The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-19
TNB MARRIAGE VOW.
HOW THE hNCIENTS REGARDED IT.
Free Love and Woman's Rights an
Old Experiment.
Historical Lessons Of Welded
Life.
ACTS AND FIG q n Il $ !.


repulate by law arise out OF the marriage relation
On 1t depends the building up OF the social fabric
and the prosperity happiness and permanence Of 0
nation. All other questions OF state grow insgnlf-
cant when compared TO II. In ancient as wen as I'D
modern times marriage has been invested Win
religious sanction and 1t vas deemed part OF re-
lgion and was regulated by priests ana prophets.
Amoag the Tea Commandments promulgated by
Moses two OF them, Thou shalt not commit adul-
terry ana Thou shalt NOT covct thy neighoars
wife = have found place IN the egls atlon OF every
nation OF which there is any history, and they seem
no nrmy implanted IN tue formation aud preserya.
sion OF society that they may properly be regarded
as OF divine origin. The first above mentioned
shows that If 1t Is obeyed marriage follow. As
20 how the marriage rites celebrated Is matter
Of little consequence: bur that relation afterwards
It's protection and It's responsibilities the all I'M
porant subject, and one which has been legislated
upon IN every form and condition in which the Wis
dom, caprice or fancy OF man or woman
conceive.
IMPORTANCE OF THE sUBJGcT.
As evidence or the immense importance which 10
every aye has been attached TO this subject we may
refer to the Roman law id winch TINS subject occu
pies two entire books or the afiy OF The Pandects
and the better part OF the firth book out OF the
comprising the Code OF Justlnian. Among the
modern civilians Dr. Taylor deyotes upwards OF
one-sixth parr Of his whole work on the elements
Of the Civil Law to the subject OF marriage Pothier
who has examined In thirty-two volumes the wnoe
immense subject OF the municipal law OF France.
which has It's foundations principally laid upon The
civil law, devotes entire volumes 10 the law OF
the matrimonial state.
The antiquarian will find that the proverp There
b nothing new under the SUM- is applicable 10
Stree love ana woman's rights any question that
q sail lie mot
marriage open question. when il Is alleged from
the beginning OF the world that such as are IN the
Institution wish 10 get out ana such out wish
u get inW He only repeated what was said centu-
ries before by an old Arabian proverb, and 1t had
been adopted by the French long ago. 1t is NOT at
ali probable that Moses would have made those com
mandments had not some OF his followers coveted
their nelghbors wives Moses saw that the marriage
relation ought IN certain TO be dissolved ana
we ind that by his laws deuteronomy xxlv1 wife
might be divorced II the husband found some IN
clcanness IN her, ana she might pe another
mans wife, This law did not apply to adultery
after marriage; that was punished with the death
OF both guilty parties (Leviiicus <, 10).
TIE MARRIAGE STATE IN ANCIENT DAYS.
According 10 Joscphus, by the Jewish law in
HeTods time divorce could be had by the husband
In certain cases; but WIFE II she left her husband
could not he married 10 another, unless her former
husband pnt her away. There record OF any law
that allowed wife 10 divorce her husband for aay
cause. THIS Is prooao.y because among all the an
Gent nations except the Egyptians the wife became
mere slave OF the husband and subject 10 his Will
In Egypt the wife was regarded the head of Tue
family Plato IN his plan for government insisted
Slat woman as well MS man ought 10 be trained up
In the exercises for forming the BODY and mind. and
In conducting armies, and III the government OF
states; nor does ne so much except
these exercises wherein it was customary 10
fight stark naked-aileging tnat the virtue
OF the sex would be sufficient covering Pytha
goras and Plato were the nrst considerable advo-
Gates OF socialism, as IL Is called at tae present day.
Koin thinks that the glorious reign OF Queen Se
mramis partly induced Plato 10 and insist
strongly upon principle sufficiently computed py
the constant practice OF oil ages and OF almost all
nations In the woria TO the contrary Aristotle di-
fered from his teacher Plato, and without doing
any injustice 10 the sex, he pointed dlfferenC
qualities OF the body and mud one having strength
OF body and ntrepidty OF mind thus enabling MIN
to undertake hardsnps anu 10 face dangers while
the other, on the contrary, l. OF weak delicate
constitution, accompanied with natural solness
ana modest timdiiy. winch render her more fit Tor
Bedcntary life and dispose her TO keep WITHIN the
precincts OF the house and employ herself coa
Germs OF domestic economy. Aenophan is OF The
same opinion with Aristotle.
In the early ages OF Rome the women were sub
lccted 10 perpetual guardianship except they were
unoer cover ana authority oil husband. Tnls
guardianship was given 70 the nearest ~ the male
sreations The wife acquired and inherited properly
Tor the sole benefit OF ncr husband and the iather OF
family might sell mis- chlreu--and the wiie was
reckoned among the number of ms cnidren-and he
could III certain cases sentence them TO death. The
Romans had no particular magistrates ike the
Greeks 10 inspect the conduct OF women. Romuus
Instituted the domestic trlDuna.n che husband
summoned the wiles relations and tried ner in their
presence. TINS tribunal decided not only IN respect
to the violation OF the laws nut also OF morals ana
inspected tue general conduct oil the WIFE. In ordi.
nary Cases the husband could as sole Judge IN
presence OF the wlles relations. out In grievous
cases he could determine ia conjunction VITA fye OF
them, and III case ot separation lie could not admit
70 his bed another woman; lie could bansh
her rom his bed and board, but he
could not marry unless ne divorced ner absolutely
For drunkenness and adultery he could punish with
death. These regulations did not extend TO common
peop!e but only concerned senatorian lamiiies.
Under THIS state OF affairs The komans abstaned
from the exercise OF the privilege OF divorce for
above 900 years, aud tue warmest applause mas
been layished on me virtue OF the Romans during
that tllne' The name 81 a roman natron became
emuiated, ana their wishes were grat1ed by the
Indulgence OF fathers and lovers after the Pune
Niumphs against the resistance aud opposition of
Cato the censor he nalrons became, IN law, the
equals OF their lords. 1he estate OF a wife conld
neither oe Iienate1 nor morgaged by prodigaI
husband. Their mutual gifts Were prohibited by the
Jealousy OF the laws, aud the msconduct OF either
party relating 10 property might atlord under
another manic. . future subject Tor an action for
theft.
Glpbon says:-s'wnen the Roman matrons became
the equal ano voluntary companions OF their lords a
new Jurisprudence was introduced-that marriage
like other partnerships. might be dissolved uy the
abdicatloB OF one OF the associates. Ia three cent-
ries or prosperity and corrupt ~ this principle was
enlarged to frequent practice s.id pernicious abase
Passion, Interest or caprice suggested day motives
Tor the dissolution OF marriage word. sign, n
message = letter the mandate OF freedman oe
Clared the separation. The most tender OF human
connections was degraded 10 transient society OF
pf0nt or pleasure. According to the various condl
lions OF life both sexes alternately fet the Disgrace
ana INJURY An IncoDstant spouse transferred her
wealth 10 new family. abandoning Numerous
perhaps spurious progeny to the paterRal antno-
raty and care Of her late husband. beautiful virgin
might be dismissed 10 the world old, INDECENT ana
hlendless. But the reluctance of the Romans when
iaey were pressed 70 marriage by Augustus
sufficiently marks that the prevailing iustl-
tutlons were least favorable TO the malea.n Both
sexes declined the solemn.zaton 0f the old nuptiais,
aha, without losing their name or independence,
eupscflDe3 the liberal and definite terms OF a mar.
hass contract OF their private fortune they shared
.he use a2o secured the property To this loose aud
,ruaunlhiy compact rehgIous and civil rites no
ons s essenua aud between persons OF a similar
Iaiih wy apparent community OF lie was allowed
~ humcieht evidence OF their nuptials. THIS fright