+384. Marriage in modern mores.+ It is very remarkable that marriage

amongst us has become the most distinct example there is, and the most

widespread, of ritual (what is said in the marriage ceremony, in its

rational sense, is of little importance, and people rarely notice it.

What force attaches to "obey"?), of religious intervention in private

affairs, and of the importance attached to a ceremony. If two people

cohabit, the question of right and wrong depends on whether they have

passed through a certain ceremony together or not. That determines

whether they are "married" or not. The reason is, because if they have

passed through the ceremony together, no matter what was said or done,

they have expressed their will to come into the status of wedlock, as

the mores make it and as the state enforces it, at the time and place.

The woman wants to "feel that she is married." Very many women would not

feel so in a civil marriage; others want a "fully choral" ceremony;

others want the communion with the wedding ceremony. Perhaps the

daughter of a great nobleman might not feel married without a marriage

settlement. Thus the active effect of the mores may be observed in

contemporary custom, and it is seen how completely the notion of being

duly married is produced by the mores of the society, or of a class or

sect in it.

+385. Pair marriage; its technical definition.+ Polyandry passed over

into polygamy when sufficient property was at command.[1241] There was a

neutral middle point where one man had one wife. It follows that

monogamy is not a specific term. It might be monogamy if one man had one

wife but also concubines and slaves, or he might have but one wife in

fact, although free to have more if he chose. The term "pair marriage"

is needed as a technical term for the form of marriage which is as

exclusive and permanent for the man as for the woman, which one enters

on the same plane of free agreement as the other, and in which all the

rights and duties are mutual. In such a union there may be a complete

fusion of two lives and interests. In no other form of union is such a

fusion possible. This pair marriage is the ideal which guides the

marital usages of our time and civilization, gives them their spirit and

sense, and furnishes standards for all our discussions, although it is

far from being universally realized. The ideal is made an object of

"pathos"[1242] in our popular literature. Whence did it come? In truth,

we can hardly learn. It existed, by necessity of poverty and humble

social status, in the classes amongst whom Christianity took root. It

found expression in the canon law. It resisted, in the lower classes,

the attempt of the church to suppress it in order to aggrandize the

corporation. It resisted, in the same classes, the corruption of the

Renaissance. It has risen with those classes to wealth and civil power.

In modern times "moral" has been used technically for what conforms to

the code of pair marriage.

+386. Ethics of pair marriage.+ Pair marriage has excluded every other

form of sex relation. To modern people it is hard to understand how

different forms of sex relation could exist side by side and all be

right. The explanation is in the mores. A concubine may be a woman who

has a defined and legally guaranteed relation to one man, if the mores

have so determined. Her circumstances have not opened to her the first

rank, that of a wife, but she has another which is recognized in the

society as honorable. The same may be said of a slave woman, or of a

morganatic wife. Amongst the Hebrews, Greeks, and Romans of the empire

concubines were a recognized class. A concubine was not a woman who had

cast off her own honor until after the thirteenth century,[1243] and

although her position became doubtful, it was not disreputable for two

or three centuries more. Morganatic marriages for princes have continued

down to our own time. Whatever is defined and provided for in the mores

as a way of solving the problem of life interests is never wrong. Hence

the cases of sacral harlotry, of temporary marriage (as in China, Korea,

Japan, and ancient Arabia), of royal concubines (since the king was

forced to accept a status wife of prescribed rank, etc.), and all the

other peculiar arrangements which have existed in history are accounted

for. Pair marriage, however, has swept all other forms away. It is the

system of the urban-middle-capitalist class. It has gained strength in

all the new countries where all men and women were equal within a small

margin and the women bore their share of the struggle for existence. The

environment, in the new countries, favored the mores of the class from

which the emigrants came. In the old countries the mores of the middle

class have come into conflict with the mores of peasants and nobles. The

former have steadily won. The movement has been the same everywhere,

although the dates of the steps in it have been different. As to women,

the countries which are at the rear of the modern movement keep the old

mores; those which are at the head of it have emancipated women most,

and have swept away from their legislation all toleration for anything

but pair marriage. Vice, of course, still affects facts, and the growth

of wealth and luxurious habits seems to be developing a tendency to take

up again some old customs which bear an aristocratic color. It must be

expected that when the economic facts which now favor the lower middle

classes pass away and new conditions arise the marriage mores will

change again. Democracy and pair marriage are now produced by the

conditions. Both are contingent and transitory. In aristocratic society

a man's family arrangements are his own prerogative. When life becomes

harder it will become aristocratic, and concubinage may be expected to

arise again.

It seems clear that pair marriage has finally set aside the notion

which, in the past, has been so persistently held,--that women are bad

by nature, so that one half of the human race is permanently dragging

down the other half. The opposite notion seems now to be gaining

currency,--that all women are good, and can be permanently employed to

raise up the men. These fluctuations only show how each sway of

conditions and interests produces its own fallacies.

+387. Pair marriage is monopolistic.+ It has been shown that pair

marriage is monopolistic. It produces an exclusive family, and nourishes

family pride and ambition. It is interwoven with capital, and we have

hardly yet reached the point where we can see what it will become with

great wealth, and under the treatment of a plutocratic class. From what

has been said it is evidently most important that man and wife should

have been educated in the same mores. Pair marriage is also

individualistic. It is the barrier against which all socialism breaks

into dust. As the cost of a family increases, the connection between

family and capital becomes more close and vital. Every socialist who can

think is forced to go on to a war on marriage and the family, because he

finds that in marriage and the family lie the strongholds of the

"individualistic vices" which he cannot overcome. He has to mask this

battery, however, because he dare not openly put it forward.

+388. The future of marriage.+ It is idle to imagine that our mores

about marriage have reached their final stage. Since marriage is free

and individualistic as it exists in our mores, there is little care or

pity for those who cannot adapt themselves to it, or it to their

circumstances. They are allowed divorce, but not without some feeling of

annoyance with them if they use it. It is also idle to imagine that

those who are now satisfied will alone control the changes which the

future will bring in the mores. It is not difficult to make marriage

such that men will refuse it. Women have revolted against it in the

past.[1244] It is not beyond imagination that they might do so again.

+389. Normal type of sex union.+ It may be, as Lecky says,[1245] that

"we have ample grounds for maintaining that the lifelong union of one

man and one woman should be the normal or dominant type of intercourse

between the sexes. We can prove that it is, on the whole, most conducive

to the happiness, and also to the moral elevation, of all parties. But

beyond this point it would, I conceive, be impossible to advance, except

by the assistance of a special revelation. It by no means follows that

because this should be the dominant type, it should be the only one, or

that the interests of society demand that all connections should be

forced into the same die."

+390. Divorce.+ In the mother family the woman could dismiss her

husband. This she could also do in all the transition forms in which

the husband went to live with the wife at her childhood home. In the

father family the wife, obtained by capture or purchase, belonged to her

husband on the analogy of property. The husband could reject or throw

away his property if he saw fit. It is clear that the physical facts

attendant on the two customs--one that the man went to live with his

wife, the other that he took her to his home--made a great difference in

the status of the woman. In the latter case she fell into dependence and

subjection to the dominion of her husband. She could not divorce him.

+391.+ In Chaldea a man could divorce his wife by saying, "Thou

art not my wife," by repaying her dowry, and giving her a letter

to her father. If she said to him, "Thou art not my husband," she

was drowned. An adulterous woman was driven into the street

clothed only in a loin cloth, at the mercy of the passers.[1246]

In this view, which ran through the Jewish system and came down

into that of Mohammed, a wife has duties, to which her husband

has no correlative obligations. She must do her duty or be thrust

out. There is no adultery for a man and no divorce for a woman.

The most complete negation of divorce is in Hindostan, where a

woman (perhaps a child of five or six), if married to a man, is

his only, for time and eternity, no matter what may happen. He is

hers until she dies, but then he can have another wife. Romulus

allowed divorce to the man, if the woman poisoned infants, drank

strong wine, falsified keys, or committed adultery.[1247] By a

law of Numa a man who had as many children as he wanted could

cede his wife, temporarily or finally, to another.[1248] These

laws seem to have been forgotten. If they ever really existed

they did not control early Roman society. By the later law a

sentence for crime which produced civil death set free the other

spouse. In the last century B.C. divorce became very easy and

customary. The mores gradually relaxed to allow it. Augustus

compelled the husband of Livia to divorce her because he wanted

her himself. She was about to become a mother.[1249] Cato the

younger gave his wife to his friend Hortensius, and took her back

after Hortensius's death.[1250] Sempronius Sophus divorced his

wife because she went to the games without his consent.[1251]

Women also divorced their husbands in the first century of the

Christian era. Juvenal mentions a woman who had eight husbands in

five years.[1252] Tertullian, writing from the standpoint of a

Christian ascetic, said that "divorce is the product of

marriage."[1253] Jerome knew of a woman who had married her

twenty-third husband, she being his twenty-first wife.[1254]

Seneca said that the women reckoned the years by their husbands,

not by the consuls.[1255] The women got equality by leveling

downwards. "The new woman of Juvenal boldly claims a vicious

freedom equal to her husband's."[1256] These cases belong to the

degeneration of the mores at the period. As they are astonishing,

we are in danger of giving them too much force in the notion we

form of the mores of that time. All the writers repeat them. "In

the _Agricola_, and in Seneca's letters to Marcia and Helvia, we

can see that, even at the darkest hour, there were homes with an

atmosphere of old Roman self-restraint and sobriety, where good

women wielded a powerful influence over their husbands and sons,

and where the examples of the old republic were used, as Biblical

characters with us, to fortify virtue."[1257]

+392. Rabbis on divorce.+ The school of the Rabbi Shammai said, "A man

must not repudiate his wife unless he find in her actual immodesty."

Rabbi Jochanan said, "Repudiation is an odious thing." Rabbi Eliezer

said, "When a first wife is put away the very altar sheds tears."[1258]

+393.+ The early Roman mores about marriage were very rigid and

pitiless. It was in the family, and therefore under the control of the

head of the family. No law forbade divorce, because such a law would

have been an invasion of the authority of the male head of the family,

but the censors, in the name of public opinion, long prevented any

frivolous dissolution of marriage. Few divorces occurred, and then only

for weighty reason, after the family council had found them sufficient.

There was some stain attaching to a second marriage, after the death of

the first spouse. Even men were subject to this stain.[1259]

+394. Pair marriage and divorce.+ With the rise of pair marriage came

divorce for the woman, upon due reason, as much as for the man. Hence

freer divorce goes with pair marriage. Such must inevitably be the case,

if it be admitted that any due reason for divorce ever can exist. The

more poetical and elevated the ideas are which are clustered around

marriage, the more probable it is that experience will produce

disappointment. If one spouse enters wedlock with the belief that the

other is the most superlative man or woman living, the cases must be

very few in which disappointment and disillusion will not result.

Moreover, pair marriage, by its exclusiveness, risks the happiness of

the parties on a very narrow and specific condition of life. The

coercion of this arrangement for many persons must become intolerable.

In the ancient German law there was absolute freedom of divorce by

agreement. The pair could end the relation just as they formed it. In

the laws of the German nations there was little provision for divorce

upon the complaint of the woman. The law of the Langobards allowed it to

her for serious bodily injury.[1260]

+395. Divorce in the Middle Ages.+ It is pretended that the mediæval

church allowed no divorce. This is utterly untrue. Under the influence

of asceticism the church put marriage under more and more arbitrary

restrictions, going far beyond any rules to be found in the Scriptures,

or in the usages of the early church. Divorce was made more and more

difficult. These two tendencies contradicted each other, for the greater

the restrictions on marriage, the greater the probability that any

marriage would be found to have violated one of them, and therefore to

be _ab initio_ void. This set it aside more absolutely than any divorce

_a vinculo_ could undo it. Also, when there was an ample apparatus of

dispensation by which the rich and great could have their marriages

dissolved, by the use of money or political power, the "law of the

church" was no law. Still further, the mediæval church, while it had a

doctrine of perfection and ideality for marriage, had also a practical

system of concession to human weakness, by which it could meet cases of

unhappy marriage. In the canon law, divorce and remarriage of the

innocent party has been allowed to the man, in case of adultery,

physical incapacity, leprosy, desertion, captivity, disappearance, and

conspiracy to murder the husband, on the part of the wife; and to the

wife, when the husband's misconduct rendered living with him impossible.

However, a dispensation from the ecclesiastical authority was

required.[1261]

+396.+ The point of this is that no society ever has existed or ever can

exist in which no divorce is allowed. In all stages of the father

family it has been possible for a man to turn his wife out of doors, and

for a wife to run away from her husband. They divorce themselves when

they have determined that they want to do so. It would be an easy

solution of marriage problems to assert that the society will use its

force to compel all spouses who disagree, or for whom the marriage

relation has become impossible through the course of events,

nevertheless to continue to live in wedlock. Such a rule would produce

endless misery, shame, and sin. There are reasons for divorce. Adultery

is recognized as such a reason in the New Testament. It is a rational

reason, especially under pair marriage. There are other rational

reasons. Some of them are modern forms of the reasons allowed in the

canon law, as above cited. The exegesis of the New Testament is not

simple. It does not produce a simple and consistent doctrine, and

therefore inference and deduction have been applied to it. 2 Cor. vi. 14

contradicts 1 Cor. vii. 12. The mores decide at last what causes shall

be sufficient. The laws in the United States once went very far in an

attempt to satisfy complaining married people. They were no better

satisfied at last than at first. Scandalous cases produced a conviction

that "we have gone too far," and the present tendency is to revoke

certain concessions. The fact that a divorce has been legally obtained

does not satisfy some former friends of the divorced so that they will

continue social intimacy. A code grows up to fit the facts. Sects help

to make such codes. Perhaps they make a code which is too stringent. The

members of the sect do not live by it. They seek remarriage in other,

less scrupulous sects, or by civil authority, or they change domicile in

order to get a divorce. Thus the mores control. When the law of the

state or of ecclesiastical bodies goes with the mores it prevails; when

it departs from the mores it fails. The mores are also sure to act in

regard to a matter which presents itself in a large class of cases, and

which calls for social and ethical judgments. At last, comprehensive

popular judgments will be formed and they will get into legislation.

They will adjust interests so that people can pursue self-realization

with success and satisfaction, under social judgments as to the rules

necessary to preserve the institutions of wedlock and the family. The

pursuit of happiness, either in the acquisition of property or in the

enjoyment of family life, is only possible in submission to laws which

define social order, rights, and duties, and against which the

individual must react at every point. It is the mores which constantly

revise and readjust the laws of social order, and so define the social

conditions within which self-realization must go on.

+397. Refusal of remarriage.+ The laws of every State in the United

States, except South Carolina, allow marriage by a minister of religion

or by magistrates. This does not mean that the legislatures meant to

endow ministers of religion with authority to say who may marry and who

may not. Ministers who agree not to marry divorced persons assume

authority which does not belong to them. In England, with an established

church, the fact has recently been ascertained that a clergyman cannot

refuse to marry persons who may marry by the civil law as it stands.

With us the number of sects and denominations is such that no hardship

arises if one sect chooses to adopt stricter laws for the sake of making

a demonstration or exercising educational influence, and decides to run

the risk of driving its own members to other sects. What the next result

of such action will be remains to be learned.

+398. Child marriage.+ Child marriage illustrates a number of points in

regard to the mores, especially the possibility of perversity and

aberration. Wilutzky[1262] thinks that child marriage amongst savages

began in the desire of a man to get a wife to himself (monandry) out of

the primitive communalism, without violating the customs of ancestors.

Girls of ten or twelve years are married to men of twenty-five or thirty

on the New Britain Islands. The missionary says, "The result of such an

early union, for the girl, has been dreadful."[1263] On Malekula girls

are married at six or eight.[1264] Similar cases are reported from

Central and South America where girls of ten are mothers.[1265] Rohlfs

reports mothers of ten or twelve at Fesan.[1266] The Eskimo practice

child betrothal, so that wedlock begins at once at puberty.[1267]

Schwaner reports,[1268] from the Barito Valley, that children are often

betrothed and married by the fathers when the latter are intoxicated.

The motives of the match are birth, kinship, property, and social

position, and the marriage is hastened, lest the parents should see

their plans to satisfy these motives frustrated by the children if they

should delay. The intimacy of the children is left to chance. Wilken

says that child marriage seems to be, in the Dutch East Indies, an

exercise of absolute paternal authority, especially seeing that they

have marriage by capture. The father wants to secure, in time, the

realization of plans which he has made. Especially, the purpose is to

make the man take the status-wife appointed for him by the marriage

rule,--his mother's brother's daughter. Wilken also explains child

betrothal and marriage by the fact that girls have entire liberty until

betrothed, and the future husband wants to put an end to this. Girls are

often betrothed at birth and married at six, although they remain with

their parents. In some parts of the East Indies the custom is declining;

in others it is extinct. In some places it continues, although marriage

by capture is extinct. Where marriage by capture exists, the reason for

child marriage is the fear that the girl may be stolen by another than

the desired husband.[1269]

+399. Child marriage in Hindostan.+ By the laws of Manu[1270] a man may

give his daughter in marriage before she is eight years old to a man of

twenty-four, or a girl of twelve to a man of thirty, and he loses his

dominion over her if he has not found a husband for her by the time that

she might be a mother; yet intercourse before puberty is especially

forbidden.[1271] The Hindoos, including Mohammedans, practice child

marriage and cling to it, in spite of the efforts of the English to

dissuade them from it, and in spite of the opinion of their own most

enlightened men that it is a harmful custom. It is deeply rooted in

their mores. The modern Hindoo father or brother considers it one of the

gravest faults he can commit to allow a daughter or sister to arrive at

puberty (generally eight years) before a husband has been found for her.

It is a disgrace for a family to have in it an unmarried marriageable

girl. What is proper is that, from five to sixteen days after puberty,

the previously married husband shall beget with her a child in a solemn

ceremonial which is one of the twelve (or sixteen) sacraments of Hindoo

life.[1272] The idea of child marriage was that the woman should be

already married to her chosen husband, so that she might be given to him

at the proper time.[1273] Moreover, "marriage completes, for the man,

the regenerating ceremonies, expiatory, as is believed, of the sinful

taint which every child is supposed to contract in the mother's womb;

and being, for sudras and for women, the only [ceremony for this

purpose] which is allowed, its obligatoriness is, as to the latter, one

of the ordinances of the Veda."[1274]

+400.+ The wife of the missionary Gehring was present at the marriage of

a girl of ten to an adult man amongst the Tamil Mohammedans. The story

of the child's shrinking terror is very pathetic. When her veil was

withdrawn she fainted from nervousness and excitement. Those present

showed no pity for her, but crowded around to enjoy the opportunity of

gazing at her. They saw no reason why she was to be pitied.[1275]

+401.+ If a girl has had no husband provided for her by her responsible

male relative, she may act for herself, but then she forfeits her share

in the family property. She may be abducted with impunity. In Manu[1276]

it is said that three years must elapse before she gets the right of

self-disposition. The right is long since a dead letter. The "Law of

Manu" can lose its authority where it is favorable to women! or when it

runs counter to the mores, for Hindoo women have no training to take up

self-disposition, if the case occurs.[1277] Female virtue is rated low,

and must be secured by marriage. Independent action by a boy and girl is

against the mores and could only lead to inferior forms of marriage, by

love or capture.[1278] Finally, religion bears its share in furnishing

motives for child marriage. The souls of ancestors cannot stay in heaven

unless there are male descendants to keep up the sacrifices. It is,

therefore, impossible to provide male descendants too soon. Among the

Tamil-speaking Malaialis of the Kollimallais hills a man takes an adult

wife for his little son, and with her he begets a son who will perform

this religious duty for himself and his son. This goes on from

generation to generation.[1279]

+402.+ Nevertheless, it is held to be proved that in ancient India child

marriages were unknown and that women were often far beyond puberty

before they were married. The human husband was also held to be the

fourth. Three gods had preceded him in each case.[1280] The custom of

child marriage has now spread to the lowest classes, and in the lowlands

of the Ganges cohabitation follows at once upon child marriage, with

very evil results on the physique of the population.[1281]

There was child marriage in Chaldea 2200 years B.C.[1282]

+403. Child marriage in Europe.+ The marriage of children was not in the

mores of the ancient Germans. The mediæval church allowed child marriage

for princes, etc. The motive was political alliance, or family or

property interest.[1283] The fable was that Joseph was an old man and

the Virgin Mary only a girl. This story was invented to make the notion

of a virgin wife and mother easier. The marriage was only a child

marriage. In England, from the end of the thirteenth to late in the

seventeenth century, cases of child marriage occurred, at first in the

highest classes, later in all classes, and finally most frequently in

the highest and lowest classes. In Scotland premature marriages were so

common that, in 1600, they were forbidden, the limits being set at

fourteen and twelve years for males and females respectively. The chief

motive was to avoid feudal dues on the part of tenants in chief of the

crown, if the father should die and leave infants who would become

wards liable to forced marriages or to mulcts to avoid the same.[1284]

+404.+ Child marriage is due, then, to the predominance of worldly

considerations in marriage, especially when the interests considered are

those of the parents, not of the children; also to abuse of parental

authority through vanity and self-will; also to superstitious notions

about the other world and the interests of the dead there; also to

attempts, in the interest of the children, to avoid the evil

consequences of other bad social arrangements.

+405. Cloistering.+ The custom of cloistering women has spread, within

historic times, from some point in central Asia. The laws of Hammurabi

show that, 2200 years B.C., men and women, in the Euphrates Valley,

consorted freely and equally in life. Later, in the Euphrates Valley, we

find the custom of cloistering amongst the highest classes. It became

more and more vigorous amongst the Persians and spread to the common

people. It was not an original custom of the Arabs and was not

introduced by the Mohammedan religion. It was learned and assumed from

the Persians.[1285] Seclusion of women, to a greater or less degree, has

prevailed in the mores of many nations. In fact, there is only a

question of degree between an excessive harem system and our own code of

propriety which lays restraints on women to which men are not subject.

The most probable explanation of the customs of veiling and cloistering

is that they are due to the superstition of the evil eye. Pretty women

attracted admiration, which was dangerous, as all prosperity, glory, and

preëminence were dangerous under that notion. When _pretty_ women were

veiled or secluded, the custom was sure to spread to others. The wives

and daughters of the rich and great were secluded in order to shield

them from easy approach, and to pet and protect them. This set the

fashion which lesser people imitated so far as they could. The tyranny

of husbands and fathers also came into play, and another force acting in

the same direction was the seduction exerted on women themselves by the

flattering sense of being cared for and petted. Lane[1286] tells us

that "an Egyptian wife who is attached to her husband is apt to think,

if he allows her unusual liberty, that he neglects her, and does not

sufficiently love her; and to envy those wives who are kept and watched

with greater strictness." "They look on the restraint [imposed by

husbands] with a degree of pride, as evincing the husband's care for

them, and value themselves on being hidden as treasures." Women who earn

their own living have to go into the streets and the market and to come

in contact with much from which other classes of women are protected.

The protected position is aristocratic, and it is consonant with

especial feminine tastes. The willingness to fall into it has always

greatly affected the status of women.

+406. Second marriages. Widows.+ Second marriages affect very few people

beyond those immediately concerned, and they are not connected with any

social principle or institution so as to create what is sometimes called

a "societal interest," unless there is current in the society some

special notion about ghosts and the other world. Nevertheless, the

bystanders have, until very recent times, pretended to a right to pass

judgment and exert an influence on the remarriage of widows, and less

frequently of widowers. The story of the status of widows is one of the

saddest in the history of civilization. In uncivilized society a widow

is considered dangerous because the ghost of her husband is supposed to

cleave to her. Under marriage by capture or purchase she is the property

of her husband, and, like his other property, ought to accompany him to

the other world. When she is spared she has no rational place in the

society; therefore widows were a problem which the mores had to solve.

In no other case have societies shown so much indifference to misfortune

and innocent misery. If a widow has value for any purpose, she falls to

the heir and he may exploit her. On the Fiji Islands a wife was

strangled on her husband's grave and buried with him. A god lies in wait

on the road to the other world who is implacable to the unmarried.

Therefore a man's ghost must be attended by a woman's ghost to pass in

safety.[1287] Mongol widows could find no second husbands, because they

would have to serve their first husbands in the next world. The youngest

son inherited the household and was bound to provide for his father's

widows. He could take to wife any of them except his own mother, and he

did so because he was willing that they should go to his father in the

next world.[1288] In the laws of Hammurabi the widow was secured a share

in her husband's property and was protected against the selfishness of

her sons. If she gave up to her sons what she had received from her

husband, she could keep what her father gave her and could marry again.

In later Chaldea annuities were provided for widows by payments to

temples.[1289] In the Mahabharata the morning salutation to a woman is,

"May you not undergo the lot of a widow."[1290]

+407. Burning of widows.+ It appears certain that the primitive Aryans

practiced the burning of widows, perhaps by the choice of the widows,

and that the custom declined in the Vedic period of India. The burning

of widows and the levirate could not exist together.[1291] As Manu[1292]

gives rules for the behavior of widows (not name any man but the

deceased husband; not remarry), he assumes that they will live. The

custom of suttee was strongest in the lower castes.[1293] Akbar, the

Mogul emperor, forbade suttee about 1600.[1294] He acted from the

Mohammedan standpoint. His ordinance had no effect on the usage. The

English put an end to the custom in 1830. This did not affect the native

states, where the latest instance reported took place in 1880.[1295] A

man who knows India well says that it was no kindness to widows to put a

stop to suttee because, if they live on, their existence is so wretched

that death would be better. Wilkins[1296] quotes a Hindoo widow's

description of the treatment she received, which included physical abuse

and moral torture. She was addressed as if she was to blame for the

death of her husband. The head of a widow is shaved, although Hindoo

women care very much for their hair. She is allowed but one meal a day

and must fast frequently. She is shunned as a creature of ill omen.

Inasmuch as girls are married at five or six, all this may happen to a

child of ten or twelve, if her husband dies, although she never has

lived with him. In 1856 the English made a law by which widows might

remarry, but the higher classes very rarely allow it. If they do allow

it, the groom is forced to marry a tree or a doll of cotton, so that he

too may be widowed. The mores resist any change which is urged, although

not enforced, by people of other mores. The reforms proposed in the

treatment of widows have no footing at all in the experience and the

judgment of Hindoos, if we except a few theists in Calcutta, and they

have never taken a united and consistent position. Monier-Williams[1297]

describes the case of a man who married a widow. He was boycotted so

completely that all human fellowship was denied him. He had to go to a

distant place and take a position under the government. Among the lower

castes of the Bihari Hindoos a widow may marry the younger brother of

her deceased husband, to whom her relation is always one of especial

intimacy and familiarity.[1298]

+408. Difficulty of reform.+ It appears that the difficulty about the

remarriage of widows is due to the fact that it runs counter to

fundamental religious ideas. The Hindoo reformers are charged with using

forms of wedding ceremony which are inconsistent with facts. Some widows

are virgins, but there is not always a father or mother to give them

away by the formula of "virgin gift." The women all have a notion, taken

from the words of a heroine in the Mahabharata, that a woman can be

given but once.[1299] They cling to the literal formula. By the form of

first marriage also a woman passes into the kin of her husband for seven

births (generations), the limit of degrees of consanguinity. It is

irreligious and impossible to change the kin again, because consequences

have been entailed which run seven generations into the future.[1300]

This is all made to depend, not on the consummation of the marriage, but

on the wedding or even betrothal. The census shows that the taboo on the

remarriage of widows and the custom of child marriage extend and

increase together.[1301] Where husbands are scarce girls are married in

childhood in order to secure them, and widows are not allowed to

remarry.[1302] By the remarriage of widows rajpoots and rajpoot families

lose their rank and precedence.[1303] In Homer the remarriage of men is

rare, and only one stepmother is mentioned.[1304] The prejudice against

second marriages continued amongst the Greeks, even for men, for whom

second marriage was restrained, in some parts of Greece by political

disabilities, if the man had children. The reason given was that a man

who had so little devotion to his family would have little devotion to

his country.[1305] In the classical period widows generally married

again. Sometimes the dying husband bequeathed his widow. In later times

some widows contracted their own second marriages.[1306] Marcus Aurelius

would not take a second wife as a stepmother for his children. He took a

concubine. Julian, after the death of his wife, lived in

continence.[1307] On Roman tombstones of women the epithet "wife of one

husband" was often put as praise.[1308]

+409. Widows and remarriage in the Christian church.+ The pagan emperors

of Rome encouraged second marriages as they encouraged all marriage, but

the Christian emperors of the fourth century took up the ascetic

tendency. About 300 the doctrine was, "Every second marriage is

essentially adultery."[1309] Augustine, in his tract on "Continence,"

uttered strong and sound doctrine about self-control and discipline of

character. In the tract on the "Benefit of Marriage" he defended

marriage, intervening in a controversy between Jerome and Jovinian, in

which the former put forth the most extravagant and contradictory

assertions about virginity. Augustine's formula is: "Marriage and

fornication are not two evils of which the second is worse, but marriage

and continence are two goods, of which the second is better." Although

this statement is very satisfactory rhetorically, it carries no

conclusion as to the rational sense of regulation of the sex passion, or

as to the limit within which regulation is beneficial. Augustine laid

great stress on 1 Cor. vii. 36. In a tract on "Virginity" he glorified

that state according to the taste of the period. In a tract on

"Widowhood" (chaps. 13 and 14), he repudiated the extreme doctrine about

second and subsequent marriages, but he exhorted widows to continence.

The church fathers, like the mediæval theologians, had a way of

admitting points in the argument without altering their total position

in accordance with the admissions or concessions which they had made.

The positions taken by Augustine in these tracts about the sex mores

cannot be embraced in an intelligible and consistent statement. "At a

period of early, although uncertain, date the rule became firmly and

irrevocably established, that no digamus, or husband of a second wife,

was admissible to Holy Orders; and although there is no reason for

supposing that marriage after taking orders was prohibited to a

bachelor, it was strictly forbidden to a widower."[1310] So it came

about that, inasmuch as marriage was, in any case, only a concession and

a compromise, and in so far a departure from strict rectitude, a second

marriage was regarded with disfavor, and any subsequent ones were

regarded with reprobation which increased in a high progression. This

has remained the view of the Eastern church, in which a fourth marriage

is unlawful. The Western church has not kept the early view, and has set

no limit to remarriage, but orthodox and popular mores have frowned upon

it after the second or, at most, the third. In Arabia, before the time

of Mohammed, widows were forced into seclusion and misery for a year,

and they became a class of forlorn, almost vagabond, dependents. It was

a shame for a man if his mother contracted a second marriage.[1311] In

the Middle Ages popular reprobation was manifested by celebrations

which were always grotesque and noisy, and sometimes licentious. They

were called charivaris. They were enacted in case of the remarriage of

widows and sometimes in the case of widowers. They are said to have

been a very ancient custom in Provence.[1312] This might mean that

opposition to second marriages was due to Manichæan doctrines which were

widely held in that region. The customs of popular reprobation were,

however, very widespread, and nowadays amongst us the neighbors

sometimes express in this way their disapproval of any sex relations

which are in any way not in accord with the mores. In the Salic law it

was provided that any woman who married a second time must do so at

night.[1313] The other laws of the barbarian nations contain evidence of

disapproval.[1314] Innocent III ruled, in 1213, that a man did not incur

the ecclesiastical disabilities of second marriage, "no matter how many

concubines he might have had, either at one time or in succession."[1315]

The mediæval _coutumes_ of northern France are indifferent to second

marriages.[1316] The ancient German custom approved of the self-immolation

of a widow at her husband's death, but did not require it. The

remarriage of widows was not approved and the widows did not desire it.

This was a consequence of the ancient German notion of marriage,

according to which a wife merged her life in that of her husband for

time and for eternity.[1317] The usage, however, was softened gradually.

The widow got more independence, and more authority over her children

and property, over the marriage of her daughters, and at last the right

to contract a second marriage after a year of mourning.[1318] In

England, in the eleventh century, a widow's dower could not be taken to

pay her husband's taxes, although the exchequer showed little pity for

anybody else. The reason given is that "it is the price of her

virginity."[1319] The later law also exempted a wife's dower from

confiscation in the case of any criminal or traitor.[1320] In the

seventeenth and eighteenth centuries, in France, "a period in which,

perhaps, people supported widowhood less willingly than in any other,"

the actual usages departed from the acknowledged standards of right and

propriety.[1321] The same was true in a greater or less degree elsewhere

in Europe, and the widowed probably destroyed the prejudice against

remarriage by their persistency and courage in violating it. In the

American colonies it was by no means rare for a widow or widower to

marry again in six or even in three months.

+410. Remarriage and other-worldliness.+ It is evident that the customs

in regard to the treatment of widows, second marriages, etc., are

largely controlled by other-worldliness. If the other world is thought

of as close at hand, and the dead as enjoying a conscious life, with

knowledge of all which occurs here, then there is a rational reluctance

to form new ties by which the dead may be offended. If the other world

and its inhabitants are not so vividly apprehended, the living pursue

their own interests, and satisfy their own desires.

+411. Tree marriage.+ In several cases which have been presented, we

have seen how the folkways devise means of satisfying interests in spite

of existing (inherited) institutions which bear injuriously on

interests. A remarkable case of this kind is tree marriage amongst the

Brahmins of southern India. The established opinion is that a younger

brother ought not to marry before an older one. The latter may be

willing. That is immaterial. The device is employed of marrying the

older brother to a tree, or (perhaps the idea is) to a spirit which

resides in the tree. He is then out of the way and the younger brother

may marry.[1322]

+412. The Japanese woman.+ The Japanese woman has been formed in an

isolated state, of a militant character, with strong and invariable

folkways. "Before this ethical creature, criticism should hold its

breath; for there is here no single fault, save the fault of a moral

charm unsuited to any world of selfishness and struggle.... How

frequently has it been asserted that, as a moral being, the Japanese

woman does not seem to belong to the same race as the Japanese man!...

Perhaps no such type of woman will appear again in this world for a

hundred thousand years: the conditions of industrial civilization will

not admit of her existence.... The Japanese woman can be known only in

her own country,--the Japanese woman as prepared and perfected by the

old-time education for that strange society in which the charm of her

moral being,--her delicacy, her supreme unselfishness, her childlike

piety and trust, her exquisite tactful perception of all ways and means

to make happiness about her,--can be comprehended and valued.... Even if

she cannot be called handsome according to western standards, the

Japanese woman must be confessed pretty,--pretty like a comely child;

and if she be seldom graceful in the occidental sense, she is at least

in all her ways incomparably graceful: her every motion, gesture, or

expression being, in its own oriental manner, a perfect thing,--an act

performed, or a look conferred, in the most easy, the most graceful, the

most modest way possible.... The old-fashioned education of her sex was

directed to the development of every quality essentially feminine, and

to the suppression of the opposite quality. Kindliness, docility,

sympathy, tenderness, daintiness,--these and other attributes were

cultivated into incomparable blossoming. 'Be good, sweet maid, and let

who will be clever; do noble things, not dream them, all day

long,'--those words of Kingsley really embody the central idea in her

training. Of course the being, formed by such training only, must be

protected by society; and by the old Japanese society she was

protected.... A being working only for others, thinking only for others,

happy only in making pleasure for others,--a being incapable of

unkindness, incapable of selfishness, incapable of acting contrary to

her own inherited sense of right,--and in spite of this softness and

gentleness ready, at any moment, to lay down her life, to sacrifice

everything at the call of duty: such was the character of the Japanese

woman."[1323]

[1129] Campbell, _Differences in the Nervous Organization of Men

and Women_, 29.

[1130] _Ibid._, 43.

[1131] _Ibid._, 34.

[1132] Campbell, _Differences in the Nervous Organization of Men

and Women_, 46.

[1133] _Ibid._, 45.

[1134] _Ibid._, 68.

[1135] _Ibid._, 66.

[1136] _Ibid._, 53 f.

[1137] _Ibid._, 223.

[1138] _Ibid._, 84.

[1139] _Ibid._, 90.

[1140] _Ibid._, 133.

[1141] _West Afr. Studies_, 375.

[1142] _Globus_, LXXXIII, 285.

[1143] Bebel, _Die Frau_, 73.

[1144] _Decret. Gratiani_, II, c. XXXII, qu. iv, c. 7.

[1145] Molmenti, _Venezia nella Vita Privata_, 393.

[1146] For cases see JAI, XXIII, 364.

[1147] _Globus_, LXXXVII, 179 (Caroline Isl.).

[1148] _Globus_, LXXXIII, 312.

[1149] Xenophon, _Lacedæmon_, I, 7, 8; Plutarch, _Lycurgus_, 15.

[1150] Pellison, _Roman Life in Pliny's Time_, 100.

[1151] _Third Journey_ (_russ._), 259.

[1152] _Ladak_, 306.

[1153] Molmenti, _Venezia nella Vita Privata_, 386.

[1154] _Madras Gov. Mus._, III, 227.

[1155] Zimmer, _Altind. Leben_, 313; JASB, II, 316, 319; JAI,

XII, 291.

[1156] Lane, _Modern Egyptians_, I, 274, Cf. Snouck-Hurgronje,

_Mekka_, II, 106 ff.

[1157] Hauri, _Islam_, 135.

[1158] _Madras Gov. Mus._, III, 229.

[1159] Rockhill in _U. S. Nat. Mus._, 1893, 677.

[1160] Bishop, _Among the Thibetans_, 92.

[1161] Herod., I, 173.

[1162] Schoemann, _Griech. Alterthümer_, I, 51.

[1163] _Descent of Man_, 590.

[1164] Westermarck, _Marriage_, 130.

[1165] Sarasin, _Veddahs_, 462.

[1166] Schmidt, _Ceylon_, 277.

[1167] _Bijdragen tot T. L. en V.-kunde_, XXXV, 215.

[1168] _Soc. Einrichtungen der Pelauer_, 59.

[1169] _Umschau_, VI, 52, after Haeckel, _Aus Insulinde_.

[1170] _Ehe bei den Arabern_, 447.

[1171] Krieger, _Neu Guinea_, 300, 321.

[1172] _London Graphic_, 1902, 534.

[1173] _Cults of the Greek States_, 448.

[1174] Strange, _Hindu Law_, I, 57.

[1175] _Economica_, I, 4.

[1176] _Politics_, VII, 16.

[1177] VII-IX.

[1178] _Epist._, XCIV, 26.

[1179] _Ibid._, XCV, 39.

[1180] _Opera_ (Paris, 1635), VI, 358.

[1181] _Digest_, XLVIII, 13, 5.

[1182] Act IV, scene 8.

[1183] Migne, _Patrol. Latina_, XXII, 691.

[1184] Lecky, _Eur. Morals_, II, 346.

[1185] _Od._, I, 433.

[1186] Lecky, _Eur. Morals_, II, 347.

[1187] _Ibid._, 135.

[1188] _Globus_, LXXV, 271.

[1189] Wilkins, _Modern Hinduism_, 159.

[1190] Wellhausen, _Ehe bei den Arabern_, 450.

[1191] _Ibid._, 432.

[1192] Hauri, _Islam_, 124.

[1193] _Ibid._, 131.

[1194] Hauri, _Islam_, 121.

[1195] Cf. Snouck-Hurgronje, _Mekka_, II, 110 ff.

[1196] _Smithson. Rep._, 1895, 673.

[1197] _Od._, XVI, 392; XX, 74; XXI, 162.

[1198] _Iliad_, IX, 341.

[1199] _Od._, VI, 180.

[1200] _Factorum et Dictorum Memorabilium libri novem_, IV, 6.

[1201] _Metamor._, VIII.

[1202] Pliny, _Letters_.

[1203] Friedländer, _Sittengesch._, II, 410.

[1204] E.g. _Burnt Njal_, 238.

[1205] Holtzmann, _Ind. Sagen_, I, 253.

[1206] _Ibid._, 256.

[1207] Nivedita, _Web of Indian Life_, 33.

[1208] _Ibid._, 45.

[1209] _Globus_, LXXXII, 104, 187-194, 279.

[1210] _Ibid._, 322.

[1211] Strausz, _Die Bulgaren_, 309.

[1212] _Globus_, LXXIX, 155.

[1213] _Madras Gov. Mus._, II, 162.

[1214] _Globus_, LXXXII, 323.

[1215] _Globus_, LXXXII, 321.

[1216] Ralston, _Songs of the Russ. People_, 7.

[1217] _Globus_, LXXVI, 316.

[1218] Ralston, as above, 65.

[1219] _Ztsft. f. vergl. Rechts-wsnsft._, XIV, 180.

[1220] _Ecole d'Anthrop. de Paris_, XIV, 411.

[1221] Schultz, _Höf. Leben_, I, 581, and the whole of Chap. VII;

Scherr, _D.F.W.I._, 220.

[1222] Migne, _Patrol. Lat._, Vol. 210.

[1223] Line 18,580.

[1224] I, 90, 92, 251; III, 103, 104 (in spite of love), 109,

167, 278.

[1225] III, 171.

[1226] I, 150.

[1227] _D. L._, 271, 276, 277.

[1228] Schultz, _D. L._, 259, 271-277.

[1229] Lichtenberger, _Poeme des Nibelungen_, 380.

[1230] _Ibid._, 390.

[1231] _Nibelungen_, line 837.

[1232] Lichtenberger, 368, 375, 391, 400; Uhland, _Dichtung und

Sage_, 315.

[1233] Barthold, _Hansa_, III, 178.

[1234] Schultz, _D. L._, 414.

[1235] Weinhold, _D. F._, II, 209.

[1236] Eicken, _Mittelalt. Weltanschauung_, 467.

[1237] _Hist. de Paris_, 268.

[1238] Schultz, _D. L._, 277.

[1239] _Ibid._, 283; cf. Janssen, VIII, 391.

[1240] Herod., IV, 104.

[1241] See sec. 366.

[1242] See sec. 178.

[1243] Lea, _Sacerd. Celibacy_, 203, note.

[1244] JAI, XXIV, 119.

[1245] _Eur. Morals_, II, 348.

[1246] Maspero, _Peuples de l'Orient_, I, 736.

[1247] Plutarch, _Romulus_, 22.

[1248] Plutarch, _Comp. of Numa and Lykurgus_.

[1249] Tacitus, _Annals_, I, 10.

[1250] Plutarch, _Cato_.

[1251] Valer. Maxim., VI, 3, 12.

[1252] _Sat._, VI, 230.

[1253] _Apolog._, 6.

[1254] _Epist._, 2.

[1255] _Epist._, 95; _Consolation to his Mother_, 16.

[1256] Dill, _Nero to M. Aurel._, 87.

[1257] _Ibid._, 188.

[1258] Cook, _Fathers of Jesus_, II, 142.

[1259] Grupp, _Kulturgesch. der Röm. Kaiserzeit_, 113.

[1260] Heusler, _Deut. Privatrecht_, II, 291.

[1261] Reichel, _Canon Law_, I, 343.

[1262] _Mann und Weib_, 32.

[1263] JAI, XVIII, 288.

[1264] _Austral. Assoc. Adv. Sci._, 1892, 704.

[1265] Schomburgk, _Brit. Guiana_, I, 122, 164; JAI, XXIV, 205.

[1266] _Peterm. Mittlgen, Erg. heft_, XXV, 9.

[1267] Holm, _Angmagslikerne_, 52; Nelson in _Bur. Eth._, XVIII,

Part i, 292.

[1268] _Borneo_, I, 194.

[1269] _Bijdragen tot T.L. en V.-kunde_, XXXV, 161, 165; Wilken,

_Volkenkunde_, 277.

[1270] IX, 88, 93, 94.

[1271] XI, 59, 171.

[1272] Jolly, _Recht und Sitte der Indo-Arier_, 54, 58.

[1273] Jolly, _Stellung der Frauen bei den allen Indern_, 425.

[1274] Strange, _Hindu Law_, I, 35.

[1275] Gehring, _Süd-Indien_, 78, 80.

[1276] IX, 90.

[1277] _Jo. Soc. Comp. Legisl., N. S._, VIII, 253.

[1278] Jolly, _Recht und Sitte_, 54.

[1279] _Madras Gov. Mus._, II, 162.

[1280] Monier-Williams, _Brahmanism and Hinduism_, 354.

[1281] _Pol.-Anth. Rev._, III, 711.

[1282] Winckler, _Gesetze des Hammurabi_, 22.

[1283] Grimm, _Rechts-Alt._, 436.

[1284] Furnival, _Child-marriages_, XXVII, XXXIX, XL.

[1285] Hauri, _Islam_, 131.

[1286] _Modern Egyptians_, I, 268, 466.

[1287] JAI, X, 138.

[1288] Rubruck, _Eastern Parts_, 78.

[1289] Kohler and Peiser, II, 9.

[1290] Holtzmann, _Ind. Sagen_, I, 258.

[1291] Zimmer, _Altind. Leben_, 328-331.

[1292] V, 157, 161-164.

[1293] Jolly, _Stellung der Frauen_, 448.

[1294] _Nineteenth Cent._, XLV, 769.

[1295] Wilkins, _Modern Hinduism_, 391.

[1296] _Ibid._, 365.

[1297] _Brahmanism and Hinduism_, 472.

[1298] JASB, VI, 119.

[1299] Cf. sec. 376.

[1300] JASB, VI, 376.

[1301] Jolly, _Recht und Sitte_, 61.

[1302] JAI, XII, 290.

[1303] _Ethnol. App. Census of India_, 1901, 74-75.

[1304] Keller, _Homeric Society_, 227; _Iliad_, XXII, 477; V,

389.

[1305] Diodorus Siculus, XII, 12.

[1306] Becker-Hermann, _Charikles_, III, 289.

[1307] Lecky, _Eur. Morals_, II, 316.

[1308] Friedländer, _Sittengesch._, I, 411.

[1309] Athenagoras, _Apolog._, 28; _Constit. Apost._, III, 2.

[1310] Lea, _Sacerd. Celibacy_, 35.

[1311] Wellhausen, _Ehe bei den Arabern_, 433, 455.

[1312] Jolly, _Seconds Mariages_, 194.

[1313] _Ibid._, 177.

[1314] _Ibid._, 193.

[1315] Lea, _Sacerd. Celib._, 283.

[1316] Jolly, _Seconds Mariages_, 193.

[1317] Tacitus, _Germ._, 19.

[1318] Stammler, _Stellung der Frauen im alten Deutschen Recht_,

37.

[1319] _Dialog. of the Exchequer, B_ 2, XVIII.

[1320] Pike, _Crime in England_, I, 428.

[1321] Jolly, _Seconds Mariages_, 202.

[1322] Jolly, _Recht und Sitte der Indo-Arier_, 59; Hopkins,

_Religions of India_, 541; Kohler, _Urgesch. der Ehe_, 28.

[1323] Hearn, _Japan_, 393 ff.

Folkways A Study of the Sociological Importance of Usages, Manners, Customs, Mores, and Morals · 第 9 / 20 章