Chapter 23

[680]Spencer,Principles of Sociology, I, 748, 750. Elsewhere he says: "The only limit to the brutality women are subjected to by men of the lowest races is the inability to live and propagate under greater;" but, he adds, savage women are just as selfish and just as cruel as men, they only lack thepower. A captured or purchased woman is an "absolute possession."—Ibid., I, 746-49.

[681]Letourneau,L'évolution du mariage, 150, 130 ff.Kohler, inZVR., V, 338 ff.; VI, 342, 343; VIII, 242; XI, 416, 423, appears to take the same position.Cf.also his "Indisches Ehe- und Familienrecht,"ZVR., III, 357 ff.; andLubbock,Origin of Civilization, 99 ff.;Post,Familienrecht, 201-5;Friedrichs, inZVR., VIII, 377, notes;Bernhöft, inZVR., IV, 234;idem,Staat und Recht der röm. Königszeit, 196 ff.

[682]Wake,Marriage and Kinship, 180, 183, 198 ff., holds, against Kames, that even in the case of polygyny the evil effects of purchase may be exaggerated, though they are often bad.

[683]Westermarck,op. cit., 223-35, gives a detailed discussion of the paternal power as to the liberty of the son. Very often, though not so generally as the daughter, he is denied freedom of choice in marriage.

[684]Ibid., 222.Starcke,Primitive Family, 256, 257, emphasizes the importance of female labor in early marriage; and this fact is well established by Grosse in the book already analyzed.

[685]On the place of the wooer in wife-purchase seeLeist,Alt-arisches Jus Gentium, 130 ff. What Spencer says of marriage by service is true in a high degree of marriage by purchase in general:Spencer,op. cit., I, 754, 755.

[686]On the radical difference between elopement and capture seeFison and Howitt,Kamilaroi and Kurnai, 354, 343, 348-51; and comparePloss,Das Weib, I, 53, 54;Westermarck,op. cit., 223.

[687]Darwin,op. cit., chap. xx, 597, 598.Among the Point Barrow Eskimo marriages are formed for "reasons of interest." Sometimes a wife is taken against her will. Yet "women appear to stand on a footing of perfect equality with the men both in the family and in the community." The "wife is the constant and trusted companion of the man in everything except the hunt, and her opinion is sought in every bargain or other important undertaking."—Murdoch, inIX. Rep. of Bureau of Eth., 410, 413, 414.Cf.Egede,Greenland, 144.

[687]Darwin,op. cit., chap. xx, 597, 598.

Among the Point Barrow Eskimo marriages are formed for "reasons of interest." Sometimes a wife is taken against her will. Yet "women appear to stand on a footing of perfect equality with the men both in the family and in the community." The "wife is the constant and trusted companion of the man in everything except the hunt, and her opinion is sought in every bargain or other important undertaking."—Murdoch, inIX. Rep. of Bureau of Eth., 410, 413, 414.Cf.Egede,Greenland, 144.

[688]Westermarck,op. cit., 216, 9.Captain Musters,At Home with the Patagonians(1872), affirms that the finest trait of the Patagonian "Tehuelches character is 'their love for their wives and children; matrimonial disputes are rare, and wife-beating unknown; and the intense grief with which the loss of a wife is mourned is certainly not 'civilized,' for the widower will destroy all his stock and burn all his possessions,' and possibly become careless of his life." A similar affection is shown among the Eskimo, who are also polygynous:Wake,Marriage and Kinship, 184, 185.Free courtship exists among the Omahas:Dorsey, "Omaha Sociology,"III. Rep. of Bureau of Eth., 259, 260; and in general there is sometimes individual choice among the Siouan peoples:idem, "Siouan Sociology,"ibid., XV, 178.

Free courtship exists among the Omahas:Dorsey, "Omaha Sociology,"III. Rep. of Bureau of Eth., 259, 260; and in general there is sometimes individual choice among the Siouan peoples:idem, "Siouan Sociology,"ibid., XV, 178.

[689]Dobrizhoffer,Account, II, 207;cf.Darwin,op. cit., chap. xx, 598; andPloss,Das Weib, I, 53, 54;Klemm,Kulturgeschichte, II, 75.

[690]Darwin,op. cit., chap. xx, 598;Westermarck,op. cit., 216.

[691]Westermarck,op. cit., 216, and authorities there cited.

[692]Ploss,op. cit., I, 53.

[693]Among the Kaniagmuts, Thlinkets, Nutkas, and the South American Guanás:Westermarck,op. cit., 215, 216. Divorce is free among the South American Charuas:Darwin,op. cit., 598. For evidence of courtship and consent among the California Indians seeBancroft,Native Races, I, 398, 411, 412.Spencer,op. cit., I, 722, 723, 754, 755, discusses the favorable position of women among the American aborigines and elsewhere, due in part to "likeness of occupations between the sexes." For further illustrations of freedom of choice or of liberty in the family seePratz,Hist. de la Louisiane, II, 385, 389;Waitz,Anthropologie, III, 101, 103;Ratzel,Hist. of Mankind, II, 125, 128.

[694]Riggs, "Dakota Grammar,"Cont. N. A. Eth., IX, 206, gives an example.Cf.also the cases mentioned byWestermarck,op. cit., 215.

[695]Fritsch,Die Eingeborenen Süd-Afrikas, 112, 113; with whomWake,op. cit., 213, 215, agrees.

[696]Westermarck,op. cit., 220;Leslie,Among the Zulus and Amatongas, 194;cf.alsoPloss,Das Weib, I, 54;Darwin,op. cit., 598. The despotic power of the husband is modified in practice through influence of the wife's friends:Rehme, inZVR., X, 39, 40, 41, 42;Ratzel,Hist. of Mankind, II, 434.

[697]Fritsch,Die Eingeborenen Süd-Afrikas, 192, 444, 445.

[698]Darwin,op. cit., 599. Freedom of choice in varying degrees, often with wife-purchase, prevails among the Ashantees, Loangos, Sognos, Shulis, Mádis, Marutses, Hottentots, and Gold Coast negroes:Westermarck,op. cit., 220, 221;Ploss,op. cit., I, 54.Cf.Wake,op. cit., 214, 215;Munzinger,Ostaf. Studien, 146, 207, 324;Waitz,Anthropologie, II, 116, 117.

[699]For these examples seeWestermarck,op. cit., 218, notes.

[700]Westermarck,op. cit., 218. According toKohler, "Studien,"ZVR., V, 385, actual wife-capture still exists in the New Britain islands. "Es kommt vor, dass die Frau dem ersten Mann weggenommen wird und dass die Leiche des getödteten ersten Mannes das Hochzeitsmahl bildet."—Powell, "Unter den Cannibalen,"Globus(1884), 328.

[701]Kohler, "Das Recht der Birmannen,"ZVR., VI, 166, 168.

[702]Westermarck,op. cit., 219.

[703]SeeWestermarck,op. cit., 218-20, and the many examples there mentioned, with citation of the sources; and comparePost,Familienrecht, 166, 168, 169,passim;Kohler, inZVR., V, 354 ff.;Wake,op. cit., 215, 216;Prjévalski,Mongolie et pays des Tangoutes(1880), 47, 207;Huc,Travels in Tartary, I, 52, 185. For female choice in Australia:Fison and Howitt,Kamilaroi and Kurnai, 234, 242, 326, 327 (Kurnai); 276, 280, 289, 348-54 (elopement). The Kalmuck wife is a free woman:Koehne, "Das Recht der Kalmücken,"ZVR., IX, 463; andWakegives interesting proofs of the coexistence of real affection with polygyny and purchase:op. cit., 218.

[704]So among the Kafirs:Shooter,The Kafirs of Natal and the Zulu Country(London, 1857), 49:Westermarck,op. cit., 402; and among other tribes:ibid., 402, note.

[705]Compare the remark ofWake,op. cit., 199, who, in speaking of purchase in its relations to polygyny, says: "It may be doubted whether the ideas which govern such a transaction (wife-purchase) are very different from those which guide persons under similar circumstances in monogamatic societies. When the savage buys a girl to be his wife, it is for the purpose of having, if not a companion, a helpmate, and a mother of his children, and her father parts with her for those objects."

[706]Accordingly, it is sometimes regarded as a disgrace to marry without payment of the bride-price; and the girl takes pride in the amount she brings to her father. For examples seeWake,op. cit., 183, 191;Bancroft,Native Races, I, 277, 349, 350;Powers,Tribes of California, 22, 56.

[707]Kohler, "Die Gewohnheitsrechte des Pendschabs,"ZVR., VII, 227.Cf.Tupper,Punjab Customary Law, III, 9, who gives the decision referred to; andLeist,Alt-arisches Jus Gentium, 46, 47.

[708]We have here the case of an "appointed daughter." The son of a "brotherless maiden" was sometimes reserved to be the heir of her father, not of her husband. How could a man marry such a brotherless girl and secure himself in the possession of his child, to continue his own hearth-worship? This might be effected by payment of the "official" price of one hundred cows and one wagon (Wagen), and this was so even in the later period when the law-books frowned upon wife-purchase:Leist,op. cit., 110 n. 10, 127 n. 3, 130, 131, and the references to the ancient law-books there given.

[709]Westermarck,op. cit., 397.

[710]CompareSarasin,Die Weddas von Ceylon, I, 460, 461. Sometimes girdles (Lendenschnuren) are exchanged by bride and groom. Free courtship exists; and this primitive people presents a notable example of the pairing-family. The English authorDeButtsnaïvely remarks, "The savage Veddahs live in pairs like the beasts of the forest":Sarasin,op. cit., I, 549.

[711]Such is the case among the Ainos of Yesso and the Brazilian Puris, Coroados, and Coropos:Westermarck,op. cit., 397, 398. Among the Polynesians the present seems to be designed to gain the good-will of the wife's parents, but when the wife's family is the inferior in rank, the husband, though rendering the wooing-gift, receives a dower with his bride:Wake,op. cit., 390. On the "wooing-gift" seePost,Familienrecht, 173, 175;idem,Afrikanische Jurisprudenz, I, 342 ff.;Kohler, inZVR., V, 356;Koehne,ibid., IX, 461 (Kalmucks);Hildebrand,Ueber das Problem, 17 ff., who, as already noted, regards gift as preceding purchase; andCrawley,Mystic Rose, 386 ff., who holds that "the so-called bride-price was originally of the same class as thekalduke, a pledge, a part of one's self, given to another and received from him."

[712]Among the Seri the woman has much liberty of choice: "certainly she holds the power of veto, ostensible if not actual." During the preliminary courtship she occupies a position of great dignity. "When all parties concerned are eventually satisfied a probationary marriage is arranged, and the groom leaves his clan and attaches himself to that of his bride. Two essential conditions—one of material character and the other moral—are involved in this probationary union; in the first place the groom must become the provider for, and the protector of, the entire family of the bride." For a year he thus shows his "skill in turtle-fishing, strength in chase, subtlety in warfare, and all other physical qualities of competent manhood.... During the same period the groom shares the jacal and sleeping robe provided for the prospective matron by her kinswomen, not as a privileged spouse, but merely as a protecting companion; and throughout this probationary term he is compelled to maintain continence—i. e., he must display the most indubitable proofs of moral force." To this kind of service the character of wife-purchase is denied:McGee, "The Seri Indians,"XVII. Rep. of Bureau of Eth., Part I, 279 ff.

[713]For these and other examples seeKohler, "Studien,"ZVR., V, 342, 351, 353;Post,Familienrecht, 176-79;idem,Ursprung des Rechts, 65;idem,Anfänge des Staats- und Rechtslebens, 55;Bancroft,Native Races, I.

[714]Among the Todas, on betrothal, "dowers" consisting of buffaloes are exchanged. If the husband discards his wife, her father demands a return of her dower; if the wife abandons the husband, his father may take back his gift. In case the marriage be canceled because the husband has not fulfilled his part of the contract he may be "fined a buffalo or two":Marshall,A Phrenologist amongst the Todas, 210-13, 217-19. CompareWake,op. cit., 451.

[715]See the passage quoted fromBoaz, p. 191, above. The "ceremonies" may sometimes be intended to prove the man's ability to support a family:Ratzel,Hist. of Mankind, II, 125.

[716]Wake,op. cit., 390;Lafitau,Mœurs des sauvages amériquains, I, 565, 568.Cf.Morgan,Ancient Society, 454, on the presents to the wife's relatives among the Syndiasmians (American Indians).

[717]Sohm,Eheschliessung, 22 ff.;Königswarter,Histoire de l'organisation de la famille, 123; andWeinhold,Deutsche Frauen, I, 320, hold this view. But the point is disputed and will be recurred to in another chapter.

[718]In general, on the decay of wife-purchase, seeWestermarck,op. cit., 402-16, who gives the fullest and most detailed account;Post,Familienrecht, 173-81, who discusses the stages of decline.

[719]Thus in Lovrec, Dalmatia, where the bride-price is no longer customary, when theBrautführer, on the day before the nuptials, comes to the bride's home for theBrautkistecontaining her trousseau, he finds a child sitting upon it, who must be bought off through payment of a piece of gold:Post,op. cit., 177. Sometimes the symbolical purchase coexists for a time with real purchase:ibid., 177;idem,Geschlechtsgenossenschaft, 73;idem,Grundlagen des Rechts, 235.

[720]Westermarck,op. cit., 409 ff. For many examples of exchange of gifts seeKohler, "Studien,"ZVR., V, 340, 341, 347-49, 351, 353, 365;Post,op. cit., 177-79.

[721]Westermarck,op. cit., 409, 410, giving examples.

[722]The marriage contract had already reached this last stage among the ancient Babylonians and Assyrians. They had a remarkably high ideal of family life. The facts disclosed by the records are wholly inconsistent with Herodotus's story regarding the sacred prostitution of the unmarried women. At the nuptials it was customary to state that the bride was "pure" or "without stain." Polygyny existed only as the rare luxury of the rich. As a rule, the formation of a second marriage was equivalent to a divorce from the first. Two principles, declaresSayce, the maternal and the paternal, "were struggling for recognition." Perhaps "they were due to a duality of race; perhaps they were merely a result of the circumstances under which the Babylonians lived. At times it would seem as if we must pronounce the Babylonian family to have been patriarchal in character; at other times the wife and mother occupies an independent and even commanding position. It may be noted that whereas in the old Sumerian hymns the woman takes precedence of the man, Semitic translation invariably reverses the order: the one has 'female and male,' the other 'male and female.'"—Babylonians and Assyrians, 13. The practical result was that the sexes were nearly equal in marriage. The individual and not the family was the social unit; and the individuality of the woman was fully recognized. She controlled her own property. She could buy and sell, borrow and lend, sue and be sued, and inherit equally with her brother. She might become a priestess, the head of a city, or the queen of the state. The wife was her husband's equal in the business world. The possession of property "brought with it the enjoyment of considerable authority." She "could act apart from her husband, could enter into partnership, could trade with her money, and conduct law-suits in her own name."—Idem,Social Life among the Assyrians and Babylonians, 50, 51. The bride's dower was paid by her father to the bridegroom; but it was her property. Sometimes the husband enjoyed the use of it for life; sometimes the wife disposed of it as her private capital. It was always a means of securing her economic independence, and thus of promoting the happiness of her married life. "In this way she was protected from tyrannical conduct upon his part, as well as from the fear of divorce on insufficient grounds. If a divorce took place the husband was required to hand over to the wife all the property she had brought with her as dowry, and she then either returned to her father's home or set up an independent establishment of her own." The divorced woman might marry again if she chose. "Marriage was partly a religious and partly a civil function. The contracting parties frequently invoked the gods, and signed the contract in the presence of the priest. At the same time it was a contract, and in order to be legally valid it had to be drawn up in legal form and attested by a number of witnesses. Like all other legal documents it was carefully dated and registered."—Idem,ibid., 46, 47, 49, 50.Cf.for the forms of contract and ceremony hisBabylonians and Assyrians, 13-43; also the interesting account ofSimcox,Primitive Civilizations, I, 360-79; her discussion of the similarly advanced domestic relations of the ancient Egyptians,ibid., I, 198-225;Kohler, "Ueber zwei babylonische Rechtsurkunden aus der Zeit Nabonids,"ZVR., V; andHaupt,Die sumerischen Familiengesetze.

[723]In "our days, a woman without a marriage portion, unless she has some great natural attractions, runs the risk of being a spinster forever. This state of things naturally grows up in a society where monogamy is prescribed by law, where the adult women outnumber the adult men, where many men never marry, and where married women too often lead an indolent life."—Westermarck,op. cit., 416.

[724]For the proof, see, for instance, the numerous writings of Riedel, Wilken, Bastian, Friedrichs, Bernhöft, Post, and Kohler.

[725]Post,Familienrecht, 75-79, 249-65;idem,Anfänge, 20, 21;idem,Afrikanische Jurisprudenz, I, 320 ff., 434 ff.;idem,Grundlagen des Rechts, 267 ff.

[726]Post,Familienrecht, 250-58, enumerates six classes of peoples according to the freedom of divorce: (1) the marriage relation loose and dissoluble at the pleasure of either party; (2) marriage indissoluble; (3) divorce only by mutual consent; (4) divorce the right of the husband only; (5) divorce the right of the wife; (6) divorce only on definite grounds, these grounds either being the same for either spouse or different for the man and the woman respectively. In the text examples of the fifth group are given in connection with the cases of divorce at the pleasure of either party; for where the wife has the right to put away or leave the husband when she likes, the husband, unless in very exceptional cases (Post,Grundlagen, 271), appears to have the same privilege with respect to the wife; hence Post's first and fifth groups are practically the same.In general on the first phase, seePost,Afrikanische Jurisprudenz, I, 433-38;idem,Grundlagen, 267 ff.;idem,Familienrecht, 249-51;Letourneau,L'évolution du mariage, 284 ff., 289, 290;Bernhöft, "Das Gesetz von Gortyn,"ZVR., VI, 430 ff., 434;Westermarck,Human Marriage, 518 ff.

In general on the first phase, seePost,Afrikanische Jurisprudenz, I, 433-38;idem,Grundlagen, 267 ff.;idem,Familienrecht, 249-51;Letourneau,L'évolution du mariage, 284 ff., 289, 290;Bernhöft, "Das Gesetz von Gortyn,"ZVR., VI, 430 ff., 434;Westermarck,Human Marriage, 518 ff.

[727]Post,Afrikanische Jurisprudenz, I, 436, 437. The husband seems also to have absolute right of divorce:Letourneau,op. cit., 285.

[728]Post,op. cit., I, 437.

[729]Among the Mundingos the wife has an action against the husband for abuse; in Soulimana she may leave him, if the bride-presents are restored; while among the Krus in such cases her relatives must repay double the purchase price;Waitz,Anthropologie, II, 119, 120. Among the Charruas, where polygyny exists, the wife abandons the husband if an unmarried man will take her:Klemm,Kulturgeschichte, II, 75.

[730]Post,Familienrecht, 251.

[731]ibid.

[732]This is the conclusion ofKohler, "Aus der Praxis des buddhistischen Rechts in Birma,"ZVR., VI, 389-91, following the interesting decisions inJardine,Circulars (Civil and Criminal) of the Court of the Judicial Commissioner of British Burma, 1883 (Rangoon, 1884).Cf.alsoKohler, inZVR., VI, 172;Post,Familienrecht, 251; andWestermarck,op. cit., 528.

[733]Among the early Arabians the woman as well as the man had entire freedom of divorce. Thenikâh al-mot'a, or temporary contract-marriage, amounted merely to a restriction of the woman's power of divorce during the short term of agreement:Smith,Kinship and Marriage, 59 ff., 65 ff.;Kremer,Kulturgeschichte des Orients, I. 538;Wilken,Das Matriarchat, 18, 9 ff.:ap.Ammianus Marcellinus, Book XIV, sec. iv, 4,Yonge'strans. (London, 1887), 11. By the later Arabian law, after the rise of wife-capture and wife-purchase, divorce became the sole privilege of the husband; and the same is true under the still later law.Cf.in general,Hellwald,Die mensch. Familie, chaps. xxii, xxiii;Kohler, "Ueber das vorislamitische Recht der Araber,"ZVR., VIII, 244, 248, 257;Friedrichs, "Das Eherecht des Islam,"ibid., VII, 263-69.

[734]Rehme, "Ueber das Recht der Amaxosa,"ZVR., X, 38, 39;cf.Post,Afrikanische Jurisprudenz, I, 436.Fritsch,Die Eingeborenen Süd-Afrikas, 113, says that in cases of very cruel treatment the wife may abandon the husband and return to her family; to get her back the husband has to make an after-payment.

[735]In two cases wives left their husbands for bad treatment. Occasionally the man repudiates his wife; and sometimes there are several changes or exchanges before a permanent choice is made. When, however, a union is once settled, it is not easily dissolved:Murdoch, inIX. Rep. of Bureau of Eth., 411, 412. Similar freedom for both sexes prevails among the Eskimo about Bering Strait:Nelson,ibid., XVIII, Part I, 292.

[736]Dorsey, "Omaha Sociology,"III. Rep. of Bureau of Eth., 261,262. For further examples of easy divorce among the Indians seeTurner, "Ethnology of the Ungava District,"ibid., XI, 270 (Nenenot);Report Smith. Inst., 1885, 71 (Pawnees marry and unmarry at pleasure);Anchieta, "Informação,"Revist. Trim. Hist., VIII, 254-62 (the woman leaves the man at pleasure in Brazil).

[737]The old Indie law does not recognize a proper divorce, though the husband may "supersede" his wife; but sometimes by the existing custom of Indian peoples it is allowed:Kohler, inZVR., III, 384, 386 ff.; VII, 236; XI, 169.Cf.Friedrichs,ibid., X, 251;Westermarck,op. cit., 525;Letourneau,op. cit., 301, 302.

[738]Sarasin,Die Weddas von Ceylon, I, 459.

[739]Post,Familienrecht, 251, 252, following the researches of Wilken and Riedel. This rule applies, apparently, only to the Papuas of Geelvinkbai in New Guinea; elsewhere in that island the man may put away the woman at pleasure:Kohler, "Ueber das Recht der Papuas auf Neu-Guinea," inZVR., VII, 373. In generalcf.Westermarck,op. cit., 517.

[740]Post,op. cit., 252. In some instances, however, mutual agreement is only one of several grounds on which dissolution of the marriage is allowed. "So ist z. B. auf Mukuhiva, auf den Marianen, bei den Koluschen eine Trennung der Ehe durch gegenseitige Uebereinkunft gestattet. Ebenso in Birma."—Post,loc. cit., 252, 253.

[741]Dawson,Australian Aborigines, 33-36. Divorce by mutual consent is lawful in Polynesia, but it rarely occurs if there are children:Avery, "The Indo-Pacific Oceans,"Am. Ant., VI, 366; the same is true of some American peoples:Waitz,Anthropologie, III, 328.

[742]Munzinger,Ostaf. Studien, 241.

[743]For these cases seeWestermarck,op. cit., 520-23;Post,Familienrecht, 253, 254;idem,Afrikanische Jurisprudenz, I, 433-36;idem,Grundlagen, 268, 269;Friedrichs, "Familienstufen und Eheformen,"ZVR., X, 251, 252;Kohler, "Studien,"ibid., V, 340, 341 (Mongols and Tunguse);idem, "Ueber das Recht der Koreaner,"ibid., VI, 403; andLetourneau,L'évolution du mariage, 286 ff., 289 ff.

[744]McLennan,Studies, I, 141, 142, note;Post,Familienrecht, 253. But this is not the general rule, as below shown.

[745]Post,Afrikanische Jurisprudenz, I, 433 ff.;Waitz,Anthropologie, II, 109, 115 (only the woman legally capable of adultery), 120;Munzinger,Ostaf. Studien, 320 (Beni Amer).

[746]Post,Familienrecht, 253.

[747]Westermarck,op. cit., 520, 521.

[748]Powers,Tribes of Cal., 56.

[749]Ibid., 178.

[750]After the wife is "thrown away" the husband becomes a "young man" again, and seeks new partners:Beckwith, "Customs of the Dakotahs,"Rep. Smith. Inst., 1886, Part I, 256.Cf.also on the man's absolute right of divorce,Dorsey, "Siouan Sociology,"XV. Rep. of Bureau of Eth., 225.

[751]Dobrizhoffer,Account, II, 210-12, 96, 138;cf.Guimarães, "Memoria,"Revist. Trim. Hist., VI, 307.

[752]Bonwick,Daily Life and Origin of the Tasmanians, 73, 74. The Tasmanian woman, he adds, even when divorced "was by no means free, as the tribe exercised jurisdiction" in her "affairs and the disposal of her person. She soon came under bondage again to another man, though perhaps to a younger than her first affianced one; as the young fellows were in most instances supplied with their first partners from the overflowing establishments of their seniors, or by the grant of a cast-off bit of property."

[753]Westermarck,op. cit., 520, 521, citing Deut. 24:1;Meier and Schömann,Der attische Process, 511;McKenzie,Studies in Roman Law, 123 ff.;Grimm,Rechtsalterthümer, 454. On the Hebrews see alsoLetourneau,op. cit., 302, 303;Glasson,Le mariage civil et le divorce, 145 ff.

[754]Post,Familienrecht, 253, 254;Riedel, inZFE., XVII, 78.

[755]"In den Gallareichen kann der Mann die Frau verstossen, weil sie ihm langweilig geworden oder zu den häuslichen Geschäften nicht tauglich ist. Will er dagegen keine Scheidung, sondern nur Trennung, so ergiebt sich die Frau der Prostitution und kann vom Gatten für sich und ihre illegitimen Kinder Wohnung und die nöthigen Nahrungsmittel beanspruchen."—Post,Familienrecht, 253, 254. In New Caledonia, likewise, the wife may be put away because she bores her husband:Letourneau,op. cit., 285.

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