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
the wife has no longer relatives to receive her, then the seven
assigned grounds fail, the divorce is not only forbidden but void,
and the husband must retain his wife."[769] This is not the only
wise and righteous provision of the Chinese law, however despotic
as a rule may be the husband's power. Normally the wife cannot sue
for divorce; still practically she enjoys the right of separation
in several important contingencies. Under judicial approval, for
instance, she may release herself from the marriage bond in case
of three[770] years' desertion without word from her husband. So
likewise, when she suffers grave insult from the husband's parents,
she may return to her own family, reclaim her dotal gift, and demand
a contribution for her support.[771]
[760] These cases are discussed by POST,
_Familienrecht_, 253-55; _idem_, _Grundlagen_, 269; _idem_,
_Afrikanische Jurisprudenz_, I, 439-41; LETOURNEAU,
_op. cit._, 286 ff.; WESTERMARCK, _op. cit._, 523, 524;
FRIEDRICHS, "Familienstufen und Eheformen," _ZVR._, X,
251.
[761] On these so-called "Zeitehen" and "Ehen auf Proben,"
in addition to the references, chap. ii, p. 49, note 2, see
POST, _Familienrecht_, 75-79; _idem_, _Afrikanische
Jurisprudenz_, I, 321-23; STARCKE, _Primitive Family_,
258-60; WESTERMARCK, _op. cit._, 523, 524, who
apparently includes these cases under the head of divorce for
sterility. "Proof-marriages" are said even now to be customary in
Yorkshire: BUNSEN, in _ZFE._, XIX, 376; POST,
_op. cit._, 77; and a good example is afforded by the Scotch
"hand-fasting" prevalent in the eighteenth century: "Two chiefs
agreed that the heir of the one should live with the daughter
of the other as her husband for a year and a day; if at the
end of that time the woman had become a mother, or, at any
rate, if she was pregnant, the marriage was regarded as valid,
even if unblest by a priest;" otherwise the connection was
dissolved: STARCKE, _op. cit._, 260; SKENE,
_The Highlanders of Scotland_ (London, 1837), 166. _Cf._
TEGG, _The Knot Tied_, 222, 223; BRAND,
_Popular Antiquities_, II, 87, 88; BULLINGER, _The
Christen State of Matrimonye_ (1541), 48, 49; WOOD, _The
Wedding Day_, 113, 184, 185; STILES, _Bundling_, 17, 19.
For examples of temporary unions among the American Indians see
WESTERMARCK, _op. cit._, 518, 519. Such marriages are
found among the Winnebagoes: THWAITES, in _Wis. Hist.
Coll._, XII, 427.
[762] WESTERMARCK, _op. cit._, 524: _ap._
KOLBEN, _The Present State of the Cape of Good-Hope_
(London, 1731), I, 157. However, this rule may in practice have
little meaning: see POST, _Afrikanische Jurisprudenz_,
I, 435, who also cites Kolben.
[763] DAWSON, _Australian Aborigines_, 33.
[764] For the impediments to matrimony, all of which are
diriment, see MÖLLENDORFF, _Das chin. Familienrecht_,
9-20.
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