sive one. When the question was beset with especial difficulties,
to what better umpire could a considerate parent refer the matter than
to the bride herself?
One of the laws regulating the disposition of marriageable maidens
was: "If one buys a maiden, let her be bought with the price, if it
is a fair bargain; but if there is deceit, let him take her home again
and get back the price he paid." This was a sort of marriage with
warranty. But the law of Cnut took a more liberal view of the rights
of the girl; it says: "Neither woman nor maid shall be forced to marry
one who is disliked by her, nor shall she be sold for money, unless
(the bridegroom) gives something of his own free will." By this law
the woman was given the decision of her destiny, and the purchase
price became a free gift. If a woman married below her rank, she was
confronted by the alternatives of losing her freedom or giving up
her husband. As the husband bought his wife, so he might sell her and
their children, though this was rarely done. We need not, however,
condemn too harshly this absolute right that was vested in the head of
a family in the disposition of its members, as it was but a relic of a
usage common to all patriarchal societies, and which passed away with
the clearer view of the sovereignty of self and the claims of society.
Before the marriage proper took place, there were held the ceremonies
of espousal. These consisted of fixing the terms of the union, and
entering upon agreements to be carried into effect after the ceremony.
In later times, the first essential was the free consent of the
persons to be espoused. This was a step toward the right of the female
in the selection of a husband. Early espousals were customarily, but
not invariably, dependent upon the consent of both parties. In some
instances, the parents espoused their children when but seven years of
age. On arriving at ten years of age, either of the parties could in
theory terminate the engagement at will; but if they did so between
the ages of ten and twelve, the parents of the one breaking the
contract were liable to damages. Beyond twelve years, the child as
well as its parents suffered the penalty.
After the parties to the espousal, in the presence of witnessing
members of their respective families, had declared their free consent
to the contract that was to bind them, the bridegroom promised to
treat his betrothed well, "according to God's law and the custom
of
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