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
"7. But if a man desire to lead her out of the land, into another
thane's land, then it will be advisable for her that her friends
have an agreement that no wrong shall be done to her; and if she
commit a fault, that they may be nearest in the 'bot,' if she have
not whereof she can make 'bot.'"[881]
[878] The meaning of "foster-laen" is uncertain. SCHMID
wrongly identifies it with the _gyft_ of INE, 31, and
thinks it is the purchase price of the bride, that is, the
_weotuma_: _Gesetze_, 34, 35, note. THORPE regards it
also as the purchase price paid to the family of the bride:
_Anc. Laws_, I, 254, note. SCHROEDER, _Güterrecht_, I,
51 n. 13, believes it to be a provision for maintenance of the
children. But SOHM renders it _Weinkauf_, "drink-money,"
and this is probably right. It is a form or application of the
_arrha_, which is not now paid down, but, the contract being
formal, is promised to the guardian. The _arrha_ had customarily
been spent in treating the guests: _Eheschliessung_, 30, 31, 317,
note.
[879] "The language of this law seems to indicate that the
_legal_ endowment of the woman was one-third of the chattels, as
in INE, c. 57. By contract, however, before marriage,
the husband might increase this to one-half."--THORPE,
I, 255, note.
[880] The _bohr_ was the surety for fulfilment of the pledges.
[881] THORPE, _Anc. Laws_, I, 255, 257, who classes this
formulary with the laws of Eadmund. SCHMID leaves the
date undetermined, but thinks it may with as much probability be
ascribed to Eadmund or Æthelstan as any other king: _Gesetze_,
lxv, find _Anhang_, VI, 391, 393. _Cf._ POLLOCK AND
MAITLAND, _Hist. Eng. Law_, II, 367; and DIECKHOFF,
_Kirchliche Trauung_, 68 ff., who gives the text of this ritual.
The form of betrothal here described is that of the _wed_. The
_foster-laen_, or wine-money, a substitute for the _arrha_, is not
paid down, but it is merely promised to the guardian; while the
morning-gift--"in case she choose his will"--and the _weotuma_--"if
she live longer than he"--are the important elements, and these
belong to the bride.[882]
[882] SOHM, _Eheschliessung_, 155, 100 n. 60, 317.
SCHROEDER, _Güterrecht_, I, 53, 54, 96, reverses the
meaning of these passages; and holds that the phrase "in case she
choose his will" refers to the _weotuma_; and the phrase "if she
live longer than he," to the morning-gift. But see POLLOCK
AND MAITLAND, II, 363, who render the last clause by
"dower," and the first by "morning-gift."
Public-domain text, read in full here on John Shaqi.
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