Common Places, Part 2 · Chapter 10 · Section 9
Of Dowries; In the Commentaries vponupon Iudges, the firſt chapter, and the 14. verſe.
49 But whether huſbands receiued dowries of their wiues, before the lawe, it is vncerteine. Looke In 1. Sam. 18, verſe, 23. Whether huſbands in old time receiued dowries of their wiues.The ſeruant of Abraham rather gaue gifts vntounto Rebecca, than receiued; for ſo much as he brought with him golden and ſiluer veſſels, in the name of Abraham and Iſaac, which were to be giuen to the ſpouſe. But there is no mention made of the maidens dowrie. Alſo Iacob ſerued for his wiues, ſo farre was he from receiuing anie thing of them in the name of a dowrie. Sichem alſo, the ſonne of Hemor, inordinatelie louing Dina the daughter of Iacob, with whom he had committed fornication, ſaid vntounto the ſonnes of Iacob; Increaſe hir dowrie as ye liſt, I will refuſe no condition, ſo I may hauehave your ſiſter to be my wife. Howbeit, I cannot tell how the cuſtome of the ancient fathers, in not taking but giuing dowries to wiues, which they ſhould marrie, ought to be commended: yet I thought good to recite thoſe things, which I hauehave read héereof by the waie. And to begin with Megadorus in Plautus Comedie Aulularia, when he ſhould take to wife the daughter of a poore man, being alſo without dowrie, commended his counſell by thoſe words; If (ſaith he) other men would doo after my example, the citie would then be in better concord, and enuie ſhuld not be ſo rife among vsus as it is. They (namelie the wiues) will feare vsus the more, and we ſhall kéepe them with much leſſe coſt, &c.
When I conſider theſe things, they ſéeme to be verie wiſelie ſpoken. For now and then it happeneth, that one citie is after a ſort diuided into two parts; when as the daughters of poore men are without hope to marrie with them that be of the richer ſort, either for the ſlenderneſſe of their dowrie, or elſe bicauſe they hauehave no dowrie at all: for they atteine not thereto, except it be by chance, or elſe verie ſildome. Wherefore the richer and mightier ſort are much enuied, and gréeuouſlie hated of the poorer. Beſides this, wiues, which hauehave good dowries, ſtand in the leſſe awe of their huſbands: yea rather, they deſpiſe and ſet nought by them, counting them as vnwoorthie to be matched with them. Laſtlie, their decking and luſts cannot be ſatiſfied, but with extreme charges. Plutarch.Plutarch in his Apophthegs of Lycurgus, when he was aſked wherefore he had commanded that virgins ſhould marrie without dowrie, anſwered; To the intent that ſome ſhould not be left vnmarried for pouertie ſake, or other ſome ſhould be ouer-much deſired or wooed for their wealth; but that euerie man diligentlie conſidering the maidens conditions, might chooſe him a wife for vertue ſake. He ſheweth alſo, in the thirtie probleme, that the bride brought to the bridegroomes houſe onelie a diſtaffe and a ſpindle. A lawe of the Decemuiri.The Decemuiri of Rome decréed alſo, by the lawes of Solon, that a woman ſhould be without a dowrie, and ſhould bring from hir fathers houſe onelie thrée garments, and alſo certeine veſſels of ſmall price; bicauſe they would declare, that the fellowſhip of marriage is not confirmed by riches, but through the louelove of children.
Certeinlie theſe things doo verie well agrée with that, which is written by Paulus and Vlpianus, in the Pandects, as concerning the frée gift betwéene the huſband and wife. A cuſtome of the Aegyptians.It is written alſo of the Aegyptians, that if they receiued dowrie of their wiues, they ſhould then be counted as their wiues bond-men. Which cuſtome did ſufficientlie teach, that it ſéemeth both infamous and vnprofitable to ſéeke a dowrie of our wiues; when as nothing is more noble than libertie. And nature hath ordeined, that the huſband ſhould rule the wife. A cuſtome of the Spaniards.And it is written, that the Spaniards had a cuſtome, that the wiues ſhould bring to their huſbands a diſtaffe woond with flar, in ſtéed of a dowrie. I might reherſe a great manie beſides, to ſignifie, that all the men in old time allowed not, that huſbands ſhould hauehave dowries giuen them, when they married their wiues. But in verie déed the lawes of GOD make mention verie often of dowrie. And yet I am aſſured, that the ſame was ſome-where vſed before the lawe. In Exodus, he which had defiled a virgine, was bound to marrie hir, ſo that hir father were content; but if he would not marrie hir, then he was forced to giuegive hir a dowrie, euen as the lawe appointeth the dowrie of virgins to be. Moreouer, in the firſt booke of Kings, the ninth chapter; Pharao gaue for a dowrie vntounto Salomon, who had married his daughter, the citie Gazar, which he had taken from the Chanaanites. Beſide this, the Romane lawes, which otherwiſe be moſt indifferent of all other, doo make verie much mention of dowries; and hauehave manie whole titles, wherein this matter onelie is treated.
The definition of a dowrie.50 But ſéeing we are now come thus far, it ſéemeth méete to define a dowrie, that thereby we may the eaſilier knowe, how much muſt be attributed thereto by godlie men, in the contracting of matrimonies. A dowrie is a right to vſe things, which are giuen to the huſband by his wife; or by others in hir name, to ſuſteine the burthens of matrimonie. And although a dowrie be properlie ſaid a right of vſing; yet notwithſtanding, thoſe things, which are giuen vntounto the man, are oftentimes called by this name dowrie. Howbeit, the end is chéeflie to be noted in this definition; namelie, to ſuſteine the burthens of matrimonie. It ſéemeth alſo, that ſéeing the huſband beſtoweth verie much in nouriſhing of his wife, and in the honeſt maintenance of hir, iuſtice and equitie would, that ſomwhat in like maner be yéelded vntounto him. Then, ſéeing a dowrie hath this foundation of iuſtice, there is no doubt, but that it is a thing lawfull. Neuertheleſſe, therein is an error not to be ſuffered; bicauſe ſome are not aſhamed to ſaie, that by a dowrie, concord betwéene man and wife is eaſilie obteined. This, An error touching dowrie.both reaſon and experience teacheth to be moſt falſe. Who is ignorant, that that kind of fréendſhip (which hath reſpect onelie vntounto profit, and which is grounded onelie vponupon pleaſure) is verie fraile and tranſitorie?
Moreouer, experience teacheth, that mariages which be ſo contracted, as there is no other conſideration had therein, but onlie the wiues beautie and hir dowrie, hauehave verie ill ſucceſſe. Wherfore theſe are reprooued by the common prouerbe; Qui vxores oculis & digitis ducunt, Such as marrie wiues with their eies and fingers, that is, which are mooued onelie with beautie and monie. Dowries muſt be giuen with moderation and reaſon.So then it behooueth iuſt lawes not altogither to take dowries awaie, but rather ſtreictlie to prouide, that they be not ouer-much increaſed, nor doone without right or reaſon. And for this cauſe the Romane lawes commanded thoſe dowries to be cut off, which were greater than the abilitie of the giuer might beare: as we read in the Digeſts De iure dotium. And contrariewiſe, we muſt take héed, that neither parents nor tutors, being ouercome with couetouſneſſe, giuegive leſſe than honeſtie requireth: as it is written in the title De dote inofficioſa. And bicauſe dowries be giuen, to ſuſteine the charges of matrimonie; thoſe cannot be excuſed, which hauing receiued them of their wiues, afterward dare vſe their wiues miſerablie. Beſides that, they be vniuſt, bicauſe they violate the lawe of God, whereby they ought to louelove their wiues as themſelues, and as their owne proper bodie; when as they will not conuenientlie helpe them with their owne goods.
Yea there be ſome, which if they were not lett by publike lawes, would conſume, ſell, and vtterlie alienate their wiues dowries. And that this might not be, the lawes, eſpeciallie of the Romans, hauehave carefullie prouided. For they decrée, that the ſtate or title of the dowrie ſhould remaine with the wiues, although the huſbands had the fruit and vſe thereof, ſo long as the marriage ſhould laſt. But what (I praie you) ſhall we ſaie of them, which ſuffer ſo gréeuous and intollerable burdens of matrimonie to be dailie augmented, while they too much flatter and cocker their wiues? Surelie they ſinne verie gréeuouſlie: forſomuch as now, neither their owne patrimonie, neither their wiues dowries can be ſufficient; bicauſe they excéed ſo much in ſumptuous attire. Certeinlie, among godlie huſbands and good wiues, all things ought to be vſed with moderation and temperance. But wherefore (thinke we) hauehave the lawes ordeined ſo manie things, and by ſo manie waies concerning dowries? Euen bicauſe they would kéepe the citizens without hurt or damage, when as they marrie and are ioined togither in matrimonie. Why the dowrie ſhould remaine whole to the wife.For it is expedient for the weale publike that if the huſband die, the dowrie ſhould remain whole vntounto the wife; wherewith if ſhe will, ſhe may marrie againe: or if the wife die firſt, that the dowrie ſhould ſerue to nouriſh, apparell, and bring vp the children, which are begotten in matrimonie.
51 Notwithſtanding, thou wilt demand; Whie are dowries ſaid to be giuen vnderunder this title, of ſuſteining the burdens of matrimonie? Euen leaſt the ſame dowrie ſhould be counted a price: A dowrie is no price of marriageas though wiues and marriages were things to be ſold. For the which cauſe, in the Digeſts, gifts betwéene huſband and wife are prohibited; to wit, that in matrimonies & contracts, gifts betwéene man & wife be neither giuen nor receiued. Furthermore, when as diuorſements were giuen in manie places by that ciuill lawe, if gifts betwéene man and wife had béene lawfull, marriages would verie eaſilie hauehave béene diſſolued. Séeing if one of the married parties would not giuegive vntounto the other, ſo much as he demanded; that partie ſhould foorthwith hauehave béene refuſed. The men in déed might giuegive certeine gifts vntounto their wiues, Iointures called foreign.before the marriages, which were called iointures, as ſome certeiye recompenſings of the dowrie. Yet neuertheleſſe, when they were once married togither, the Romane lawes permitted not, that they ſhould giuegive gifts one to an other.
Plutarch.Whereof Plutarch alſo hath made mention; out of whom neuertheleſſe is brought an other reaſon than that, which I declared to be taken of the verie laws. Theſe be the words, in the 35. and 36. precept of matrimonie: Certeine bodies are ſaid to conſiſt of ſeuered things, as an armie, and a nauie; other bodies, of things ioined togither, as a houſe and a ſhip; and other ſome are vnited and compact togither, as all liuing creatures are. Wherefore matrimonie, which conſiſteth of liuing creatures, is vnited and compact: but the matrimonie, which is made either for dowrie ſake, or for children, belongeth to bodies ioined togither. And that which conſiſteth for pleaſure or carnall copulation, thou maiſt number among the ſeuered bodies: for there man and wife may be ſaid to dwell togither, but not to liue togither. And as in liuing creatures, the temperatures of humors runne through all parts: ſo marriage muſt mingle bodies, monie, friends and kinſfolke togither. And the maker of the Romane lawes forbad perſons coupled in matrimonie, to take or to giuegive gifts one to an other: not to the intent they ſhould not be partakers of anie one thing; but that they ſhould thinke all things to be common.
Howbeit, theſe things are to be vnderſtood of frée gifts, and not of dowries: Dowries of maides giuen out of the common treaſurie.which otherwiſe were both lawfull and much vſed in the Romane publike wele. For the daughters of Scipio, Curius, and Cincinnatus had dowries out of the treaſurie; bicauſe of the pouertie of their parents, to the intent they ſhould not be married without dowries. The councell of Arls made a falſe decree.Yea and the generall Councell of Arls, as it is rehearſed in the thirtie queſtion, the fift chapter Nullum ſine, decréed, that no matrimonie ſhould be contracted without a dowrie. Let the dowrie (ſaith it) be according to the abilitie, neither let anie woman preſume to take a huſband, or anie huſband a wife, without publike marriage. This canon I willinglie allow, in that it condemneth ſecret marriages: but where it decréeth, that marriages cannot be contracted without a dowrie, ſéeing that is not confirmed by the teſtimonie of Gods word, I cannot admit. For there are and hauehave béene verie manie, which hauehave married wiues altogither without dowrie; yea and theſe men of ſo great honeſtie and authoritie (as it ſhould ſéeme) a raſh part to condemne their dooing, ſéeing the holie ſcriptures are not againſt it. Neither doo I iudge, that matrimonie ſhould by anie meanes be denied to thoſe women, which are without a dowrie, if marriage be neceſſarie for them.
Moreouer, Paule teſtifieth, Epheſ. 5, 23.that matrimonie dooth ſhadowe the coniunction that Chriſt hath with his church. Wherfore, if the truth of the matter be well conſidered, the church had nothing to offer vntounto Chriſt in the name of a dowrie: naie rather (as Ezechiel teacheth) the ſame was found wrapped in bloud and mire. Ezec. 16, 30Alſo the fathers in the old teſtament ſéeme ſometimes to hauehave had wiues without dowries. So then it ſéemeth méet to be decréed, that men may, and that it is lawfull to receiue dowries, when they are giuen, and that the ſame cuſtome is honeſt, ſo that a iuſt meaſure be not excéeded, and that he which marrieth, be not allured therevnto through the name of the dowrie, as being the principall cauſe. The maners and godlineſſe of the wife ought chéeflie to be regarded. Neither ought anie man foorthwith to perſuade himſelfe; If I ſhall marrie a wife without a dowrie, I ſhall therefore hauehave hir the better, and the more at quiet, Ierom.ſith (as Ierom declareth in his firſt booke againſt Iouinian) Cato Cenſorius had Actoria Paula to wife, The wife of Cato.borne of a baſe kindred, who was poore alſo and without a dowrie; and yet neuertheleſſe ſhe was a droonkard, impotent, and behaued hir ſelfe proudlie toward Cato.