A History of Matrimonial Institutions, Vol. 1 of 3
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 ONE
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
It is an encouraging sign of advancing culture that history is gaining a deeper and broader meaning. We are really becoming interested, not merely in our political, but also in our entire biological, psychological, and social evolution. Although such phrase-making is nearly always misleading, there would perhaps be more truth in saying that history is past sociology and sociology present history than in Freeman's well-known epigram. In particular, the human family, with all that the word connotes, is commanding greater attention. Yet there is urgent need that its rise and social function should have far more earnest study than they now receive. The family and its cognate institutions ought to enter more fully into popular thought; and they should have much larger relative space in the educational program. From the home circle to the university seminar they are worthy to become a vital part of systematic social training. In the hope of aiding somewhat in winning for them due scientific recognition, this book is written. It seems not impossible that a sustained history of the matrimonial institutions of the English race in its three homes may prove a positive advantage, especially in gathering the materials and planning the work for more detailed investigations. Moreover, a thorough understanding of the social evolution of any people must rest upon the broader experience of mankind. Accordingly, in Part I the attempt is made to present a comprehensive and systematic analysis of the literature and the theories of primitive matrimonial institutions.
George Elliott Howard
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PREFACE
ANALYTICAL TABLE OF CONTENTS
I. STATEMENT OF THE THEORY
II. CRITICISM OF THE THEORY BY SPENCER AND McLENNAN
III. THE THEORY IN THE LIGHT OF RECENT RESEARCH
I. BACHOFEN AND HIS DISCIPLES
II. MORGAN'S CONSTRUCTIVE THEORY
III. McLENNAN'S CONSTRUCTIVE THEORY
I. THE PROBLEM OF PROMISCUITY
II. THE PROBLEM OF MOTHER-RIGHT
III. THE PROBLEM OF EXOGAMY
IV. THE PROBLEM OF THE SUCCESSIVE FORMS OF THE FAMILY
II. WIFE-PURCHASE AND ITS SURVIVAL IN THE MARRIAGE CEREMONY
III. THE ANTIQUITY OF SELF-BETROTHAL OR FREE MARRIAGE
IV. PRIMITIVE FREE MARRIAGE SURVIVING WITH PURCHASE, AND THE DECAY OF THE PURCHASE-CONTRACT
I. THE RIGHT OF DIVORCE
II. THE FORM OF DIVORCE
III. THE LEGAL EFFECTS OF DIVORCE
IV. FREQUENCY OF DIVORCE
I. THE PRIMITIVE REAL CONTRACT OF SALE AND ITS MODIFICATIONS
II. RISE OF FREE MARRIAGE: SELF-BEWEDDUNG AND SELF-GIFTA
I. THE EARLY CHRISTIAN DOCTRINE AND THE RISE OF THE CANONICAL THEORY
II. CLANDESTINE MARRIAGES THE FRUIT OF THE CANONICAL THEORY
III. THE EVILS OF THE SPIRITUAL JURISDICTION
IV. PUBLICITY SOUGHT THROUGH BANNS AND REGISTRATION
I. AS TO THE FORM OF MARRIAGE
II. AS TO THE NATURE OF MARRIAGE
III. CHILD-MARRIAGES IN THE AGE OF ELIZABETH
I. CROMWELL'S CIVIL MARRIAGE ACT, 1653
II. FLEET MARRIAGES AND THE HARDWICKE ACT, 1753
III. THE PRESENT ENGLISH LAW
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