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
This illustrates the easy morality of the olden times, so contrary to
our present standards, touching the marital relation, yet this case
is not a parallel to many which could be cited in the golden days of
Greece and Rome. So little sanctity was attached to the marital relation
in Greece, even in the days of Pericles, that men were accustomed to
loan their wives to their friends and the literature of the period made
poetry of marital infidelity and fornication and adultery seemed about
the commonest employment of both individuals and gods and goddesses.
The Romans had more of the religious tendencies than the Greeks, but it
is said that the Younger Cato loaned his wife, Marcia, to the orator
Hortensius and took her back again, after his death.[54]
Such conduct seems almost unbelievable, because so contrary to the
natural moral instincts, yet the natural selection between two adults
of the opposite sexes, although in derogation of the rights of the
life-partner of either, seems hardly so depraved as the consent by the
natural parents, to the marriage of infants of tender years, which custom
was so prevalent in England and France in the past centuries.
During the middle ages, in England, the marriages of little children
were frequently arranged by their parents, for the purpose of avoiding
wardship and to prevent the children from forming improper attachments,
or to effect advantageous family connections for the parents.
History records that Thomas, Lord Berkeley, was contracted to Margaret,
daughter of Gerald Warren, Lord Lisle, in the forty-first year of Edward
III., when the girl was only seven years old, and because of her tender
years, it was stipulated that she should remain with her father for four
years, but on account of sickness in the family, they were married when
she was eight years old.[55]
Maurice, fourth Lord Berkeley, was knighted at seven years of age,
to prevent his wardship, and he was married at the age of eight, to
Elizabeth, daughter of Lord Spencer, when the bride was also but eight
years old.[56]
Hundreds of similar cases could be mentioned in France and England, and
in tropical countries, where the women develop at an earlier age, the
marriages occur at a corresponding earlier age. In Brazil, in the past
century parents married their children when still in years of infancy
and the case of a Brazilian traveler, enroute to England, who demanded
a half-fare ticket for his wife, who was under twelve years of age,
occurred in the year 1853.[57]
We are also told that the Hungarians of the seventeenth century often
betrothed their children while still in their cradles, and the marriages
were celebrated at the earliest possible age.[58]
Public-domain text, read in full here on John Shaqi.
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