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
Thus, under the Mosaic law, the brother of a childless man was bound to
marry his widow and until he renounced his right, she could not marry
another. If refused, the woman was obliged to “loose his shoe from off
his foot” and “spit before his face,” as an assertion of her complete
independence.[82] The custom was followed, according to Bible evidence,
in the espousal between Ruth and Boaz, for “as it was the custom in
Israel concerning changing, that a man plucked off his shoe and delivered
it to his neighbor,” so the kinsman of this famous woman plucked off his
shoe and gave it to Boaz, as a token of his renunciation of Ruth and of
Boaz’s right to marry her.[83]
That this custom was later used by the early Christians, would seem to
be confirmed by the story connected with the proposal of the Emperor
Vladimir to the daughter of Raguald, for when asked if she would not
marry the Emperor, she replied: “I will not take off my shoe to the son
of a slave.”[84] And as a part of the betrothal, in the early Anglo-Saxon
days, we read that when the marriage was completed, the father of the
bride took off her shoe and handed it to the bridegroom, who touched her
on the head with it, as a token of the exchange and of his power over
her.[85]
Stocking throwing, at weddings, in England, has existed from a very early
day and is said to be purely a British custom.[86]
A letter describing the marriage, at court, of Sir Philip Herbert, in
1604, says that “at night there was sewing into the sheet, casting off
the bride’s left hose, with many other pretty sorceries.”[87]
In Fletcher’s Poems, written in 1656, is a verse descriptive of
Clarinda’s wedding, referring to this old custom:
“This clutter o’er, Clarinda lay,
Half-bedded, like the peeping day
Behind Olympus’ cap;
Whiles at her head each twitt’ring girle
The fatal stocking quick did whirle
To know the lucky hap.”
It is reported that this custom, as well as that of putting the bride
to bed, was followed at the wedding of Mary, Queen of Scots, to Lord
Darnley; that the same ceremony was gone through with, at the wedding
of Mary II. and the sedate Prince of Orange and that this custom was
followed at nearly all the marriages of the crowned heads during the
middle ages, in England, until George III. set aside the joyful custom of
“posset-drinking and stocking throwing,” on his wedding night.[88]
The common law liability of the community property of the wife and her
husband for the ante-nuptial debts of his wife, gave rise to a peculiar
custom, in England, known as “Smock-marriages,” or “Marriage in a
Shift.” This custom obtained from early Saxon days into the eighteenth
century and the debtor bride often came to the wedding arrayed only in
a plain white “smock” or “shift,” as a public declaration or warning to
her creditors that she took no property to her husband, as a basis for
charging him with responsibility for her debts.[89]
Public-domain text, read in full here on John Shaqi.
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