[561] Kohler, "Das Negerrecht," ZVR., XI. 432 ff., 436; "Studien," ibid., V, 350; Westermarck, op. cit., 384; Rehme, "Das Recht der Amaxosa," ZVR., X, 38.
[562] For additional examples of the coexistence of real or pretended capture with purchase or its allied forms, see especially Kohler, "Studien," ZVR., V, 334-68; idem, "Indische Gewohnheitsrechte," ibid., VIII, 264 (Orissa); idem, "Ueber das Recht der Papuas," ibid., VII, 378, 379 (actual purchase and capture de facto); also Post, Familienrecht, 138 ff., 142 ff., 147 ff.; Westermarck, op. cit., 383, 384, 386-88, 399, 401; McLennan, Studies, I, 38, 39; Letourneau, op. cit., 120, 126, 144.
[563] Westermarck, op. cit., 383.
[564] Fison and Howitt, Kamilaroi and Kurnai, 276, 285, 343 ff., 347, 348, 352-56; Kohler, "Das Recht der Australneger," ZVR., VII, 351, 352; Curr, The Australian Race, I, 107; Post, Familienrecht, 205, 206; Westermarck, op. cit., 390; McLennan, op. cit., I, 40. By the Tualcha mura custom, above referred to, a daughter is promised before she is born: Spencer and Gillen, Native Tribes of Cent. Australia, 554-60.
[565] McLennan, op. cit., I, 41, 42, as evidence of wife-capture, gives the following stanzas, taken from Grey's Travels, II, 313:
"Wherefore came you, Weerang,
In my beauty's pride,
Stealing cautiously,
Like the tawny boreang,
On an unwilling bride?
'Twas thus you stole me
From one who loved me tenderly.
A better man he was than thee,
Who having forced me thus to wed,
Now so oft deserts my bed.
Yang, yang, yang, yoh.
"Oh, where is he who won
My youthful heart;
Who oft used to bless
And called me loved one?
You, Wearang, tore apart
From his fond caress
Her whom you desert and shun;
Out upon the faithless one!
Oh, may the Boyl-yas bite and tear
Her, whom you take your bed to share.
Yang, yang, yang, yoh."
[566] Dargun, Mutterrecht und Raubehe, 85-87, thinks we have in these forms a transition from actual to formal wife-capture. Possibly they may represent in particular instances transition from capture to purchase. Cf. Post, Familienrecht, 142 ff., 147 ff. for numerous examples; and Kohler, "Studien," ZVR., V, 337 ff.
[567] Compare Bernhöft, "Principien des eur. Familienrechts," ZVR., IX, 394, 395, who believes that in Europe rape was never a "legal form" of marriage. It was merely a "preliminary act." Among primitive men no difference is made between fact and law; and only in this sense can wife-capture be regarded as the foundation of a marriage; ibid., 392, 393.
[568] Inhabitants of the Malay island of Djilolo. Cf. Riedesel, "Galela und Tobeloresen," ZFE., XVII (1885).
[569] Post, op. cit., 148.