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
E. J. Woods in his book, “The Wedding Day in All Ages and Countries,”
claims that the old Hebrew expression of “taking a wife,” arose from the
custom of capture, not common to the Israelites, but common to other
primitive peoples. (Vol. I., p. 9.) He quotes Plutarch, as authority for
the custom of the Spartans to carry off their brides by capture. (Vol.
I., pp. 40, 41.) Refers to the Rape of the Sabines (vol. I., p. 52),
the “Institutes” of Menu, as providing one of the forms of marriage
by capture, known to the four classes of India (vol. I., p. 124). He
claims that “the capture of women prevailed among the aborigines of the
Dekkan and in Afghanistan.” (Vol. I., p. 137) He maintains that “In New
Zealand and the Fejee and other islands of the Pacific, the custom of
capture of women for wives has prevailed from the earliest times of the
known history of those places.” (Vol. I., p. 191.) “The form of capture
is observed in the marriages of the Kalmucks, the Nogay Tartars, the
Mongols, of the Ortous, in Tartary, the Circassians and the people
generally of the Caucasus.” (Vol. I., p. 210.) He claims that marriage by
capture obtained in Poland, in the sixteenth and seventeenth centuries
(vol. I., p. 220), that the seizure of wives by force obtained in Ireland
(vol. II., p. 50), so if this record is true, since this custom is found
to obtain in these countries so late as recent historical dates, it is
not unbelievable that capture was the order of the early barbarous days
in our own and other countries.
[7] Fison and Howitt, _op. cit._ 259; Curr, _op. cit._ I., 108; Prof.
Tylor; McLennan.
[8] Crawley’s “Mystic Rose,” pp. 6, 147.
[9] Genesis, I., 28.
[10] Genesis, II., 22.
[11] XXXIV. Genesis, 8, 9.
[12] Ringrose, “Marriage and Divorce Laws,” p. 10.
[13] First Book of Kings.
[14] Bryce, “Marriage and Divorce,” III. Essays in Anglo-American Legal
History, 784, 785; Euripides, Androm., vv. 173, 180; Tacitus, Germania,
c. xvi. I.
[15] Ringrose “Marriage and Divorce Laws,” p. 11.
Monogamy was practiced by the Greeks and Romans as far back as our
records reach. Wood’s “Wedding Day in All Ages and Countries,” vol. I., p.
33.
Morganatic, or “left-handed” marriages, are peculiar to Germany. They
occur between men of superior and women of inferior rank and are
prohibited by the Royal Marriage Law of England.
Ringrose, “Marriage and Divorce Laws of the World;” Wood’s “Wedding Day
in All Ages,” vol. II., p. 8.
[16] Bryce, “Marriage and Divorce,” III. Essays in Anglo-American Legal
History, 797; Modestinus in Dig. xxiii, 1, 2.
[17] Ringrose, “Marriage and Divorce Laws,” p. 8. The Twelve Tables fixed
the period of three nights, to fix a previous custom, no doubt more
uncertain. Bryce, “Marriage and Divorce,” III. Essays in Anglo-American
Legal History, 788.
[18] _Ante idem._
[19] III. Essays in Anglo-American Legal History, p. 788.
[20] Tacitus, Ann. xii, 6.
[21] III. Essays in Anglo-American Legal History, 805.
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