CHAPTER XXIII

THE DURATION OF HUMAN MARRIAGE

The time during which marriage lasts, varies very considerably among

different species. According to Dr. Brehm, most birds pair for

life,[3252] while among the mammals, with the exception of man and

perhaps the anthropomorphous apes, the same male and female scarcely

ever live together longer than a year.[3253] In human marriage every

degree of duration is met with—from unions which, though legally

recognized as marriages, do not endure long enough to deserve to be so

called, to others which are dissolved only by death.

There are a few remarkable instances of peoples among whom separation

is said to be entirely unknown. In the Andaman Islands, according to

Mr. Man, “no incompatibility of temper or other cause is allowed to

dissolve the union.”[3254] The same is said of certain Papuans of New

Guinea,[3255] and of several tribes of the Indian Archipelago who

have remained in their native state, and continue to follow ancient

custom.[3256] The Veddahs of Ceylon have a proverb that “death alone

separates husband and wife;” and Mr. Bailey assures us that they

faithfully act on this principle.[3257]

As a general rule, however, human marriage is not necessarily

contracted for life. The Indians of North America dissolve their

unions as readily as they enter into them. The Wyandots had, it

is said, marriages upon trial, which were binding for a few days

only.[3258] In Greenland, husband and wife sometimes separate after

living together for half a year.[3259] Among the Creeks, “marriage

is considered only as a temporary convenience, not binding on the

parties more than one year,” the consequence being that “a large

portion of the old and middle-aged men, by frequently changing, have

had many different wives, and their children, scattered around the

country, are unknown to them.”[3260] Speaking of the Botocudos, Mr.

Keane remarks that their marriages “are all of a purely temporary

nature, contracted without formalities of any sort, dissolved on the

slightest pretext, or without any pretext, merely through love of

change or caprice.”[3261] In Ruk, it frequently happens that newly

married husbands repudiate their wives;[3262] and, in the Pelew and

Kingsmill Groups, and among the aborigines of Northern Queensland,

divorces are of common occurrence.[3263] “Tasmanian lords,” says Dr.

Milligan, “had no difficulty, and made no scruple, about a succession

of wives.”[3264] Again, in Samoa, “if the marriage had been contracted

merely for the sake of the property and festivities of the occasion,

the wife was not likely to be more than a few days, or weeks, with her

husband.”[3265] In several of the Islands of the Indian Archipelago,

“in the regular marriages the parties are always betrothed to each

other for a longer or shorter time, sometimes not for more than a month

and at others for a period of years.”[3266] Among the Dyaks, there

are few middle-aged men who have not had several wives, and instances

have been known of young women of seventeen or eighteen who had already

lived with three or four husbands.[3267] Among the Yendalines in

Indo-China, it is rare for any woman to arrive at middle age without

having a family by two or more husbands.[3268] The Maldivians, as we

are informed by Mr. Rosset, are so fond of change that many a man

marries and divorces the same woman three or four times in the course

of his life.[3269] Among the Sinhalese, according to Knox, “both men

and women have frequently to marry four or five times before they can

settle down contented;”[3270] and Father Bourien says of the Mantras of

the interior of the Malay Peninsula, that it is not uncommon to meet

individuals who have married even forty or fifty different times.[3271]

Among the Munda Kols, Khasias, Tartars,[3272] and most Mohammedan

peoples,[3273] divorces are very frequent. According to Dr. van der

Berg, an even more fatal influence is exercised on family life in

the East by this laxity of the marriage tie than by polygyny.[3274]

Burckhardt knew Bedouins forty-five years old who had had more than

fifty wives.[3275] A “Sighe” wife in Persia is taken in marriage for

a certain legally stipulated period, which may vary from one hour to

ninety-nine years.[3276] In Cairo, according to Mr. Lane, there are not

many persons who have not divorced one wife, if they have been married

for a long time; and many men in Egypt have in the course of two years

married as many as twenty, thirty, or more wives; whilst there are

women, not far advanced in age, who have been wives to a dozen or

more men successively. Mr. Lane has even heard of men who have been in

the habit of marrying a new wife almost every month.[3277] In Morocco,

Dr. Churcher writes to me, a terrible state of things springs from the

ease with which divorce is obtained; a man repudiates his wife on the

slightest provocation and marries again. “One of the servants here,”

he continues, “is reported to have had nineteen wives already, though

he is still only middle-aged.” Indeed, among the Moors of the Sahara,

according to Mr. Reade, it is considered “low” for a couple to live

too long together, and “the leaders of fashion are those who have

been the oftenest divorced.”[3278] Lobo tells us that, in Abyssinia,

marriage was usually entered upon for a term of years;[3279] and,

among the Somals, separation is exceedingly common.[3280] Many negro

peoples marry upon trial or for a fixed time.[3281] Among the Negroes

of Bondo, a man may so often send away his wife and take a new one that

it is difficult to know who is the father of the children born.[3282]

Regarding the ancient Persians, Professor Rawlinson observes that the

easiness of divorce among the Magians was in accordance with Eranian

notions on the subject of marriage—“notions far less strict than those

which have commonly prevailed among civilized nations.”[3283] Among the

Greeks, especially the Athenians,[3284] and among the Teutons,[3285]

divorce often occurred; and in Rome, at the close of the Republic

and the commencement of the Empire, it prevailed to a frightful

extent.[3286]

Among uncivilized races, as a rule, and among many advanced peoples, a

man may divorce his wife whenever he likes. The Aleuts used to exchange

their wives for food and clothes.[3287] In Tonga, a husband divorces

his wife by simply telling her that she may go.[3288] Among the Hovas

of Madagascar, until the spread of Christianity, marriage was compared

to a knot so lightly tied that it could be undone with the slightest

possible touch.[3289] In Yucatan, a man might divorce his wife for the

merest trifle, even though he had children by her.[3290] Among the

ancient Hebrews,[3291] Greeks,[3292] Romans,[3293] and Germans,[3294]

dislike was considered a sufficient reason for divorce, which was

regarded as merely a private act.

Nevertheless, among a great many peoples, although a husband may

divorce his wife, he does so only under certain exceptional conditions,

marriage, as a rule, being concluded for life.[3295] The Greenlanders

seldom repudiate wives who have had children.[3296] Among the

Californian Wintun, according to Mr. Powers, it is very uncommon for

a man to expel his wife. “In a moment of passion he may strike her

dead, or ... ignominiously slink away with another, but the idea of

divorcing and sending away a wife does not occur to him.”[3297] Among

the Naudowessies, divorce is so rare that Carver had no opportunity

of learning how it is accomplished.[3298] Speaking of several tribes

on the eastern side of the Rocky Mountains, Harmon remarks that

separation between husband and wife is seldom permanent, the parties,

after a few days’ absence from one another, generally having an

inclination to come together again.[3299] The Iroquois, in ancient

times, regarded separation as discreditable to both man and woman,

hence it was not frequently practised.[3300] If an Uaupé takes a new

wife, the elder one is never turned away, but remains the mistress of

the house.[3301] Among the Charruas and Patagonians, marriage lasts,

as a rule, during the whole of life, if there are children.[3302]

And, concerning the Yahgans, Mr. Bridges writes that there have been

many instances amongst them of husband and wife living together until

separated by death. The same is the case in Lifu, as I am informed

by Mr. Radfield. In Tonga, according to Mariner, more than half of

the number of married women were parted from their husbands only by

death.[3303] Among the Maoris[3304] and the Solomon Islanders,[3305]

and in New Guinea,[3306] divorce is exceptional; and, even in

Tahiti, the birth of children generally prevented the dissolution of

marriage.[3307] In many of the islands of the Indian Archipelago,

divorce may, by law or custom, be readily obtained, but Mr. Crawfurd

says that it is very rarely sued for.[3308] The Garos, according to

Colonel Dalton, “will not hastily make engagements, because, when they

do make them, they intend to keep them.”[3309] Among the Karens, Dr.

Bunker writes, separations, save by death, are rare. Mr. Ingham informs

me that, among the Bakongo, there are plenty of instances of husband

and wife living together till death. Archdeacon Hodgson states the

same regarding the Eastern Central Africans, Mr. Swann regarding the

Waguha, Mr. Eyles regarding the Zulus. Among the Cis-Natalian Kafirs,

according to Mr. Cousins, marriage, in the majority of instances, is

contracted for life.[3310] In the early days of Hebrew history, says

Ewald, it was only in exceptional cases that husbands made an evil use

of the right to divorce a wife.[3311] Among the Greeks of the Homeric

age, divorce seems to have been almost unknown, though it afterwards

became an everyday event in Greece;[3312] and in Rome, in the earliest

times, it was probably very little used.[3313]

Among many peoples custom or law has limited the husband’s power to

dispose of his wife, permitting divorce only under certain conditions.

Thus, among the Kukis, “if a woman has a son by her husband, the

marriage is indissoluble,” though, if they do not agree, and have

no son, the husband can cast off his wife and take another.[3314]

The Red Karens in Indo-China allow divorce if there are no children;

“but should there be one child, the parents are not permitted to

separate.”[3315] In the tribes of Western Victoria, described by Mr.

Dawson, a man can divorce a childless wife for serious misconduct,

but in every case the charge against her must first be laid before

the chiefs of his own and his wife’s tribes, and their consent to

her punishment obtained. If the wife has children, she cannot be

divorced.[3316] Among the Santals and the Tipperahs, divorce can be

effected only with the consent of the husband’s clansmen, or a jury of

village elders.[3317] Several tribes of the Indian Archipelago do not

allow a man to repudiate his wife, except in case of adultery;[3318]

and certain negro peoples have a similar rule, so far as the chief

or first wife is concerned.[3319] Among the Hottentots, according to

Kolben, a man may divorce his wife only “upon showing such cause as

shall be satisfactory to the men of the kraal where they live.”[3320]

Mr. Casalis states that, among the Basutos, “sterility is the

only cause of divorce which is not subject to litigation;”[3321]

and, according to Toda custom, the separation of married couples

does not seem to be lightly tolerated.[3322] Among certain lower

races the consent of the wife appears generally to be necessary for

separation.[3323]

Civilized nations, more commonly than savages, consider marriage a

union which must not be dissolved by the husband except for certain

reasons stipulated by law. Among the Aztecs, it was looked upon as a

tie binding for life, and divorce was always discouraged both by the

magistrates and the community. The husband could repudiate even his

concubines only for just cause and with the sanction of the courts, and

the chief wife only for malevolence, dirtiness, or sterility.[3324]

In Nicaragua, the sole offence for which a wife could be divorced

was adultery.[3325] The Chinese code enumerates seven just causes of

divorce—barrenness, lasciviousness, inattention to parents-in-law,

loquacity, thievishness, ill-temper, and inveterate infirmity,—and

a husband, except for one of these reasons, may not put away his

wife on pain of receiving eighty blows.[3326] But these pretexts for

divorce are very elastic. In one of the old Chinese books we read,

“When a woman has any quality that is not good, it is but just and

reasonable to turn her out of doors.... Among the ancients a wife was

turned away if she allowed the house to be full of smoke, or if she

frightened the dog with her disagreeable noise.”[3327] Nevertheless,

according to Mr. Medhurst, divorce is rare in China.[3328] In Japan

a man might repudiate his wife for the same reasons as in China.

But Professor Rein remarks that the Japanese seldom made use of

this privilege, especially if there were children, as education and

custom required that, in such cases, the wife should be treated with

kindness and consideration.[3329] In Arabia, Mohammed regulated the

law of divorce. “In the absence of serious reasons,” says Ibrâhîm

Halebî, “no Mussulman can justify divorce in the eyes either of

religion or the law. If he abandon his wife or put her away from

simple caprice, he draws down upon himself the divine anger, for ‘the

curse of God,’ said the Prophet, 'rests on him who repudiates his wife

capriciously.’”[3330] Practically, however, a Mohammedan may, whenever

he pleases, without assigning any reason, say to his wife, “Thou art

divorced,” and she must return to her parents or friends.[3331]

According to the ‘Laws of Manu,’ a wife “who drinks spirituous

liquor, is of bad conduct, rebellious, diseased, mischievous, or

wasteful, may at any time be superseded by another wife. A barren

wife may be superseded in the eighth year; one whose children all

die, in the tenth; one who bears only daughters, in the eleventh; but

one who is quarrelsome, without delay.”[3332] At present, in Southern

India, divorce is common among many of the lower castes; but it is

not practised at all among the Brahmans and Kshatriyas, or among the

higher classes of Śudras.[3333] In Rome under the Christian Emperors,

the husband’s right to put away his wife was restricted by imperial

constitutions, which pointed out what were considered just causes of

divorce.[3334] The dogma of the indissoluble nature of marriage, early

vindicated by many Fathers in accordance with the injunction, “What

God hath joined together, let not man put asunder,” came into full

force only by degrees. The Council of Trent definitely suppressed the

last traces of divorce as a legal practice[3335]—a decree which has

exercised a powerful influence on the legislation of Roman Catholic

nations. In Spain, Portugal, and Italy, a husband can demand a judicial

separation, a divorce a _mensâ et thoro_, but the marriage contract

cannot be dissolved; in France divorce was reintroduced by the law of

27th July, 1884. In all Protestant countries divorce is allowed. In

every one of them a man may be divorced from a wife who has committed

adultery, but the other legal grounds on which a divorce, in most

of them, may be obtained, vary in different States. According to

the Prussian ‘Landrecht,’ the list includes, among other causes,

drunkenness and a disorderly life, insanity lasting longer than a

year, and the mutual consent of the husband and wife, if they have no

children;[3336] in Norway and Denmark, mutual consent, if the parties

have been judicially separated for three years previously;[3337] in

Austria, aversion proved to be invincible through several preceding

divorces from bed and board.[3338] The French law recognizes as causes

of divorce, besides adultery, “excès, sévices, injures graves,” as

also “condamnation à une peine afflictive et infamante.”[3339]

Marriage may be dissolved not only by the man but by the woman.

In Madagascar, says Mr. Sibree, although “the power of divorce is

legally in the husband’s hand, a wife can practically divorce herself

in several cases.[3340] The like holds true for many of the lower

races;[3341] whilst, among others, custom or law seems to permit a

wife to separate at least under certain conditions.[3342] Among the

Inland Columbians, according to Mr. Bancroft, “either party may

dissolve the marriage at will.”[3343] If a Bonak wife gets up and

leaves the man, he has no claim ever after on her.[3344] Among the

Navajos, when a woman marries, “she becomes free, and may leave her

husband for sufficient cause.”[3345] Regarding the Guanas, Azara

states, “Le divorce est libre aux deux sexes, comme tout le reste, et

les femmes y sont très-portées.”[3346] In the Sandwich Islands, “a man

and woman live together as long as they please, and may, at any time,

separate, and make choice of other partners.”[3347] In Tahiti, parts

of New Guinea, and in the Marianne Group, the marriage tie may, it is

said, be dissolved whenever either of the parties desires it.[3348]

In some of the smaller islands of the Indian Archipelago, a wife can

sue for divorce if her husband ill-treats her, if he is unfaithful, or

for other reasons.[3349] Among the Shans, “should the husband take

to drinking, or otherwise misconducting himself, the woman has the

right to turn him adrift, and to retain all the goods and money of the

partnership.”[3350] In Burma, if one of the parties is unwilling to

separate, “the other is free to go, provided all property except the

clothes in wear is left behind;” and a wife can demand a divorce for

ill-treatment, or if her husband cannot properly maintain her.[3351]

Among the Irulas of the Neilgherries, the option of remaining in union,

or of separating, rests principally with the woman.[3352] According to

Kandh custom, a wife can return to her father’s house within six months

after the marriage, on the articles which had been paid for her being

restored; and, if childless, she can at any time quit her husband. “In

no case,” says Sir W. W. Hunter, “can the husband forcibly reclaim

her, but a wife separated on any grounds whatsoever from her husband

cannot marry again.”[3353] In Eastern Central Africa, divorce may be

effected if the husband neglects to sew his wife’s clothes, or if the

partners do not please each other.[3354] And, among the Garenganze,

according to Mr. Arnot, a wife “may leave her husband at any time, if

she cares to do so.”[3355]

Passing to more advanced nations, we find that, among the ancient

Mexicans, the wife, as well as the husband, might sue for

separation.[3356] In Guatemala, she could leave him on grounds as

slight as those on which he could leave her.[3357] In China, on the

other hand, a woman cannot obtain legal separation; and the same was

the case in Japan till the year 1873.[3358] According to the Talmudic

Law, the wife is authorized to demand a divorce if the husband refuses

to perform his conjugal duty, if he continues to lead a disorderly

life after marriage, if he proves impotent during ten years, if he

suffers from an insupportable disease, or if he leaves the country

for ever.[3359] According to Mohammedan legislation, divorce may, in

certain cases, take place at the instance of the wife, and, if cruelly

treated or neglected by her husband, she has the right of demanding

a divorce by authority of justice.[3360] The ancient Hindus[3361]

and Teutons[3362] allowed a wife to separate from her husband only

in certain exceptional cases. According to Gallic laws, a wife could

quit her husband without losing her _dos_, “si leprosus sit vir; si

habeat fetidum anhelatum, et si cum ea concumbere non possit.”[3363]

Among the Saxons and Danes in England, marriage might be dissolved

at the pleasure of either party, the wife, however, being obliged to

return the price paid for her, if she deserted the husband without

his consent.[3364] At Athens, a woman could demand a divorce if she

was ill-treated by her husband, in which case she had merely to

announce her wish before the ἄρχων.[3365] Rossbach thinks that, in

Rome, a marriage with _manus_ could be dissolved by the husband only,

a marriage without _manus_ by the wife’s father also.[3366] But Lord

Mackenzie observes that, whatever effect _conventio in manum_ may

have had in ancient times, it did not, in the age of Gaius, limit the

wife’s freedom to seek divorce.[3367] 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.[3368]

* * * * *

The causes by which duration of human marriage is influenced are, on

the whole, the same as those which determine the form of marriage.

Man’s appetite for youth and beauty often induces him to repudiate

a wife who has grown old and ugly. According to Cook, it was much

more common for a Tahitian to cast off the first wife and take a more

youthful partner than to live with both.[3369] Among the Aleuts, when

a wife “ceases to possess attractions or value in the eyes of her

proprietor, she is sent back to her friends.”[3370] A Malay, in many

cases, turns away his wife as soon as she becomes ugly from hard work

and maternal cares.[3371] In Switzerland, marriage is much oftener

dissolved through divorce when the wife is the husband’s senior, than

when the reverse is the case.[3372]

Dr. Béringer-Féraud observes that the Moors in the region of the

Senegal “divorcent avec une facilité extrême, non seulement sous le

prétexte le plus futile, mais souvent, et même uniquement, pour le

plaisir de changer.”[3373] According to v. Oettingen, the statistics of

divorce and remarriage in Europe prove that the taste for variety is

often the chief cause of the dissolution of marriage.[3374]

As the desire for offspring is a frequent cause of divorce,[3375]

so the birth of children is generally the best guarantee for the

continuance of the marriage tie. Speaking of some Indian tribes of

North America, Schoolcraft says, “The best protection to married

females arises from the ties of children, which, by bringing into play

the strong natural affections of the heart, appeal at once to that

principle in man’s original organization which is the strongest.”[3376]

Where women are regarded almost as beasts of burden, it often happens

that a wife who is a bad worker is divorced. The Dyak husbands “coolly

dismiss their helpmates when too lazy or too weak to work, and select

partners better qualified to undergo the toils of life.”[3377] Among

the Sinhalese, according to Mr. Bailey, sickness is perhaps the

most common reason why a husband repudiates his wife. The heartless

desertion of a sick wife, he says, is “the worst trait in the Kandyan

character, and the cool and unconcerned manner in which they themselves

allude to it, shows that it is as common as it is cruel.”[3378]

However desirable separation, in many cases, may be for the husband,

there are various circumstances which tend to prevent him from

recklessly repudiating his wife. In many instances divorce implies for

the man a loss of fortune. Though not, as a rule,[3379] obliged to

provide the divorced wife with the full means of subsistence, he must,

as already mentioned, usually give her what she brought with her into

the house, and, among several peoples, a certain proportion—often the

half—of the common wealth.[3380] Among the Karens, if a man leaves

his wife, the rule is that the house and all the property belong to

her, nothing being his but what he takes with him.[3381] Among the

Manipuris, according to Colonel Dalton, a wife who is put away without

fault on her part, takes all the personal property of the husband,

except one drinking cup and the cloth round his loins.[3382] Similar

rules prevail among the Galela, and in the Marianne Group.[3383] As

to the ancient Teutons, M. Glasson observes, “Les lois barbares

voulaient d’ailleurs que, sauf le cas d’adultère, la femme répudiée eût

son existence assurée. Le mari devait lui laisser la maison et tout ce

qu’elle contenait; il était même obligé de lui abandonner l’équivalent

du _mundium_ et de payer une amende au fisc s’il répudiait sa femme

sans aucun motif sérieux.”[3384]

The practice of purchasing wives forms a very important obstacle

to frequent repudiation.[3385] If the wife proves barren, or is

unfaithful, or otherwise affords sufficient cause of divorce, the

husband generally receives back what he has paid for her;[3386] but,

if he repudiates her without satisfactory grounds, the purchase sum

is usually forfeited.[3387] “Cases of divorce are very frequent,”

says Mr. Casalis, “where the price of the wife is of small value.

Among the Basutos, where it is of considerable amount, the dissolution

of marriage is attended with much difficulty.”[3388] And Dr. Finsch

ascribes the frequency of divorce in Ponapé to the fact that

wife-purchase does not exist there.[3389]

Moreover, when he divorces his wife, a man very often loses his

children at the same time. Among several peoples they remain the

property of the father.[3390] Among others, they are taken in some

cases by the man, in others by the woman.[3391] In Samoa, the young

children followed the mother, the more advanced the father;[3392]

whilst, among the Sinhalese, boys are taken by the latter, girls by the

former.[3393] But among many uncivilized peoples, all the children,

if young, follow the mother,[3394] as Colden says, “according to the

natural course of all animals.”[3395]

Another factor which has much influence upon the stability of marriage,

is the position held by women. When some regard is paid to their

feelings, a husband does not, of course, put his wife away for trivial

reasons, divorce meaning for her, in many cases, misery and distress.

Dr. Churcher informs me from Morocco that “the divorced woman too

often goes to swell the ranks of the prostitutes.” And the same is the

case in China and among the Arabs of the Sahara.[3396]

When a man and woman unite with one another from love, there is, of

course, more security that the marriage contract will be lasting. The

Mantras, says Father Bourien, “frequently marry without previously

knowing one another, and live together without loving. Is it, then,

astonishing that they part without regret, and that divorce is frequent

among them?”[3397] The facility of Mohammedan divorce, as Mr. Bosworth

Smith remarks, is the necessary consequence of the separation of the

sexes. “A man would never embark in the hazardous lottery of Eastern

marriage, if he had not the escape of divorce from the woman whom he

has never seen, and who may be in every way uncongenial to him.”[3398]

A union with a first cousin, among Mohammedans, is generally lasting,

because early associations may have led to an attachment at a tender

age.[3399] Separation is especially rare when the uniting passion is

not merely of a sensual nature, but involves mutual sympathy depending

upon mental qualities.

Many of the factors which influence the duration of marriage, so far as

it depends upon the will of the husband, operate also in cases where

marriage may be dissolved by the wife. But the woman’s subordinate

position and her inability to support herself, makes separation more

difficult for her than for the man.[3400] Moreover, if the woman claims

a divorce, the purchase-sum paid for her has to be returned,[3401] and

she may even, in certain cases, forfeit her dowry and whatever property

she brought with her at marriage.[3402] If she must lose her children

also, she will naturally shrink from the idea of separation.

Since the causes which influence the duration of marriage are, to

so great an extent, the same as those which influence the form of

marriage, so far as monogamy and polygyny are concerned, we might

expect strict monogamy to be associated with stability of marriage,

and extensive polygyny with instability. But this is only partly the

case. When monogamy is chiefly due to the man’s inability to support

many wives, or when he secures no economical advantage by a plurality

of wives, he tries in many cases to make up for the inconveniences of

monogamy by a frequent change of mate. Mr. Bickmore thinks that the

reason why polygyny is not more generally practised by the Mohammedan

Malays is to be found in the facility with which divorce is obtained

and a new marriage contracted.[3403] And the Arabs of Asia and the

Moors of the Western Sahara, according to Burckhardt and Chavanne,

indemnify themselves through a succession of wives for their monogamous

habits.[3404] Considering, further, that the proportion between the

sexes, and the monogamous instinct which man in early times probably

shared with others of the higher primates, have affected the forms

of human marriage, but scarcely at all its duration, we may infer

that the development of the latter, at least at the lower stages of

civilization, has been somewhat different from that of the former.

As has already been pointed out, it is extremely probable that, among

primitive men, the union of the sexes lasted till after the birth of

the offspring. We have also perhaps some reason to believe that the

connection lasted for years. Lieutenant de Crespigny met Orang-utan

families consisting of male, female, and two young ones, and v.

Koppenfels saw similar groups of the Gorilla; but whether the male

was the father of both the young ones, it is of course impossible to

decide. In any case, there is abundant evidence that marriage has, upon

the whole, become more durable in proportion as the human race has

risen to higher degrees of cultivation, and that a certain amount of

civilization is an essential condition of the formation of life-long

unions.

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 greater consideration for women, a higher development of the

paternal feeling, better forethought for the children’s welfare, and

a more refined love-passion have gradually made it stronger, until

it has become, in many cases, almost indissoluble. A husband in the

most advanced societies is no longer permitted to repudiate his wife

whenever he likes; a wife cannot, without more ado, divorce herself

from her husband. Marriage has become a contract the keeping of which

is superintended by the State, and which may be dissolved only under

certain stipulated conditions.

Although there can be no doubt that the psychical causes which have

strengthened the marriage tie tend to become more potent, we must

not conclude that divorce will in future be less frequent and more

restricted by the laws than it is now in European countries. It must

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 harmonizing

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.

The history of human marriage · 第 23 / 29 章