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
was always a means of securing her economic independence, and
thus of promoting the happiness of her married life. "In this
way she was protected from tyrannical conduct upon his part, as
well as from the fear of divorce on insufficient grounds. If
a divorce took place the husband was required to hand over to
the wife all the property she had brought with her as dowry,
and she then either returned to her father's home or set up an
independent establishment of her own." The divorced woman might
marry again if she chose. "Marriage was partly a religious and
partly a civil function. The contracting parties frequently
invoked the gods, and signed the contract in the presence of
the priest. At the same time it was a contract, and in order
to be legally valid it had to be drawn up in legal form and
attested by a number of witnesses. Like all other legal documents
it was carefully dated and registered."--_Idem_, _ibid._, 46,
47, 49, 50. _Cf._ for the forms of contract and ceremony his
_Babylonians and Assyrians_, 13-43; also the interesting account
of SIMCOX, _Primitive Civilizations_, I, 360-79; her
discussion of the similarly advanced domestic relations of the
ancient Egyptians, _ibid._, I, 198-225; KOHLER, "Ueber
zwei babylonische Rechtsurkunden aus der Zeit Nabonids," _ZVR._,
V; and HAUPT, _Die sumerischen Familiengesetze_.
Thus, to summarize, it appears in general that the institution
of dower takes its rise in two principal sources: either it is
derived through the return gift from its exact opposite, the ancient
purchase price of the bride; or, as a means of providing in some
way for the wife as a member of the new household, it has developed
along with free marriage, and stands as an expression of the natural
motives and desires upon which the human family rests. Strangely
enough, in our own society the marriage portion "has become a
purchase sum by means of which a father buys a husband for his
daughter."[723] It may be doubted whether the ideas which actuate
the modern plutocrat in such a transaction differ essentially from
those of the rich savage or barbarian who succeeds in procuring a
beautiful or high-born maiden in exchange for his flocks.
[723] In "our days, a woman without a marriage portion, unless
she has some great natural attractions, runs the risk of being
a spinster forever. This state of things naturally grows up
in a society where monogamy is prescribed by law, where the
adult women outnumber the adult men, where many men never
marry, and where married women too often lead an indolent
life."--WESTERMARCK, _op. cit._, 416.
Public-domain text, read in full here on John Shaqi.
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