[148] Mr. Thomas has come to the same result in his book on ‘Kinship and Marriage in Australia,’ which appeared when the present chapter was already in type. A detailed examination of the facts which have been adduced as evidence of Australian group marriage (p. 127 sqq.) has led him to the conclusion (p. 147) that prevailing customs in Australia, far from proving the present or former existence of group marriage in that continent, do not even render it probable, and that on the terms of relationship no argument of any sort can be founded which assumes them to refer to consanguinity, kinship, or affinity. “It is therefore not rash to say that the case for group marriage, so far as Australia is concerned, falls to the ground.” See infra, [Addit. Notes].
[149] Howitt, ‘Native Tribes of South-East Australia,’ in Folk-Lore, xvii. 185.
[150] Idem, Native Tribes of South-East Australia, p. 281.
The time during which marriage lasts varies extremely in the human race.[151] There are unions which, though legally recognised as marriages, do not endure long enough to deserve to be so called in the natural history sense of the term; there are others which are dissolved only by death. As has already been pointed out, it is probable that among primitive men the union of the sexes lasted till after the birth of the offspring, and we have perhaps some reason to believe that the connection lasted for years. On the whole, progress in civilisation has tended to make marriage more durable. It is evident that at the early stage of development at which women first became valuable as labourers, a wife was united with her husband by a new bond more lasting than youth and beauty. The tie was strengthened by the bride-price and the marriage portion. And a higher development of the paternal feeling, better forethought for the children’s welfare, in some instances greater consideration for women, and a more refined love passion have gradually made it stronger, until it has become in many cases indissoluble. Yet we must not conclude that divorce will in the future be less frequent and more restricted by law than it is now in European countries. It should be remembered that the laws of divorce in Christian Europe owe their origin to an idealistic religious commandment which, interpreted in its literal sense, gave rise to legal prescriptions far from harmonising with the mental and social life of the mass of the people. The powerful authority of the Roman Church was necessary to enforce the dogma that marriage is indissoluble. The Reformation introduced somewhat greater liberty in this respect, and modern legislation has gone further in the same direction. In those Christian states of Europe where absolute divorce is permitted the grounds on which it may be sued for are nearly the same for the man and the woman, except in England, where the husband must be accused of one or other of several offences besides adultery. In Italy, Spain, and Portugal, a judicial separation may always be decreed on the ground of the adultery of the wife, but, on the ground of the adultery of the husband, only if it has been committed under certain aggravating circumstances.[152] These laws imply that marriage is not yet a contract on the footing of perfect equality between the sexes; but there is a growing opinion that, where it is not, it ought to be so. Again, when both husband and wife desire to separate, it seems to many enlightened minds that the State has no right to prevent them from dissolving the marriage contract, provided the children are properly cared for; and that for the children, also, it is better to have the supervision of one parent only than of two who cannot agree.
[151] Westermarck, op. cit. ch. xxiii.
[152] Glasson, Le mariage civil et le divorce, pp. 291, 298, 304.
CHAPTER XLI
CELIBACY
AMONG savage and barbarous races of men nearly every individual endeavours to marry as soon as he, or she, reaches the age of puberty.[1] Marriage seems to them indispensable, and a person who abstains from it is looked upon as an unnatural being and is disdained. Among the Santals a man who remains single “is at once despised by both sexes, and is classed next to a thief, or a witch: they term the unhappy wretch ‘No man.’”[2] Among the Kafirs a bachelor has no voice in the kraal.[3] In the Tupi tribes of Brazil no man was suffered to partake in the drinking-feast while he remained single.[4] The natives of Futuna in the Western Pacific maintained that it was necessary to be married in order to hold a part in the happy future life, and that the celibates, both men and women, had to submit to a chastisement of their own before entering the fale-mate, or “home of the dead.”[5] According to Fijian beliefs, he who died wifeless was stopped by the god Nangganangga on the road to Paradise, and smashed to atoms.[6]
[1] Westermarck, History of Human Marriage, p. 134 sqq.