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
Nevertheless, after every allowance is made, the custom of
purchasing wives bears the indelible stamp of barbarism. Like
polygyny, which it so often accompanies, it is an offense against
the feelings and the dignity of woman. Therefore, often at a
relatively early period of social progress, it falls into disrepute;
but while it is gradually abandoned as a thing unseemly or
disgraceful, traces of it may long survive. On the one hand, as in
the case of the Roman _coemptio_, the Hindu _ārsha_, the Anglo-Saxon
_beweddung_, or the Jewish contract with the penny, the form of
sale is present in the wedding ceremony; or, on the other hand, the
bride-money, though still rendered, comes in time to be regarded
as simply a compensation for the guardianship of the woman;[717]
or else, passing through several intermediate stages, it is slowly
transformed into a dower.[718]
[717] SOHM, _Eheschliessung_, 22 ff.;
KÖNIGSWARTER, _Histoire de l'organisation de la
famille_, 123; and WEINHOLD, _Deutsche Frauen_, I, 320,
hold this view. But the point is disputed and will be recurred to
in another chapter.
[718] In general, on the decay of wife-purchase, see
WESTERMARCK, _op. cit._, 402-16, who gives the fullest
and most detailed account; POST, _Familienrecht_,
173-81, who discusses the stages of decline.
In the first stage of decline the bride-price appears as a nominal
compensation, out of proportion to the real value of the girl. It
usually consists of presents to the wife's parents or relatives, and
sometimes these are scarcely distinguishable from the "wooing-gifts"
already mentioned; while later it may degenerate into a mere symbol
or become a sportive social observance whose meaning is entirely
forgotten.[719] Again, among a large number of peoples, custom
requires that a part, sometimes all, of the gifts constituting the
price, or their equivalent, shall be returned to the bridegroom or
his family; and it is significant that special care is sometimes
taken, as among the Indians of Oregon, "not to turn over the same
horses or the same articles."[720] With other peoples a part or
the whole of the purchase price comes to the bride herself. Either
the father turns it over as a marriage portion, or it is paid to
her directly by the bridegroom. In the latter case, as Westermarck
observes, it is often difficult "to make out whether the presents
obtained from the bridegroom formed originally a part of the
bride-price or were only a means of gaining her own consent."[721]
One step more, and we reach the stage of development in which the
father provides his daughters with a dotal portion out of his own
substance.[722]
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