Legal antiquities : $b A collection of essays upon ancient laws and customs — John Shaqi
Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
The old Hebrews, however, made wonderful strides while practicing
polygamy, an institution established by Lamech, in the sixth generation
after Adam, which grew apace with the progress of the race, until in
Solomon’s time, the king had acquired a round thousand women, from the
different nationalities of the world, seven hundred princesses as wives
and three hundred concubines.[13]
Polygamy was also practiced in Persia and is to-day, in Turkey and other
Oriental countries, but under Roman rule it slowly died out in the east.
It was prohibited by Diocletian and other preceding Emperors and except
in the single instance of the Mormons, in Utah, it has never reappeared
in any countries subject to either the Roman or Teutonic laws.[14]
Polyandry no doubt had its origin in unfertile regions, in the endeavor
to limit the population to the resources of the district; it is almost
an obsolete custom, but is still practiced in parts of India, Thibet and
Ceylon.[15]
The marriage customs of the Romans furnish the basis for the marriage
laws of the civilized world, and even the Hebrew and Teutonic influence
is small compared to that exerted upon this institution, by the Roman
law. The general conception of the marriage relation, by the Romans, was
an exalted one, as it was regarded as an equal partnership in the whole
of life, effecting an equal distribution in both the secular and sacred
rights of the individuals.[16]
The three forms of marriage, by the early Roman law, were (1)
_Confarreatio_, consisting of a religious ceremony, ending in the
sacrifice of an ox, and the distribution of a broken wheaten cake,
by a priest; (2) _Coemptio in manum_, a conveyance or formal sale of
the woman, to the man, and (3) _Usus_, or the right of a wife, by
prescription, arising from the cohabitation of the wife with the husband,
for one year, without an absence for over three consecutive nights.[17]
If the woman lived with the man without either the religious ceremony
or the formal sale, she did not become his wife, unless she had lived
with him for a year, without absenting herself for three consecutive
nights.[18]
This latter form was called “passing into the hand” of her husband and
until this Hand power had been created, the property rights of the wife
remained unaffected by the marriage. Marriages with Hand in an early day
were almost universal, however, for the women did not prefer the free
marriage, which would place them, in law, outside the legal family of the
husband.[19] Marriages within the Levitical degrees were prohibited by
the early Roman Emperors, and while first cousins might lawfully marry,
until the end of the Republic,[20] the Emperor Theodosius prohibited
their marriage under pain of death by burning.[21]
Uncles and nieces and aunts and nephews were prohibited from marrying,
until the period of the Emperor Claudius, who desired to marry his
brother’s daughter, Agrippina, and so passed a decree of the Senate
allowing such a marriage.[22]
Public-domain text, read in full here on John Shaqi.
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