and WAKE gives interesting proofs of the
coexistence of real affection with polygyny and purchase: _op.
cit._, 218.
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