PART III

A HISTORY OF

MATRIMONIAL INSTITUTIONS

A HISTORY OF

MATRIMONIAL INSTITUTIONS

CHIEFLY IN ENGLAND AND THE UNITED STATES WITH AN INTRODUCTORY

ANALYSIS OF THE LITERATURE AND THE

THEORIES OF PRIMITIVE MARRIAGE

AND THE FAMILY

BY

GEORGE ELLIOTT HOWARD PH.D.

PROFESSORIAL LECTURER IN THE UNIVERSITY OF CHICAGO AUTHOR OF "LOCAL

CONSTITUTIONAL HISTORY OF THE UNITED STATES"

VOLUME THREE

CHICAGO

THE UNIVERSITY OF CHICAGO PRESS

CALLAGHAN & COMPANY

LONDON

T. FISHER UNWIN, PATERNOSTER SQUARE

1904

COPYRIGHT 1904

THE UNIVERSITY OF CHICAGO

Entered at Stationers' Hall

MAY, 1904

TO

Alice Frost Howard

HER HUSBAND DEDICATES THIS BOOK IN

GRATEFUL RECOGNITION OF HER

AID IN MAKING IT

ANALYTICAL TABLE OF CONTENTS

VOLUME ONE

PART I

ANALYSIS OF THE LITERATURE AND THE THEORIES OF PRIMITIVE

MATRIMONIAL INSTITUTIONS

PAGES

CHAPTER I. THE PATRIARCHAL THEORY 3-32

I. Statement of the Theory 9-13

II. Criticism of the Theory by Spencer and McLennan 14-17

III. The Theory in the Light of Recent Research 18-32

CHAPTER II. THEORY OF THE HORDE AND MOTHER-RIGHT 33-89

I. Bachofen and His Disciples 39-65

II. Morgan's Constructive Theory 65-76

III. McLennan's Constructive Theory 77-89

CHAPTER III. THEORY OF THE ORIGINAL PAIRING OR

MONOGAMOUS FAMILY 89-151

I. The Problem of Promiscuity 90-110

II. The Problem of Mother-Right 110-117

III. The Problem of Exogamy 117-132

IV. The Problem of the Successive Forms of the Family 132-151

CHAPTER IV. RISE OF THE MARRIAGE CONTRACT 152-223

I. Wife-Capture and the Symbol of Rape 156-179

II. Wife-Purchase and Its Survival in the Marriage

Ceremony 179-201

III. The Antiquity of Self-Betrothal or Free Marriage 201-210

IV. Primitive Free Marriage Surviving with Purchase,

and the Decay of the Purchase-Contract 210-223

CHAPTER V. EARLY HISTORY OF DIVORCE 224-250

I. The Right of Divorce 224-240

II. The Form of Divorce 240-241

III. The Legal Effects of Divorce 241-247

IV. Frequency of Divorce 247-250

PART II

MATRIMONIAL INSTITUTIONS IN ENGLAND

CHAPTER VI. OLD ENGLISH WIFE-PURCHASE YIELDS TO

FREE MARRIAGE 253-286

I. The Primitive Real Contract of Sale and Its

Modifications 258-276

II. Rise of Free Marriage: Self-_Beweddung_ and

Self-_Gifta_ 276-286

CHAPTER VII. RISE OF ECCLESIASTICAL MARRIAGE: THE

CHURCH ACCEPTS THE LAY CONTRACT AND CEREMONIAL 287-320

I. The Primitive Christian Benediction, the Bride-Mass,

and the Celebration _ad Ostium Ecclesiae_ 291-308

II. The Priest Supersedes the Chosen Guardian, and

_Sponsalia per Verba de Praesenti_ Are Valid 308-320

CHAPTER VIII. RISE OF ECCLESIASTICAL MARRIAGE: THE

CHURCH DEVELOPS AND ADMINISTERS MATRIMONIAL

LAW 321-363

I. The Early Christian Doctrine and the Rise of the

Canonical Theory 324-340

II. Clandestine Marriages the Fruit of the Canonical

Theory 340-349

III. The Evils of the Spiritual Jurisdiction 351-359

IV. Publicity Sought through Banns and Registration 359-363

CHAPTER IX. THE PROTESTANT CONCEPTION OF MARRIAGE 364-403

I. As to the Form of Marriage 370-386

II. As to the Nature of Marriage 386-399

III. Child-Marriages in the Age of Elizabeth 399-403

CHAPTER X. RISE OF CIVIL MARRIAGE 404-473

I. Cromwell's Civil Marriage Act, 1653 408-435

II. Fleet Marriages and the Hardwicke Act, 1753 435-460

III. The Present English Law 460-473

VOLUME TWO

PART II--_Continued_

CHAPTER XI. HISTORY OF SEPARATION AND DIVORCE UNDER

ENGLISH AND ECCLESIASTICAL LAW 3-117

I. The Early Christian Doctrine and the Theory of

the Canon Law 11-60

_a_) Historical Elements of the Christian Teaching 11-23

_b_) Views of the Early Fathers 23-28

_c_) The Legislation of the Christian Emperors 28-33

_d_) The Compromise with German Custom 33-46

_e_) Final Settlement of the Christian Doctrine in

the Canon Law 47-60

II. The Protestant Doctrine of Divorce 60-85

_a_) Opinions of Luther and the Continental Reformers 60-71

_b_) Opinions of the English Reformers 71-85

III. Law and Theory during Three Centuries 85-117

_a_) The Views of Milton 85-92

_b_) Void and Voidable Contracts 92-102

_c_) Parliamentary Divorce 102-109

_d_) The Present English Law 109-117

PART III

MATRIMONIAL INSTITUTIONS IN THE UNITED STATES

A History of Matrimonial Institutions, Vol. 3 of 3 · 第 1 / 15 章