The Evolution of Marriage and of the FamilyLetourneau, Ch. (Charles)
Science
The Evolution of Marriage and of the Family
Letourneau, Ch. (Charles)
Families; Marriage
In Brahmanic India the daughter is also bought from the parents. A
curious verse of the Code of Manu tells us how the purchaser was
indemnified in the case of substitution of another person: “If, after
having shown a suitor a young girl, whose hand is granted to him,
another is given him to wife, and secretly brought to him, he becomes
the husband of both for the same price; such is the decision of
Manu.”[329] Things have not much changed at present. “When they wish to
signify that they are going to be married,” says an editor of _Lettres
édifiantes_, in speaking of the Hindoos, “they generally say that they
are going to buy a wife.” However, the parents do not appropriate
the entire sum paid by the purchaser; a great part of it goes to buy
jewels for the bride.[330] The ancient Malays of Sumatra had solved the
conjugal problem in three different ways. Sometimes the man bought and
led away the woman, according to the universal custom; sometimes the
woman bought the man, who then came to live with her family; sometimes
the two were married on a footing of equality.[331] We must note in
passing that this last matrimonial form is very exceptional.
Throughout Europe, as well in Greco-Latin antiquity as among
barbarians, the young girl has formerly been considered as a negotiable
property, and marriage as a sale.
The Sagas tell us that the Scandinavian fathers married their daughters
without consulting them--after the manner of savages--and received an
indemnity from the son-in-law.[332]
With the Germans the daughter could not marry without the authorisation
of her father or of her nearest relative, who first received the
earnest money from the bridegroom;[333] as for the bride, she received
the _oscle_, or price of the first kiss, and then the _morgengabe_,
which constituted her dowry. In return, the German widow, like the
Afghan widow, was the property of the parents of her husband, and could
not re-marry without their authorisation.[334]
In primitive Greece the daughter was purchased either by presents
to the father or by services rendered to him.[335] The father could
marry his daughter as he thought well, and in default of a son could
leave her by will, with the heritage of which she formed a part, to a
stranger.[336]
At Rome also the daughter was the property of her father, and until
the time of Antoninus the father had the right to re-marry her when
the husband had been absent three years.[337] Marriage by purchase had
certainly been the primitive form of the conjugal contract. In reality
the _confarreatio_, a solemn and religious union in the presence of ten
witnesses, was a patrician marriage. The _usus_, or the consecration
of a free union after a year of cohabitation, strongly resembles the
Polynesian marriage. But the most common conjugal form, the one which
succeeded the _usus_, and surely preceded the _confarreatio_, was
marriage by purchase, the _coemptio_.
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