Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
We are told that the Emperor Fou-hi changed all this by inventing
marriage. The Egyptians credit Menes with the same invention, while the
Greeks give the honour to Kekrops.
In the Sanscrit literature we find no definite account of the institution
of marriage, but the Indian poem, "Mahabharata," relates that until the
Prince Swetapetu issued an edict requiring fidelity between husband and
wife the Indian women roved about at their pleasure, and if in their
youthful innocence they went astray from their husbands they were not
considered as guilty of any wrong.
The Bible story of the institution of marriage is contained in the Second
Chapter of Genesis, 18th to the 25th verse. It is not within the purpose
of this treatise to argue for or against the acceptance of the Bible
narrative, so we call attention without comment to the extreme simplicity
of the wedding ritual as stated in the 22d verse:
"And the rib, which the Lord God had taken from man, made he a woman, _and
he brought her unto the man_."
Among primitive men marriage was concluded without civil or religious
ceremony. Even in modern Japan a wedding ritual is considered all but
superfluous.
The principal marriage ceremonies have been derived from heathen customs;
they were: the _arrhae_, or espousal gifts, an earnest or pledge that
marriage would be concluded; and the ring betokening fidelity.
Among the ancient Hebrews marriage was not a religious ordinance or
contract, and neither in the Old Testament nor in the Talmud is it treated
as such.
As with the Mohammedans it was simply a civil contract.
Under the old Roman law there were three modes of marriage: 1.
_Confarreatio_, which consisted of a religious ceremony before ten
witnesses, in which an ox was sacrificed and a wheaten cake was broken by
a priest and divided between the parties.
2. _Coemptio in manum_, which was a conveyance or fictitious sale of the
woman to the man.
3. _Usus_, the acquisition of a wife by prescription through her
cohabitation with the husband for one year without being absent from his
house three consecutive nights.
But a true Roman marriage could be concluded simply by the interchange of
consent.
There was an easy morality of the olden times which according to present
standards was akin to savagery. The Greeks even in the golden age of
Pericles held the marriage relation in very little sanctity. It was
reputable for men to loan their wives to their friends, and divorce was
easy and frequent. Hellenic literature attempted to make poetry of vice
and marital infidelity, and adultery was the chief pastime of the gods and
goddesses.
The Romans had more of the moral and religious in their character than the
Greeks, but still we read of Cato the younger loaning his wife Marcia to
Hortensius and taking her back after the orator's death.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account