Page:The Green Bag (1889–1914), Volume 03.pdf/610

 Widows and Wives. the body; and forbids him to marry a girl with reddish locks (!), or one with no hair, or one with too much of that adornment, or one immoderately talkative, or one with in flamed eyes. He was particular, too, about the names^ differing from the man who thought a rose would smell as sweet by any other name; he says, let not the regenerate man marry a girl with the name of a constel lation, or of a river, or of a barbarous nation, or of a mountain, of a winged creature, a snake, or a stag, nor with any name raising an image of terror. Let him choose for his wife a girl whose form has no defect; who has an agreeable name; who walks gracefully like a phenecopteros or like a young elephant; whose hair and teeth are moderate, respectively, in quantity and size, and whose body has an exquisite softness.1 Having found this elephantine, phenecopterotic paragon, according to the Indian laws, — fortunately such a creature had not the right to pick and choose her bipedal mate, — let us see how among the early English the betrothal took place. In the laws of Edmund (circa a.d. 946) we read : " If a man desire to betroth a maiden, or a woman, and it so be agreeable to her and her friends, then it is right that the bridegroom, according to the law of God, and according to the customs of the world, first promise and give a ' wed ' (pledge) to those who are her ' foresprecas ' (spokesmen); that he desire her in such wise that he will keep her, according to God's law, as a husband shall his wife; and let his friends guarantee that. After that it is to be known to whom the ' foster-lean ' (the money pledged to the wife's family) be longs : let the bridegroom also give a ' wed ' for this; and let his friends guarantee it. Then, after that let the bridegroom declare what he will grant her, in case she choose his will, and what he will grant her if she live longer than he. If it be so agreed, then it is right that she be entitled to half the property, and to all if they have children in common, except she again choose a husband. 1 Laws of Menu, ch. ii. §§ 7-10.

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Let him 'confirm' all he has promised with a ' wed,' and let his friends guarantee that. If they then are agreed in everything, then let the kinsmen take it in hand, and betroth their kinswoman to wife, and to a righteous life, to him who desired her, and let him take possession of the ' borh ' (surety) who has control of the ' wed.' But if a man de sire to lead her out of the land, into another thane's land, then it will be advisable for her that her friends have an agreement that no wrong shall be done to her; and if she commit a fault, that they may be nearest in the ' bot,' if she have not whereof she can make ' bot.' " 1 Even in those old days a man occasionally left his intended in the lurch, but an action for breach of promise was not necessary to fix the damages. King Ine, of the West Saxons, about 688, commanded : " If a man buy a wife, and the marriage take not place, let him give the money, and compensate and make 'bot' to his ' byrgea,' as his 'borgbryce ' may be."2 Just fancy that! Cause less desertion made a man liable to pay to the woman's relatives not only the " mundium " (a sum payable to the family of the bride for transferring the tutelage over her to the family of the husband), but a compen sation besides, as well as indemnification to his surety. The marriage over, the next question is, How were the parties to behave? Menu says, never let the wife separate herself from her husband (no trips to Europe or summer resorts were approved of by that old sage!). "She must always live with a cheerful temper, with good management in the affairs of the house, with great care of the household fur niture, and with a frugal hand in all her expenses. Him to whom her father has given her ... let her obsequiously honor while he lives, and when he dies let her never neglect him. Though he be inob servant of approved usages, or enamoured of another woman, or devoid of good qualities, 1 Secular Laws, [-7. 2 Ancient Laws, King tne, 31.