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
[60] Bouvier; Cowel; I. Reeves History English Law, pp. 369, 371. In
legal contemplation, a female was in the custody of the Lord paramount,
until she reached her majority, and then he was bound to find her a
proper marriage. His custody continued until her marriage, even after she
became of age and she could only marry with his consent. She was bound to
obtain the consent of the Lord, or lose her dower, but it was sufficient,
if she had the consent of the chief lord, to marry. The custom was based
upon the fealty which the husband owed the lord and since the woman lost
her inheritance, if she gave cause of forfeiture, the lord had it in
his power to exact anything of her, and hence the custom referred to in
the text, an exaction allowed by way of a punishment for the offense of
belonging to the frail sex, in an early day. Reeve’s History English Law,
vol. I., pp. 370, 371.
Shakespeare makes Cade refer to this old barbarous custom, in 2’ Henry
VI., when he says: “... There shall not a maid be married, but she shall
pay to me her maidenhead, ere they have it.” (Act IV., Scene VII.; White’s
“Law in Shakespeare,” Sec. 299, p. 326).
[61] Wood’s “Wedding Day in All Ages and Countries,” vol. II., p. 16.
[62] Genesis, XXXIV., 12.
[63] Smith’s Dict. Greek and Roman Antiquities.
[64] In the first known code of laws ever written, so far as our history
goes, in the old code of Hammurabi, King of Babylon, who reigned from
2285 to 2242, B. C., we find that doweries and marriage portions were
spoken of, just as in modern statutes, and it was provided that if a
childless woman should be returned to her father, he should return the
dowry, and if he did not the husband could deduct all the dowry from the
marriage portion and then return the marriage portion, the house of her
father.
Code Hammurabi, Secs. 163, 164; Johns’ “Oldest Code of Laws,” pp. 32, 33;
Johns’ “Babylonian and Assyrian Laws,” etc.
[65] Wood’s “Wedding Day in All Ages and Countries,” vol. II., p. 17.
[66] _Ante idem._, p. 18.
[67] Genesis, XXXIV., 12.
[68] Ringrose “Marriage and Divorce Laws of the World.”
[69] Selden.
[70] Coke, Littleton, 31.
[71] Wood’s “Wedding Day in All Ages,” vol. II., p. 16.
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