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
The transition from this last-named form of contract to a third and
still more liberal one was easy and natural. Already in the tenth
century the _beweddung_ had become a merely "formal contract,"
the _wed_, _wette_, _Treugelöbniss_, _wadium_, or _fides facta_
of the early laws.[870] In this case there was not even one-sided
fulfilment through payment of the _arrha_, which in the form of
wine-money was merely _promised_ to the guardian;[871] but instead
the agreement or convention was accompanied by sureties to pay
the _weotuma_ to the bride, and by a solemn act which created the
obligation, and was therefore essential to the contract. Originally
this solemn act consisted in giving and taking the straw (_festuca_)
on the part of the bride and bridegroom. Instead of the straw,
other objects were sometimes employed, such as a piece of cloth,
an arrow, a number of gloves, and the like.[872] The oath or vow
was also substituted for the solemn act; and, particularly in the
later Middle Ages, the most popular symbol by which the contract
was closed was a "weakened" form of the oath, the _Handschlag_,
or hand-fasting, so famous in connection with the history of
English "secret" or "irregular" marriages.[873] It should be
noted that after the betrothal assumes the form of the _wed_, the
_weotuma_ ceases to be of real importance and becomes a gift to
the bride of little value; whereas now the object of real concern
in the convention is the _morgengifu_, or _morning-gift_.[874]
This was originally a small voluntary gift to the bride on the
morning following the nuptials; but as the _weotuma_ decreased the
morning-gift increased in importance. It became customary to grant
them both in the same instrument at the betrothal; so, at length,
they were merged and became a regular legal provision for the widow.
Such was the Lombard _quarta_[875] and the Frankish _tertia_;[876]
the Norman _douaire_, and the _dos ad ostium ecclesiae_ of
Glanville, the predecessors of the modern English dower.[877]
[870] The German _wette_ and Anglo-Saxon _wed_ are from the same
root as _beweddung_.
[871] SOHM, _Eheschliessung_, 30, 31, 317, note.
[872] _Ibid._, 34, 35; SCHROEDER, _Rechtsgeschichte_,
293, 294.
[873] On the oath and _Handschlag_, see SOHM,
_op. cit._, 47-50; on hand-fasting, FRIEDBERG,
_Eheschliessung_, 39 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