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 strange belief in gallows matches, that a condemned felon could
be thus rescued, by marriage to any woman who would take him from the
gallows, is placed by Barrington in the list of legal vulgar errors.
But, as suggested by a writer in Chambers Journal, under the subject
“Matrimonial Curiosities,” it seems doubtful if such a queer idea
could have taken possession of the popular mind, unless there was some
foundation for it, in the law.[99] It is perhaps but one of many such
customs, arising from some isolated case, wherein the Court recognized
it, which gave it currency and caused it to be followed in other
instances.
We are told that in 1725 a woman petitioned King George I., for the pardon
of a convicted felon, in order that she might wed him, under Tyburn
Tree.[100]
Manningham states that this was the custom, not the law, in olden times,
in France, and Italy, and that if any notorious strumpet would beg a
convicted felon, about to be hanged for her husband, her plea would be
granted, in order that their joint lives might be bettered by so holy an
action.[101]
Sterill reports a case that he had seen wherein a woman, clad only in her
smock, or under-garment, begged a condemned person for her husband, with
a white wand in her hand.[102]
Whatever recognition the law gave this custom, that it actually existed
in England, and France is evidenced by the many references to the
practice, in story and rhyme, published during the seventeenth and
eighteenth centuries.
Montaigne tells a story of a Picardian, who, seeing a lame dame advancing
toward him, cried out: “She limps, she limps, despatch me quickly.”[103]
The ballads of Roxburghe also tell, in rhyme, how a merchant of
Chichester, who had killed a German, after his sentence and last speech
upon the gallows, was wooed by no less than ten goodly maidens, who thus
addressed him:
“This is our law,” quoth they;
“We may your death remove,
If you, in lieu of our good-will,
Will grant to us your love.”[104]
But having left the fixed doctrines of the law governing the relation
between the opposite sexes, known as marriage, to enter into a study and
analysis of the vulgar errors in connection with this subject-matter, it
is high time to bring the chapter to a close.
Of course it was only attempted in this chapter to take a most cursory
view of the great subject selected and to present but a few of the many
laws and customs that have sprung up among the various peoples of the
earth, governing the relation whereby the opposite sexes, in accordance
with the law of natural selection, appropriate themselves to one another.
Public-domain text, read in full here on John Shaqi.
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