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Protestants and Puritans. No definition of marriage is indeed usually laid
down by the States, but, Howard says (op. cit., vol. ii, p. 395), "in
effect matrimony is treated as a relation partaking of the nature of both
status and contract."
 This point of view has been vigorously set forth by Paul and Victor
Margueritte, _Quelques Idees_.
 I may remark that this was pointed out, and its consequences
vigorously argued, many years ago by C.G. Garrison, "Limits of Divorce,"
_Contemporary Review_, Feb., 1894. "It may safely be asserted," he
concludes, "that marriage presents not one attribute or incident of
anything remotely resembling a contract, either in form, remedy,
procedure, or result; but that in all these aspects, on the contrary, it
is fatally hostile to the principles and practices of that division of the
rights of persons." Marriage is not contract, but conduct.
 See, e.g., P. and V. Margueritte, op. cit.
 As quoted by Howard, op. cit., vol. ii, p. 29.
 Ellen Key similarly (_Ueber Liebe und Ehe_, p. 343) remarks that to
talk of "the duty of life-long fidelity" is much the same as to talk of
"the duty of life-long health." A man may promise, she adds, to do his
best to preserve his life, or his love; he cannot unconditionally
undertake to preserve them.
 Hobhouse, op. cit., vol. 1, pp. 159, 237-9; cf. P. and V.
Margueritte, _Quelques Idees_.
 "Divorce," as Garrison puts it ("Limits of Divorce," _Contemporary
Review_, Feb., 1894), "is the judicial announcement that conduct once
connubial in character and purpose, has lost these qualities.... Divorce
is a question of fact, and not a license to break a promise."
 See, _ante_, p. 425.
 It has been necessary to discuss reproduction in the first chapter
of the present volume, and it will again be necessary in the concluding
chapter. Here we are only concerned with procreation as an element of
 Nietzold, _Die Ehe in AEgypten zur Ptolemaeisch-roemischen Zeit_, 1903,
p. 3. This bond also accorded rights to any children that might be born
during its existence.
 See, e.g., Ellen Key, _Mutter und Kind_, p. 21. The necessity for
the combination of greater freedom of sexual relationships with greater
stringency of parental relationships was clearly realized at an earlier
period by another able woman writer, Miss J.H. Clapperton, in her notable
book, _Scientific Meliorism_, published in 1885. "Legal changes," she
wrote (p. 320), "are required in two directions, viz., towards greater
freedom as to marriage and greater strictness as to parentage. The
marriage union is essentially a private matter with which society has no
call and no right to interfere. Childbirth, on the contrary, is a public
event. It touches the interests of the whole nation."
 Ellen Key, _Liebe und Ehe_, p. 168; cf. the same author's _Century
of the Child_.
 In Germany alone 180,000 "illegitimate" children are born every
year, and the number is rapidly increasing; in England it is only 40,000
per annum, the strong feeling which often exists against such births in
England (as also in France) leading to the wide adoption of methods for
 "Where are real monogamists to be found?" asked Schopenhauer in his
essay, "Ueber die Weibe." And James Hinton was wont to ask: "What is the
meaning of maintaining monogamy? Is there any chance of getting it, I
should like to know? Do you call English life monogamous?"
 "Almost everywhere," says Westermarck of polygyny (which he
discusses fully in Chs. XX-XXII of his _History of Human Marriage_) "it is
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