A History of Matrimonial Institutions Chiefly in England And the United States

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' "— Jeaffee- SON, Brides and Bridals, I, 53. Cf. On the Danish " hand- fasting " Brand, Popular Antiquities, II, 87, 88 ; Bullingee, Christen State of Matrimonye, 43.
Wife-Purchase Yields to Marriage 277 tial to a valid contract. Originally the father could betroth his daughter even against her will.^ But, just as the guard- ianship of the husband as respects the wife's property grad- ually becomes transformed into a merely formal guardianship or judicial control, ^ so the power of the father
...is first weak- ened by granting the daughter a veto on the choice of a bridegroom; that is, by making her consent necessary to a binding contract ; and then, presently, the relations of guard- ian and ward are entirely transposed: self -betrothal by the daughter constitutes a valid contract, while the father is allowed only a veto power. Naturally it was the widow, in the case of a second marriage, who first succeeded in emancipating herself from tutorial control. Among the Germans in the time of Tacitus it was against popular usage, if not illegal, for a widow to marry again.^ But in the folk-laws she appears on practically the same footing as a girl in this regard;* and placed as she was "between two families, " with the "possibility of recourse to her own kindred" in case her first husband's relatives as possessors of the mund over her refused their assent to a second marriage, she soon succeeded in freeing herself entirely from such restraints.^ Canute forbids the marriage of a maiden against her iSoHM, Eheschliessung, 50; cf.

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