The Evolution of Marriage and of the FamilyLetourneau, Ch. (Charles)
Science
The Evolution of Marriage and of the Family
Letourneau, Ch. (Charles)
Families; Marriage
For a long time at Rome, as in China at the present day, the widows who
did not marry were particularly honoured. The widower married again
immediately after his wife’s death; widows, on the contrary, were in
any case forbidden to marry before a delay of six months, afterwards
extended to twelve months, and that under pain of infamy for the father
who had made the marriage, for the husband who had taken the widow, and
later for the re-married woman also, when infamy also applied to women.
By degrees Roman customs and laws improved on this point as on others.
The _Leges Julia_ and _Papia Poppæa_ encouraged second marriages, in
opposition to the ancient prejudice; the _Institutes_ ordained that
when the widow was poor and without dowry, she could inherit from her
husband one-fourth if there were three children, and a full masculine
share if there were none.[859] But the triumph of Christianity was the
signal for a retrograde movement. Constantine returned to the old ideas
of primitive Rome, and went so far as to inflict on second marriages
pecuniary penalties, which were to be paid to the children of the first
marriage.[860] In acting thus, the neophyte emperor was acting up to
the logic of the Church, in whose eyes marriage itself was an evil
rendered necessary by the sin of Adam, and by whom second marriages
were emphatically condemned.[861]
From the fusion of Christian doctrines with the gross customs of more
or less barbarous European races, on the subject of women and marriage,
there resulted for the widow a position of extreme subjection. Among
the Germans, as among the Afghans and Kabyles, the widow became again
the property of her own family, and in order to marry her, it was
necessary to pay a special price, the _reipus_, which was double the
_mundium_ or price of the first purchase.[862] The Salic law decreed
that at the age of fifteen the son should be the guardian of his
widowed mother. The Lombard law decides also that the widow shall not
marry again without the consent of her son (section xxxvii.); and this
consent was necessary even for her to enter a convent. Thus Theodoric,
adopting with barbarous fury the opinions of the Church on second
marriages, promulgated a law interdicting widows from marrying again,
and condemning to the flames any man who should be convicted of having
had commerce with them.
These objections to second marriage, or at least the blame attached
to them by public opinion, are common in many ancient societies. We
have found them in India, in ancient Rome and Greece, etc. We can only
attribute this way of thinking, senseless and unjust as it is, to a
sort of delirium of proprietorship in the husband, who pretends still
to rule over and possess his wife from beyond the tomb, but chiefly to
the desire of avoiding disturbances in the transmission of hereditary
wealth, when the women were able to have possessions of their own.
The levirate, of which I am now going to speak, remedied the latter
inconveniences.
Public-domain text, read in full here on John Shaqi.
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