to be matched with them. Lastlie, their decking and lusts cannot be satisfied, but with extreme charges.
Plutarch in his Apophthegs of Lycurgus, when he was asked wherefore he had commanded that virgins should marrie with∣out 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 di∣ligentlie 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.
The
Decemuiri of Rome decréed also, by the lawes of
Solon, that a wo∣man should be without a dowrie, and should bring from hir fathers house onelie thrée gar∣ments, and also certeine vessels of small price; bicause they would declare, that the fellowship of marriage is not confirmed by riches, but through the loue of children.
Certeinlie these things doo verie well agrée with that, which is written by Paulus and Vlpia∣nus, in the Pandects, as concerning the frée gift betwéene the husband and wife.
It is written also of the Aegyptians, that if they receiued dow∣rie 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.
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 haue 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 giue 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 vnto 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 dow∣ries; and haue manie whole titles, wherein this matter onelie is treated.
50 But séeing we are now come thus far, it séemeth méete to define a dowrie, that there∣by we may the easilier knowe, how much must be attributed thereto by godlie men, in the con∣tracting 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 dow∣rie be properlie said a right of vsing; yet not∣withstanding, those things, which are giuen vn∣to the man, are oftentimes called by this name dowrie. Howbeit, the end is chéeflie to be noted in this definition; namelie, to susteine the bur∣thens of matrimonie. It séemeth also, that sée∣ing the husband bestoweth verie much in nou∣rishing of his wife, and in the honest mainte∣nance of hir, iustice and equitie would, that som∣what in like maner be yéelded vnto 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 suf∣fered; bicause some are not ashamed to saie, that by a dowrie, concord betwéene man and wife is easilie obteined. This,
both reason and experi∣ence teacheth to be most false. Who is ignorant, that that kind of fréendship (which hath respect onelie vnto profit, and which is grounded onelie vpon pleasure) is verie fraile and transitorie?
Moreouer, experience teacheth, that mariages which be so contracted, as there is no other con∣sideration had therein, but onlie the wiues beau∣tie and hir dowrie, haue verie ill successe. Wher∣fore these are reprooued by the common pro∣uerbe; Qui vxores oculis & digitis ducunt, Such as marrie wiues with their eies and fingers, that is, which are mooued onelie with beautie and monie.
So then it behooueth iust lawes not al∣togither to take dowries awaie, but rather streictlie to prouide, that they be not ouer-much increased, nor doone without right or rea∣son. And for this cause the
Romane lawes com∣manded 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 doti∣um. And contrariewise, we must take héed, that neither parents nor tutors, being ouercome with couetousnesse, giue lesse than honestie re∣quireth: as it is written in the title De dote inof∣ficiosa. And bicause dowries be giuen, to su∣steine the charges of matrimonie; those cannot be excused, which hauing receiued them of their wiues, afterward dare vse their wiues misera∣blie. Besides that, they be vniust, bicause they vi∣olate the lawe of God, whereby they ought to loue their wiues as themselues, and as their owne proper bodie; when as they will not con∣uenientlie helpe them with their owne goods.
Yea there be some, which if they were not lett by publike lawes, would consume, sell, and vt∣terlie alienate their wiues dowries. And that this might not be, the lawes, especiallie of the Romans, haue carefullie prouided. For they