The Child and Childhood in Folk-Thought, Alexander F. Chamberlain [first color ebook reader .TXT] 📗
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Child-Marriages.
“Marriages are made in heaven,” says the old proverb, and among some primitive peoples we meet with numerous instances of their having been agreed upon and arranged by prospective parents long before the birth of their offspring. Indeed, the betrothal of unborn children by their parents occurs sporadically to-day in civilized lands. Ploss has called attention to child-marriages in their sociological and physiological bearings (125.1. 386-402), and Post has considered the subject in his historical study of family law. In these authorities the details of the subject may be read. In Old Calabar, men who already possess several wives take to their bosom and kiss, as their new wife, babes two or three weeks old. In China, Gujurat, Ceylon, and parts of Brazil, wives of from four to six years of age are occasionally met with. In many parts of the world wives of seven to nine years of age are common, and wives of from ten to twelve very common. In China it is sometimes the case that parents buy for their infant son an infant wife, nursed at the same breast with him (234. xlii.). Wiedemann, in an article on child-marriages in Egypt (381), mentions the fact that a certain king of the twenty-first dynasty (about 1100 B.C.) seems to have had as one of his wives a child only a few days old. From Dio Cassius we learn that in Rome, at the beginning of the Empire, marriages of children under ten years occasionally took place.
In some parts of the world the child-wife does not belong to her child-husband. “Among the Reddies, of India,” Letourneau informs us, “a girl from sixteen to twenty years of age is married to a boy of five or six. The wife then becomes the real wife of the boy’s uncle, or cousin, or of the father of the reputed husband. But the latter is considered to be the legal father of the children of his pretended wife.” So it is only when the boy has grown up that he receives his wife, and he, in turn, acts as his relative before him (100. 354). Temple cites the following curious custom in his tales of the Panjâb (542. I. xviii.):— “When Raja Vasali has won a bride from Raja Sirkap, he is given a newborn infant and a mango-tree, which is to flower in twelve years, and when it flowers, the girl is to be his wife.” The age prescribed by ancient Hindu custom (for the Brahman, Tshetria, and Vysia classes) is six to eight years for the girl, and the belief prevailed that if a girl were to attain her puberty before being married, her parents and brothers go to hell, as it was their duty to have got her married before that period (317. 56). Father Sangermano, writing of Burma a hundred years ago, notices the “habit of the Burmese to engage their daughters while young, in real or fictitious marriages, in order to save them from the hands of the king’s ministers, custom having established a rule, which is rarely if ever violated, that no married woman can be seized, even for the king himself” (234. xlii.). The child-marriages of India have been a fruitful theme for discussion, as well as the enforced widowhood consequent upon the death of the husband. Among the most interesting literature on the subject are the “Papers relating to Infant Marriage and Enforced Widowhood in India” (317), Schlagintweit (142), etc. The evils connected with the child-marriages of India are forcibly brought out by Mrs. Steel in several of the short stories in her From the Five Rivers (1893), and by Richard Garbe in his beautiful little novel The Redemption of the Brahman(1894).
But India and other Eastern lands are not the only countries where “child-marriages” have flourished. Dr. F. J. Furnivall (234), the distinguished English antiquary and philologist, poring over at Chester the “Depositions in Trials in the Bishop’s Court from November, 1561 to March, 1565-6,” was astonished to find on the ninth page the record: “that Elizabeth Hulse said she was married to George Hulse in the Chapel of Knutsford, when she was but three or four years old, while the boy himself deposed that he was about seven,” and still more surprised when he discovered that the volume contained “no fewer than twenty-seven cases of the actual marriage in church of the little boys and girls of middle-class folk.” The result of Dr. Furnivall’s researches is contained in the one-hundred-and-eighth volume (original series) of the Early English Text Society’s Publications, dealing with child-marriages, divorces, ratifications, etc., and containing a wealth of quaint and curious sociological lore. Perhaps the youngest couple described are John Somerford, aged about three years, and Jane Brerton, aged about two years, who were married in the parish church of Brerton about 1553. Both were carried in arms to the church, and had the words of the marriage service said for them by those who carried them. It appears that they lived together at Brerton for ten years, but without sustaining any further marital relations, and when the husband was about fifteen years, we find him suing for a divorce on account of his wife’s “unkindness, and other weighty causes.” Neither party seemed affectionately disposed towards the other (234.26). Other very interesting marriages are those of Bridget Dutton (aged under five years) and George Spurstowe (aged six) (234. 38); Margaret Stanley (aged five) and Roland Dutton (aged nine), brother of Bridget Dutton (234. 41); Janet Parker (aged five) and Lawrence Parker (aged nine to ten). The rest of the twenty-seven couples were considerably older, the most of the girls ranging between eight and twelve, the boys between ten and fourteen (234. 28). It would Seem that for the most part these young married couples were not allowed to live together, but at times some of the nuptial rites were travestied or attempted to be complied with. In two only of the twenty-seven cases is there mention of “bedding” the newly-married children. John Budge, who at the age of eleven to twelve years, was married to Elizabeth Ramsbotham, aged thirteen to fourteen years, is said to have wept to go home with his father and only by “compulsion of the priest of the Chapel” was he persuaded to lie with his wife, but never had any marital relations with her whatever, and subsequently a petition for divorce was filed by the husband (234. 6). In the case of Ellen Dampart, who at the age of about eight years, was married to John Andrew aged ten, it appears that they slept in the same bed with two of the child-wife’s sisters between them. No marital relations were entered upon, and the wife afterwards sues for a divorce (234. 15, 16).
The practice seems to have been for each of the children married to go to live with some relative, and if the marriage were not ratified by them after reaching years of consent, to petition for a divorce. In some nine cases the boy is younger than the girl, and Humfrey Winstanley was under twelve when he was married to Alice Worsley aged over seventeen; in this case no marital relations were entered upon, though the wife was quite willing; and the husband afterwards petitions for a divorce (234.2-4). Thomas Dampart, who at the age of ten years, was married to Elizabeth Page, appears to have lived with his wife about eight years and to have kept up marital relations with her until she left him of her own motion. Dr. Furnivall (234. 49-52) cites four cases of ratification of child-marriages by the parties after they have attained years of discretion, in one of which the boy and the girl were each but ten years old when married. The most naive account in the whole book is that of the divorce-petition of James Ballard, who, when about eleven years of age, was married in the parish church of Colne at ten o’clock at night by Sir Roger Blakey, the curate, to a girl named Anne; the morning after the ceremony he is said “to have declared unto his uncle that the said Anne had enticed him with two Apples, to go with her to Colne, and marry her.” No marital relations were entered upon, and the curate was punished for his hasty and injudicious action (234. 45).
Dr. Furnivall (234. xxxv.) quotes at some length the legal opinion—the law on infant marriages—of Judge Swinburne (died, 1624), from which we learn that “infants” (i.e. children under seven years of age) could not contract spousals or matrimony, and such contracts made by the infants or by their parents were void, unless subsequently ratified by the contracting parties by word or deed,—at twelve the girls ceased to be children, and at fourteen the boys, and were then fully marriageable, as they are to-day in many parts of the world. Of childhood, Judge Swinburne says, “During this age, children cannot contract Matrimony de praesenti., but only de futuro“; but their spousals could readily be turned into actual marriages after the girls were twelve and the boys fourteen, as Dr. Furnivall points out.
The fifth limitation to his general statement, which the learned judge made, is thus strangely and quaintly expressed: “The fifth Limitation is, when the Infants which do contract Spousals are of that Wit and Discretion, that albeit they have not as yet accomplished the full Age of Seven Years, yet doth their supra-ordinary understanding fully supply that small defect of Age which thing is not rare in these days, wherein Children become sooner ripe, and do conceive more quickly than in former Ages” (234. xxxvi.).
First among the causes of these child-marriages Dr. Furnivall is inclined to rank “the desire to evade the feudal law of the Sovereign’s guardianship of all infants,” for “when a father died, the Crown had the right to hold the person and estate of the propertied orphan until it came of age, and it could be sold in marriage for the benefit of the Crown or its grantee.” Moreover, “if the orphan refused such a marriage with a person of its own rank, it had to pay its guardian a heavy fine for refusing his choice, and selecting a spouse of its own” (234. xxxix.). Property-arrangement also figures as a cause of these alliances, especially where the bride is older than the groom: Elizabeth Hulse (aged four) was married to George Hulse (aged seven) “because her friends thought she should have a living by him” (234. 4). When Elizabeth Ramsbotham (aged 13-14) married John Bridge (aged 11-12), “money was paid by the father of the said Elizaboth, to buy a piece of land” (234. 6); according to the father of Joan Leyland (aged 11-12), who married Ralph Whittall (aged 11-12), “they were married because she should have had by him a pretty bargain, if they could have loved, one the other” (234.12); Thomas Bentham (aged twelve) and Ellen Boltoii (aged ten) were married because Richard Bentham, grandfather of Ellen, “was a very wealthy
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