a people; and a nation will be formed that will command the admiration and respect of mankind. We have already delineated our Saxon ancestors (ante p. 78); we there said: "Rude and barbaric as were our Saxon ancestors at their first arrival in Britain, they yet possessed in an eminent degree those great fundamental qualities upon which alone a great nation can be permanently established :— indomitable courage an enthusiastic love of liberty-the most exalted patriotism-and a devoted attachment and respect towards the female sex." And, speaking of the latter, Mr. Turner says : "Amongst the Anglo-Saxons their safety, their liberty, and their property were protected by express laws; they possessed all that sweet influence which, while the human heart is responsive to the touch of love, they will ever retain in those countries which have the wisdom and urbanity to treat them as equal, intelligent, and independent beings." Let us now contemplate Woman fresh from the hands of her Creator. Shed their selectest influence; the earth (MILTON, Paradise Lost, Book viii.) Such is the fair creature which a beneficent Creator has intrusted to our care and protection. "Heaven in our cup the cordial drop hath thrown, To make the bitter draught of life go down!" To perpetuate that sweet influence, and to enable woman to fulfil her sublime mission, and exalted destiny (the glorious end of her creation and existence), we will endeavour, by a candid discussion of her constitutional rights, to teach her (that most useful of lessons) self-respect and moral dignity. Respect thyself, and man will respect thee too." Before we analyse the provision made for her by the Custumal, we will inquire what protection she received, what liberties and privileges were secured to her under the laws of her Saxon ancestors. Laws of King Cnut, who became monarch of all England on the death of Edmund Ironside, A.D. 1017, and died A.D. 1035. "Nemo nubat fœminam invitam. CAP. LXXV. And ne nyde man nader ne pir ne mæden to þam pe hype ÿlne mirlicize. ne pið sceatte ne rylle buton he hpæet azener þancer gyfan pille "Let no man marry a Woman against her will. C. LXXV. "And let no man compel either woman or maiden to him whom she herself mislikes; nor for money sell her, unless he is willing to give any thing voluntary." And in the Ecclesiastical Laws of K. Cnut. "De conjugiis prohibitis. CAP. VII. And pe læɲað 7 biddað Jon Loder naman beóðað. Þæniz cristen mann binnan vi manna rib-Fæce. on hir ázenan cynne ærne ne zepífie. ne on hir mæzer láfe þe pa neáh rib pæɲe. ne on þær pífer nédmazan þe he rýlf æ hærde. ne on hir zefædepan. ne on gehálzodre nunnan. ne on ælæten ænig cristen mann æfɲe ne zepífize. ne æénize foɲliznu áhpaɲ ne bezanze. ne na má pífa þonne an hæbbe. beo hir bepeddode píf. ac beo be pæne ánɲe þa hpíle pe heó libbe. repe pille Loder lage gyman mid pihte. J pið helle bɲýne beophgan his sáple :· (See also Laws of K. Ethelred, at Council of Enham, vi, 12.) "Of forbidden Marriages. C. VII. "And we instruct and beseech, and, in God's name, command, that no Christian man ever marry in his own family within the relationship of VI persons; nor with the relict of his kinsman who was so near of kin; nor with the relative of the wife whom he had previously had; nor with his godmother, nor with a hallowed nun, nor with one divorced, let any Christian man ever marry, nor any fornication anywhere commit; nor have more wives than one, and let that be his wedded wife; but let him be with her alone, as long as she may live, whoever will rightly keep God's law, and secure his soul against the burning of hell." Laws of Ine, who became K. of Wessex on the resignation of Cedwalla, A.D. 688. He abdicated the government, and retired to Rome, after a reign of thirty-seven years, A.D. 725. Be þon de mon píf byczze. and donne so gift tostande. CAP. XXXI. Lif mon pi zebýczze.ro gýft forð ne cume. azife feoh. J Fonzielde. zebéte þam býɲzean spa hi bong-bryce sie.· "In case a man buy a Wife, and then the marriage take not place. C. XXXI. "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 'borg-bryce' may be." Laws of Edmund (the brother of Æthelstan). He began to reign A.D. 940, and was assassinated A.D. 946. Du man mæden peddian sceal hpýlce Foɲepaɲde þær azhen to beonne.. How a man shall wed a maiden, and what precaution there ought to be. Be pirmanner bepeddunze. CAP. I. Lip man mædan oppe pir peddian pille. J hit грa hiɲe neondan zelicize. ponne is pih je bɲýd-zuma. ærten Loder rihte æfter populd-zenýrnum. æner behate on pedde rylle pam men be hine Fоn-гppeсan rýnd. þ he on pa piran hire geornize. † he hy ærzen Eroser nhte healdan pille på pæɲ his pif rceal. abongan his frýnd CAP. II. Ærten þam is to pitanne hpam Foren-lean zebynize. peddige re brydzuma eft þær. 7 hit abongian hir frýnd:· CAP. III. Donne rÿþþan cype re bryd-zuma hpær he hine zeunne pið þam pet heo hir pillan geceore. 7 hpær he hine zeunne gif heo lenz rý ponne he:: CAP. IV. LF hit spa zeroɲpond bið. þonne is pihtheo rý healfer ÿnfer pýrðe. 7 ealler 3 hý cild gemæne hæbban. bute heo eft pæn ceore.· "Of betrothing a Woman. C. I. "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' to those who are her 'fore-sprecas,' 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. C. II. "After that it is to be known to whom the 'foster-lean' belongs; let the bridegroom again give a 'wed' for this; and let his friends guarantee it. C. III. "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. C. IV. "If it be so agreed, then is it right that she be entitled to half the property, and to all if they have children in common, except she again choose a husband. CAP. V. Thýmme he eal mid pedde he behave. J aborgian frýnd þ: · CAP. VI. LIF hy ponne ælcer pinzer rammæle beon. ponne Fon magar to. 7 peddian heopa mazan to pife. I to niht life. þam pe hine girnde. I fo to pam bonze repe þær pedder paldend ry:. CAP. VII. Lip hy man ponne ut of lande lædan pille on oðres þegner land. þonne bið hine ɲæd Fлýnd þа Fорроnd habban hine man nan poh to ne do. heo gilt zepуnce. hý moton beon bote nýhst. gif heo nærð of hpam heo bete.. CAP. VIII. Æt þam giftan rceal mærreprеoft beon mid pihte. re rceal mid Loder bletrunze heopa zeromnunge zedeɲian an ealɲe gerundfulnerre.. CAP. IX. Pel s eac to paɲnianne man pite hý puh mæg-ribbe to gelænge ne beon. þe lær þe man eft pæme man æɲ apoh toromne zedydon: C. v. "Let him confirm all that which he has promised with a 'wed ;' and let his friends guarantee that. C. VI. "If they then are agreed in every thing, 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' who has control of the 6 wed.' C. VII. "But if a man desire 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 bōt,' if she have not whereof she can make 'bōt.' C. VIII. "At the nuptials there shall be a mass-priest by law, who shall, with God's blessing, bind their union to all prosperity. C. IX. "Well is it also to be looked to, that it be known that they, through kinship, be not too nearly allied; lest that be afterwards divided, which before was wrongly joined." |