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hawk." “I will give it willingly, if you will CHAP. give me a swift hound; which hawk will you have, the greater or the less ?” -“ The greater : how do you feed them ?” They feed themselves and me in winter, and in spring I let them fly to the woods. I take for myself young ones in harvest, and tame them.” – “And why do

you

let them fly from you when tamed ?” “Because I will not feed them in summer, as they eat too much." - “ But many feed and keep them tame through the summer, that they may again have them ready." “ So they do, but I will not have that trouble about them, as I can take many others.” 28

VII.

BOOK It is well known that the female sex were much

more highly valued, and more respectfully treated, by the barbarous Gothic nations, than by the more polished states of the East. Among the AngloSaxons, they occupied the same important and independent rank in society which they now enjoy.

They were allowed to possess, to inherit, and to transmit landed property ; they shared in all the social festivities; they were present at the witena gemot and the shire gemot; they were permitted to sue and be sued in the courts of justice; their persons, their safety, their liberty, and their pro. perty, were protected by express laws; and 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 the urbanity to treat them as equal, intelligent, and independent beings.

The earliest institutions respecting the AngloSaxon marriages occur in the laws of Ethelbert. According to these, a man might purchase a woman, if the agreement was made without fraud; but if deceit was detected, she was to be taken back to her house, and his money was to be restored to him. It was also enjoined, that if a wife brought forth children alive, and survived her husband, she was to have half his property. She was allowed the same privilege, if she chose, to

VIII.

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live with her children; but if she was childless, CHAP. his paternal relations were to have his possessions, and the morgen gift."

The customary forms attendant upon their marriage-contracts are more clearly displayed to us in the laws of Edmund; the consent of the lady and her friends was to be first obtained ; the bridegroom 2 was then to give his promise, and his pledge, to the person who spoke for her, that he desired her, that he might keep her, according to the law of God, as a man ought to keep his wife. Nor was this promise trusted to his own honour or interest: the female sex were so much under the protection of the law, that the bridegroom was compelled to produce friends who gave their security for his due observance of his covenant

The parties being thus betrothed, the next step was to settle to whom the foster lean, the money requisite for the nourishing the children, should be applied. The bridegroom was then required to pledge himself to this, and his friends became responsible for him.

This matter being arranged, he was then to signify what he meant to give her for choosing to be his wife, and what he should give her in case she survived him. I consider the first gift to be a designation of his intended morgen gift. This was the present which the Anglo-Saxon wives received

1 Wilk. Leg. Sax. p. 7.

2 The Saxon word is bryd-zuma. Luma means a man, which we have perverted into groom ; bryd implies marriage. The Welsh for marriage is priodas; priodvab is a bridegroom ; priodi, to marry: all these in composition change into an initial b. No one can suspect that such a term as this can by either nation have been derived from the other. But the Welsh has preserved the rationale of the word, which implies appropriation, or proprietorship.

BOOK
VII.

from their husbands on the day after their nuptials, as it is expressed in the law. It seems to have been intended as a compliment to the ladies for honouring a suitor with their preference, and for submitting to the duties of wedlock. The law adds, that, if it be so agreed, it is right that she should halve the property, or have the whole if they had children together, unless she chose again another husband. This was an improvement on the ancient law, which in the event of no issue, had directed the morgen gift to be returned.

The bridegroom was then required to confirm with his pledge all that he had promised, and his friends were to become responsible for its due performance.

These preliminaries being settled, they proceeded to the marriage. Her relations then took and wedded her to wife, and to a right life, with him who desired her; and the person appointed to keep the pledges that had been given, took the security for them. For the more complete assurance of the lady's personal safety and comfort, in those days wherein a multiplicity of jurisdictions gave often impunity to crime, the friends who took the pledges were authorised to become guarantee to her, that if her husband carried her into another thane's land, he would do her no injury; and that, if she did wrong, they would be ready to answer the compensation, if she had nothing from which she could pay it.

The law proceeds to direct, that the mass-priest should be present at the marriage, and should consecrate their union with the divine blessing to every happiness and prosperity. There is an ar

3 Wilk. Leg. Sax. p. 75, 76.

ticle in one of the collections of ecclesiastical CHAP.

VIII. canons, “How man shall bless the bridegroom and the bride." 4

The Anglo-Saxon remains will furnish us with some illustrations of the pecuniary contracts which attended their marriages. We will give one document at length, as it may be called an AngloSaxon lady's marriage-settlement.

“ There appears in this writing the compact which Wulfric and the archbishop made when he obtained the archbishop's sister for his wife. It is, that he promised her the land at Ealretune and at Rebbedforda for her life, and promised her the land at Cnihte.wica ; that he would obtain it for her for the lives of three men from the monastery at Wincelcumbe; and he gave her the land at Eanulfin-tune to give her and to grant to those that were dearest to her during life, and after her life to those that were dearest to her ; and he promised her fifty mances of gold, and thirty men and thirty horses. Now of this were to witness Wulfstan the archbishop, and Leofwin the ealdorman, and Athelstan bishop, and Ælford abbot, and Briteh monk, and many good men in addition to them, both ecclesiastics and laymen, that this compact was thus made. Now of this compact there are two writings; one with the archbishop at Wigere ceaster, and another with Æthelstan, the bishop at Herford.” 5

Without deviating into an exposition of the customs of other nations as to the morgen gift, we will state a few circumstances concerning it from our own documents. It is frequently mentioned in ladies' wills : thus Wynfleda, bequeathing some land at Faccancumb, calls it her morgen

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