A History of Matrimonial Institutions, Vol. 1 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 1 of 3
Howard, George Elliott
Families; Marriage -- History
[629] But Manu is not always consistent regarding the legality
of the actual bride-money; see _Ordinances_, IX, 93: BURNELL
AND HOPKINS, 260 n. 7; and _cf._ KOHLER, "Indisches
Ehe- und Familienrecht," _ZVR._, III, 345 n. 8.
[630] BURNELL AND HOPKINS, _Ordinances of Manu_, Lect.
III, 20, 21, 24, 31, 41 ff., 47-50. "This form is also practiced
at the present day by people claiming to be Brahmans, _e. g._,
the Caiva Brahmans, called 'Gurukkal,' in southern India, who
seldom can get wives for less than a thousand rupees. It often
happens that low-caste girls are palmed off on them."--_Ibid._,
49 n. 2. _Cf._ JOLLY, _Hindu Law of Partition_, 73-76,
for a discussion of the marriage forms; _idem_, _Ueber die
rechtliche Stellung der Frauen_, 15-18.
[631] One of the eight marriage forms mentioned by Manu with
approval: The "gift in due form of a maiden is called the
_Ārsha_ rite, when a pair or two of cattle have been legally
received from the bridegroom."--BURNELL AND HOPKINS,
_op. cit._, III, 29, 48, 49. _Cf._ JOLLY, _op. cit._,
16; LEIST, _Alt-arisches Jus Gentium_, 130-33, for
the consequences of disapproval of capture; and for the
transformation of the purchase-price into the _Çulka_ institution
or dower, _ibid._, 501 ff.
[632] WESTERMARCK, _op. cit._, 396; DUBOIS,
_A Description of the Character, Manners, and Customs of the
People of India_ (Madras, 1862), 102; _cf._ BURNELL AND
HOPKINS, _op. cit._, 49 n. 2.
The custom of rendering a compensation for a wife, Aristotle tells
us, was prevalent in ancient Greece.[633] The bride-price consisted
of "countless gifts;"[634] and in the Homeric age a maid was called
"one who yields to her parents many oxen as presents from her
suitor."[635] The Roman marriage by _coemptio_ was a conveyance
of the bride to the bridegroom through the mancipatory process
in essentially the same way as a slave or an ox was sold. Gaius
calls it an "imaginary sale;"[636] and it is usually regarded as a
reminiscence of actual wife-purchase among the primitive Romans or
their ancestors.[637] Moreover, in marriage by _usus_ the husband
gained full control of the wife by a year's prescription, exactly as
in the case of any property.[638]
[633] ARISTOTLE, _Politics_, II, viii. Compare
HRUZA, _Ehebegründung_, 8 ff.
[634] ἥδνα ἀπερείσια: _Iliad_, xvi, l. 178; _Odyssey_, xix, l.
529. _Iliad_, xi, ll. 244 f., mentions one hundred oxen as the
price. _Cf._ LEIST, _op. cit._, 128; SCHRADER,
_Sprachvergleichung und Urgeschichte_, 381, 382.
[635] "Alphesiboia": _Iliad_, xviii, l. 593; _cf._
WESTERMARCK, _op. cit._, 396; and SCHRADER,
_op. cit._, 381.
[636] POSTE, _Gaius_, I, 113, 88, and the editor's
notes, 89 ff.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account