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
He may even take several wives in order to dispose
of them in this way; thus adding to his importance and giving
evidence of his "strong heart."[750] Among the Abipones divorces
are as frequent "as changing of the dress in Europe." If "their
wives displease them, it is sufficient; they are ordered to decamp."
The husband's right is unrestrained by the law; but, "appointing a
drinking-party, wherein the memory of injuries is refreshed in the
minds of the intoxicated guests, the relations fiercely avenge the
dishonor done to the repudiated wife."[751] The Tasmanian husband,
when dissatisfied or when a liberal offer is made, may "transfer"
his spouse like a slave; but in Luzon a divorce is more difficult,
for the wedding gifts must be redistributed among the donors.[752]
With "the ancient Hebrews, Greeks, Romans, and Germans, dislike was
regarded as a sufficient reason for divorce."[753] Such is also
the case on the island of Nias;[754] while among the Galela and
Tobelorese the man may put away his wife on account of laziness; and
elsewhere he may do the same because she is tiresome or because she
lacks skill for household service.[755]
[743] For these cases see WESTERMARCK, _op. cit._,
520-23; POST, _Familienrecht_, 253, 254; _idem_,
_Afrikanische Jurisprudenz_, I, 433-36; _idem_, _Grundlagen_,
268, 269; FRIEDRICHS, "Familienstufen und Eheformen,"
_ZVR._, X, 251, 252; KOHLER, "Studien," _ibid._,
V, 340, 341 (Mongols and Tunguse); _idem_, "Ueber das Recht
der Koreaner," _ibid._, VI, 403; and LETOURNEAU,
_L'évolution du mariage_, 286 ff., 289 ff.
[744] MCLENNAN, _Studies_, I, 141, 142, note;
POST, _Familienrecht_, 253. But this is not the general
rule, as below shown.
[745] POST, _Afrikanische Jurisprudenz_, I, 433 ff.;
WAITZ, _Anthropologie_, II, 109, 115 (only the woman
legally capable of adultery), 120; MUNZINGER, _Ostaf.
Studien_, 320 (Beni Amer).
[746] POST, _Familienrecht_, 253.
[747] WESTERMARCK, _op. cit._, 520, 521.
[748] POWERS, _Tribes of Cal._, 56.
[749] _Ibid._, 178.
[750] After the wife is "thrown away" the husband becomes a
"young man" again, and seeks new partners: BECKWITH,
"Customs of the Dakotahs," _Rep. Smith. Inst._, 1886, Part
I, 256. _Cf._ also on the man's absolute right of divorce,
DORSEY, "Siouan Sociology," _XV. Rep. of Bureau of
Eth._, 225.
[751] DOBRIZHOFFER, _Account_, II, 210-12, 96, 138;
_cf._ GUIMARÃES, "Memoria," _Revist. Trim. Hist._, VI,
307.
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