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
Not less diversified are the customs governing the effects of
divorce; and here, as in the case of its varying forms and
conditions, one is almost as often surprised by the reasonableness
and stability of early institutions as he is shocked at their
harshness or injustice when regarded from the civilized standpoint.
In the disposal of the children the existing system of kinship is
very widely determinative. Among a great many peoples, in case of
separation, the children follow the father or the mother according
as mother-right or father-right prevails;[797] and where a mixed
system, or rather a coincidence of mother-right and paternal
authority,[798] is found, or else relationship is cognatic, they
are divided between the parents or their kindred.[799] The division
is determined by a variety of rules among different peoples. Often
they are equally divided, regardless of sex.[800] Sometimes, as in
Bulgaria,[801] Burma,[802] and among the Natchez Indians,[803] the
daughters follow the mother and the sons remain with the father.
In still other cases, as in certain South Slavonian districts,
the father takes the adult children, while those of tender years
are left in the mother's hands. Such is the rule in Zara and in
Bosnia.[804] In Lika, according to Krauss, when all the children
are males, the mother receives the minors, if the father consents;
but when they are of both sexes, the sons follow the father and
the daughters the mother. In this last case, however, the man is
required to pay the divorced woman whatever is needed to supply
the bridal outfit of the daughters when they reach marriageable
age. When it happens at the time of separation that all the
children are grown-up daughters, they are allowed a free choice
between the parents. Should none remain with the father, the mother
and daughters are entitled to all the property gained during
marriage.[805] Often in case of divorce the children belong to the
innocent party;[806] unless children are regarded as a burden, when
the opposite rule prevails;[807] or unless the system of kinship
determines the disposition of the offspring, when an equitable
adjustment is otherwise made. Thus among the African Fantis of
the Gold Coast--where by law the children belong to the mother's
family--in case of divorce through fault of the woman, the man is
entitled to a sum equal to 22s. 6d. for each child; and when by
stipulation the sons remain with the father, he is nevertheless not
permitted to sell them or put them in pawn. If the divorced wife
cannot restore to the husband the price paid for her, the children
are left with him as a pledge for the debt until by their service
they have paid it with 50 per cent. interest. In this way, we are
told, children often become slaves for life to their own father and
as such are even transmitted to his heirs.[808]
Public-domain text, read in full here on John Shaqi.
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