A History of Matrimonial Institutions, Vol. 1 of 3 — John Shaqi
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
Of the family relations of our primitive ancestors in the _rita_
period we know little, except through inference or analogy. The
so-called "natural forms" of marriage by purchase and capture were
doubtless practiced, but probably not exclusively; and these customs
were handed down to the second period, though they were modified to
bring them into harmony with the higher ethical and social ideas
which had then gained predominance.[63] Whether or not the absolute
power of the father and the strict rule of agnation prevailed it
would be as difficult to affirm as to deny.[64] In the _dharma_
period the ancient _rita_ conception of marriage as an ordinance
of nature, whose real purpose is to provide posterity, is still
retained; but it gains a social character.[65] The central principle
of the Aryan household is the Hestia-Vesta cult, or the worship of
the sacred hearth. To gain the protection of the ancestral gods
the hearth-fire must be kept always burning; and the care of the
family _sacra_ is the special function of the house-father, who is
lord and priest of the family. But the house-mother holds a worthy
position in the domestic worship. From the first kindling of the
hearth-fire at the nuptials, she appears as co-priestess and helper
of her husband in the sacred rites. The whole life-partnership of
the wedded pair is shaped and dominated by lofty religious motives.
The Aryan housewife is not the chattel of her husband; she is a
free woman and shares in his highest sacred functions. The primary
purpose of the union is the birth of a legitimate son to perpetuate
the paternal line and to foster the ancestral cult.[66] So paramount
is this motive that, in case no son is born in wedlock, resort may
be had to adoption, or to analogous expedients for the fictitious
extension of fatherhood. For among the Aryans, as Maine suggests,
the fiction of adoption is of the highest legal importance; and,
indeed, very widely among the races of mankind it has served a
useful purpose in social progress.[67] Here also the Aryan wife
appears as co-priestess with her husband. Each is regarded as having
a share in the begetting of the child, and they unite in giving
the son in adoption to another household.[68] Accordingly the wife
is not the mere chattel of her husband, who owns the children by
virtue of his proprietorship in the mother.[69] The house-father
appears in the sacred books as lord of the wife, who owes him
reverence and obedience; yet she is not reduced to patriarchal
slavery. With the husband she exercises joint control over the sons;
and these are released entirely from parental authority when they
marry and establish new households.[70] The male line takes legal
precedence; but the maternal kindred are clearly recognized in a
way wholly inconsistent with strict agnation.[71] According to the
primitive Indic conception the wife is regarded as incapable of
property. Neither the widow nor the daughters could inherit, the
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