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 the Germanic and Scandinavian countries adultery has primitively
been considered as an enormous crime. Thus the ancient Danes punished
adultery with death, whilst murder was only fined. The old Saxons began
by burning alive the adulteress, and on the extinct fire they hung or
strangled her accomplice. In England King Edmund assimilated adultery
to murder. King Canute ordered that the man should be banished, and the
woman should have her nose and ears slit.
Tacitus tells us that with the Germans the adulteress was made to walk
naked through the villages. Prior to the ordinances of Canute this old
German custom was still preserved in England. Her head shaved, and her
body bare to the waist, the woman was dragged out of her husband’s
house in the presence of her relations, and then whipped to death
through the streets. Her lover was hung on a tree.
According to the laws of the Visigoths, and in virtue of the law of
retaliation, the adulteress was given into the hands of the wife of her
lover, if the latter was married. And if the lover had no children, his
goods were confiscated to the profit of the injured husband (lib. iii.).
The penalties ended by becoming entirely pecuniary, especially for
the man. The fifth section of the Salic law, and the thirty-fifth
section of the Ripuarian law, both inflict a fine of two hundred pence
on whoever abducts a married woman. A law of Charlemagne orders the
ravisher to restore the wife and all that she has carried off. If the
husband does not exact a composition, the sheriff takes up the matter,
banishes the guilty man, and condemns him to pay a fine of sixty pence.
In the Middle Ages the adulteress was generally shut up for life in
a convent, and lost her dowry. Whipping was sometimes added to these
punishments, as is proved by an ordinance made in 1561.[718]
The laws of King John (1362), of Charles le Bel (1325), of Louis XI.
(1463), show that certain towns preserved the old custom of making
the adulteress run naked through the city. Lastly, until 1789,
legislation, although moderating its severity, remains undecided,
varies according to place, circumstance, and even social position; but
the atrocious and coarse penalties of ancient times are abolished and
forgotten.
XII. _Adultery in the Past and in the Future._
Public-domain text, read in full here on John Shaqi.
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