Transcriber's Note: Italic text is denoted by _underscores_. Small capital text has been replaced with all capitals. The carat character (^) indicates that the following letter is superscripted (example: y^e). If two or more letters are superscripted they are enclosed in curly brackets (example: fath^{rs}). [~x] depicts a tilde above a letter or letters. (example: Footnote 395: G[~r]all) [=x] depicts macron above a letter. (example: O[=p]ression) [x=] depicts macron below a letter. (example: [p=]son) * * * * * A HISTORY OF MATRIMONIAL INSTITUTIONS CHIEFLY IN ENGLAND AND THE UNITED STATES WITH AN INTRODUCTORY ANALYSIS OF THE LITERATURE AND THE THEORIES OF PRIMITIVE MARRIAGE AND THE FAMILY BY GEORGE ELLIOTT HOWARD PH.D. PROFESSORIAL LECTURER IN THE UNIVERSITY OF CHICAGO AUTHOR OF "LOCAL CONSTITUTIONAL HISTORY OF THE UNITED STATES" VOLUME TWO CHICAGO THE UNIVERSITY OF CHICAGO PRESS CALLAGHAN & COMPANY LONDON T. FISHER UNWIN, PATERNOSTER SQUARE 1904 COPYRIGHT 1904 THE UNIVERSITY OF CHICAGO Entered at Stationers' Hall MAY, 1904 TO Alice Frost Howard HER HUSBAND DEDICATES THIS BOOK IN GRATEFUL RECOGNITION OF HER AID IN MAKING IT ANALYTICAL TABLE OF CONTENTS VOLUME ONE PART I ANALYSIS OF THE LITERATURE AND THE THEORIES OF PRIMITIVE MATRIMONIAL INSTITUTIONS PAGES CHAPTER I. THE PATRIARCHAL THEORY 3-32 I. Statement of the Theory 9-13 II. Criticism of the Theory by Spencer and McLennan 14-17 III. The Theory in the Light of Recent Research 18-32 CHAPTER II. THEORY OF THE HORDE AND MOTHER-RIGHT 33-89 I. Bachofen and His Disciples 39-65 II. Morgan's Constructive Theory 65-76 III. McLennan's Constructive Theory 77-89 CHAPTER III. THEORY OF THE ORIGINAL PAIRING OR MONOGAMOUS FAMILY 89-151 I. The Problem of Promiscuity 90-110 II. The Problem of Mother-Right 110-117 III. The Problem of Exogamy 117-132 IV. The Problem of the Successive Forms of the Family 132-151 CHAPTER IV. RISE OF THE MARRIAGE CONTRACT 152-223 I. Wife-Capture and the Symbol of Rape 156-179 II. Wife-Purchase and Its Survival in the Marriage Ceremony 179-201 III. The Antiquity of Self-Betrothal or Free Marriage 201-210 IV. Primitive Free Marriage Surviving with Purchase, and the Decay of the Purchase-Contract 210-223 CHAPTER V. EARLY HISTORY OF DIVORCE 224-250 I. The Right of Divorce 224-240