ivorce by mutual consent takes place for incompatibility of
temperament, or when both husband and wife desire it. There are,
however, various antiquated and peculiar provisions in the
Chinese marriage laws, and divorce is compulsory for the wife's
adultery or serious physical injuries inflicted by either party
on the other. (The marriage laws of China are fully set forth by
Paul d'Enjoy, _La Revue_, Sept. 1, 1905.)
Among the Eskimo (who, as readers of Nansen's fascinating books
on their morals will know, are in some respects a highly
socialized people) the sexes are absolutely equal, marriages are
perfectly free, and separation is equally free. The result is
that there are no uncongenial unions, and that no unpleasant word
is heard between man and wife (Stefansson, _Harper's Magazine_,
Nov., 1908).
Among the ancient Welsh, women, both before and after marriage,
enjoyed great freedom, far more than was afforded either by
Christianity or the English Common law. "Practically either
husband or wife could separate when either one or both chose"
(Rhys and Brynmor-Jones, _The Welsh People_, p. 214). It was so
also in ancient Ireland. Women held a very high position, and the
marriage tie was very free, so as to be practically, it would
appear, dissoluble by mutual consent. So far as the Brehon laws
show, says Ginnell (_The Brehon Laws_, p. 212), "the marriage
relation was extremely loose, and divorce was as easy, and could
be obtained on as slight ground, as is now the case in some of
the States of the American Union. It appears to have been
obtained more easily by the wife than by the husband. When
obtained on her petition, she took away with her all the property
she had brought her husband, all her husband had settled upon
her on their marriage, and in addition so much of her husband's
property as her industry appeared to have entitled her to."
Even in early French history we find that divorce by mutual
consent was very common. It was sufficient to prepare in
duplicate a formal document to this effect: "Since between N. and
his wife there is discord instead of charity according to God,
and that in consequence it is impossible for them to live
together, it has pleased both to separate, and they have
accordingly done so." Each of the parties was thus free either to
retire
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