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
[874] On the morning-gift and dower see HEUSLER,
_Institutionen_, II, 374-79; THRUPP, _The Anglo-Saxon
Home_, 60; GUNDLING, _De emptione uxorum, dote et
morgengaba_ (Helmstedt, 1821); GENGLER, _Die Morgengaba_
(Bamberg, 1843); ECKHARDT, "Das Witthum," _Zeitschrift
für deutsches Recht_, X, 437 ff.; GRUPEN, _De uxore
theotisca_, 49-140; BRUNNER, "Die frankisch-romanische
Dos," _Berliner Sitzungsber._, XXIV, 545 ff.; SIEGEL,
_Deutsche Rechtsgeschichte_, 455-57; FRIEDBERG, "Zur
Geschichte," _ZKR._, I, 365, 366; SPIRGATIS, _Verlobung
und Vermählung_, 14; SCHROEDER, _Güterrecht_, I, 84-94
ZOEPFL, _Deutsche Rechtsgeschichte_, III, 19-21.
[875] SCHROEDER, _Güterrecht_, I, 84-89.
[876] _Ibid._, 89-94.
[877] GLANVILLE, Lib. VI, cap. 1; PHILLIPS,
_Englische Reichs- und Rechtsgeschichte_, II, 381. Compare
SCHROEDER, _op. cit._, I, 89; II, 24-67, _passim_;
YOUNG, in _Essays_, 174; LABOULAYE, _Cond. des
femmes_, 117 ff., 124 ff.; GRIMM, _Rechtsalt._, 441;
and especially the monograph of ASHWORTH, _Das Witthum
(Dower) im eng. Recht_, 9 ff., 18 ff.
This third phase of the _beweddung_ may be clearly discerned in
the English laws of the pre-Norman period, and seems to have been
the prevailing form after the beginning of the tenth century. The
following formulary, dating perhaps from the reign of Eadmund or
Æthelstan, besides its peculiar interest as being the earliest
English betrothal ritual extant, is an excellent example of the
formal contract, though some of its provisions are not clear:
"1. If a man desire to betroth a maiden or a widow, and it so
be agreeable to her and her friends, then it is right that the
bridegroom, according to the law of God, and according to the
customs of the world, first promise and give a 'wed' to those who
are her 'foresprecas,' that he desire her in such wise that he will
keep her, according to God's law, as a husband shall his wife: and
let his friends guarantee that.
"2. After that, it is to be known to whom the 'foster-laen'[878]
belongs: let the bridegroom again give a 'wed' for this: and let his
friends guarantee it.
"3. Then, after that, let the bridegroom declare what he will grant
her, in case she choose his will, and what he will grant her, if she
live longer than he.
"4. If it be so agreed, then it is right that she be entitled to
half the property, and to all, if they have children in common,
except she again choose a husband.[879]
"5. Let him confirm all that which he has promised with a 'wed;' and
let his friends guarantee that.
"6. If they then are agreed in everything, then let the kinsmen take
it in hand, and betroth their kinswoman to wife, and to a righteous
life, to him who desired her, and let him take possession of the
'bohr'[880] who has control of the 'wed.'
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