Note 761 — Chapter V · EARLY HISTORY OF DIVORCE

On these so-called "Zeitehen" and "Ehen auf Proben," in addition to the references, chap. ii, p. 49, note 2, see Post, Familienrecht, 75-79; idem, Afrikanische Jurisprudenz, I, 321-23; Starcke, Primitive Family, 258-60; Westermarck, op. cit., 523, 524, who apparently includes these cases under the head of divorce for sterility. "Proof-marriages" are said even now to be customary in Yorkshire: Bunsen, in ZFE., XIX, 376; Post, op. cit., 77; and a good example is afforded by the Scotch "hand-fasting" prevalent in the eighteenth century: "Two chiefs agreed that the heir of the one should live with the daughter of the other as her husband for a year and a day; if at the end of that time the woman had become a mother, or, at any rate, if she was pregnant, the marriage was regarded as valid, even if unblest by a priest;" otherwise the connection was dissolved: Starcke, op. cit., 260; Skene, The Highlanders of Scotland (London, 1837), 166. Cf. Tegg, The Knot Tied, 222, 223; Brand, Popular Antiquities, II, 87, 88; Bullinger, The Christen State of Matrimonye (1541), 48, 49; Wood, The Wedding Day, 113, 184, 185; Stiles, Bundling, 17, 19. For examples of temporary unions among the American Indians see Westermarck, op. cit., 518, 519. Such marriages are found among the Winnebagoes: Thwaites, in Wis. Hist. Coll., XII, 427.