George Elliott Howard - A History of Matrimonial Institutions, Vol. 2 of 3

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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 TWO

CHICAGO
THE UNIVERSITY OF CHICAGO PRESS
CALLAGHAN & COMPANY
LONDON
T. FISHER UNWIN, PATERNOSTER SQUARE
1904

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Copyright 1904
The University of Chicago
Entered at Stationers' Hall

May, 1904

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TO
Alice Frost Howard
HER HUSBAND DEDICATES THIS BOOK IN
GRATEFUL RECOGNITION OF HER
AID IN MAKING IT

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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 IIContinued

Chapter XI. History of Separation and Divorce under English and Ecclesiastical Law	-117
I. The Early Christian Doctrine and the Theory of the Canon Law	-60
a) Historical Elements of the Christian Teaching	-23
b) Views of the Early Fathers	-28
c) The Legislation of the Christian Emperors	-33
d) The Compromise with German Custom	-46
e) Final Settlement of the Christian Doctrine in the Canon Law	-60
II. The Protestant Doctrine of Divorce	-85
a) Opinions of Luther and the Continental Reformers	-71
b) Opinions of the English Reformers	-85
III. Law and Theory during Three Centuries	-117
a) The Views of Milton	-92
b) Void and Voidable Contracts	-102
c) Parliamentary Divorce	-109
d) The Present English Law	-117

PART III

MATRIMONIAL INSTITUTIONS IN THE UNITED STATES

Chapter XII. Obligatory Civil Marriage in the New England Colonies	-226
I. The Magistrate Supersedes the Priest at the Nuptials	-143
II. Banns, Consent, and Registration	-151
III. Courtship, Proposals, and Government of Single Persons	-169
IV. Pre-contracts, Bundling, and Sexual Immorality	-200
V. Breach of Promise and Marriage Portions	-209
VI. Self-Gifta, Clandestine Contracts, and Forbidden Degrees	-215
VII. Slave-Marriages	-226
Chapter XIII. Ecclesiastical Rites and the Rise of Civil Marriage in the Southern Colonies	-263
I. The Religious Ceremony and Lay Administration in Virginia	-239
II. Optional Civil Marriage and the Rise of Obligatory Religious Celebration in Maryland	-247
III. The Struggle for Civil Marriage and Free Religious Celebration in North Carolina	-259
IV. Episcopal Rites by Law and Free Civil or Religious Celebration by Custom in South Carolina and Georgia	-263
Chapter XIV. Optional Civil or Ecclesiastical Marriage in the Middle Colonies

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