SURVIVALS EXIST IN ALL KINDS OF SOCIETIES 1 6 1 



are eliminated root and branch. It is in countries 

 like England, where modifications are brought about 

 with a due respect for old customs and traditions 

 that ceremonies, institutions and customs exhibit 

 the greatest number of survivals. 



2. Survivals of ancient forms of marriage and of 

 the family in Modern Europe. 



We think we may regard it as proved that 

 all societies exhibit instances of survival, but in 

 order to further demonstrate the universal character 

 of retrogressive evolution, we shall show, by means 

 of a careful study of one particular institution, that 

 vestiges of former institutions are neither rare nor 

 exceptional, taking as examples the various forms 

 of marriage and of the family throughout Modern 

 Europe. 



1. Forms of Marriage. From archaic times up 

 to our own, we find that among modern nations, 

 marriage by capture, marriage by purchase, and 

 marriage with the consent of the woman have been 

 successively followed by marriage by simple consent, 

 religious marriage (in facie Ecclesice) and civil 

 marriage, 1 and that survivals remain of all the 

 forms of marriage anterior to civil marriage. 2 



1 Paul Viollet, Histoire du droit civil Franqais, p. 424 and 

 following. Paris, Larose & Forcel, 1893. 



2 Westermarck, The History of Human Marriage, 1892, p. 418 

 (when the mode of contracting a marriage altered, the earlier mode, 

 from having been a reality, survived as "ceremony"). 



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