The Child and Childhood in Folk-Thought - Alexander F. Chamberlain (best way to read an ebook txt) 📗

man, and it was supposed that he would have been good unto them, and bestowed some good farm upon them” (234. 32); the marriage of Thomas Fletcher (aged 10-11) and Anne Whitfield (aged about nine) took place because “John Fletcher, father of the said Thomas, was in debt; and, to get some money of William Whitfield, to the discharge of his debts, married and bargained his sonne to the said Whitfield’s daughter.” The “compulsion of their friends” seems also to have been a cause of the marriages of children; Peter Hope (about thirteen) married Alice Ellis (aged nine), “because it was his mother’s mind, he durst not displease her” (234. 20, 23).

So far the evidence has related to unsatisfactory and unfortunate marriages, but, as Dr. Furnivall remarks, “no doubt scores of others ended happily; the child-husband and—wife just lived on together, and—when they had reached their years of discretion (girls twelve, boys fourteen) or attained puberty—ratified their marriage by sleeping in one bed and having children” (234. xix., 203).

Some additional cases of child-marriages in the diocese of Chester are noticed by Mr. J. P. Earwaker (234. xiv.), a pioneer in this branch of antiquarian research, whose studies date back to 1885. The case of John Marden, who, at the age of three years, was married to a girl of five is thus described: “He was carried in the arms of a clergyman, who coaxed him to repeat the words of matrimony. Before he had got through his lesson, the child declared he would learn no more that day. The priest answered: ‘You must speak a little more, and then go play you.’” Robert Parr, who, in 1538-9, at the age of three, was married to Elizabeth Rogerson, “was hired for an apple by his uncle to go to church, and was borne thither in the arms of Edward Bunburie his uncle … which held him in arms the time that he was married to the said Elizabeth, at which time the said Robert could scarce speak.” Mr. Earwaker says that in the Inquisitiones post mortem, “it is by no means unfrequent to read that so and so was heir to his father, and then aged, say, ten years, and was already married” (234. xxi.-xxxiii.).

A celebrated child-marriage was that at Eynsham, Oxfordshire, in 1541, the contracting parties being William, Lord Eure, aged 10-11 years, and Mary Darcye, daughter of Lord Darcye, aged four. The parties were divorced November 3, 1544, and in 1548, the boy took to himself another wife. Dr. Furnivall cites from John Smith’s Lives of the Berkeleys, the statements that Maurice, third Lord Berkeley, was married in 1289, when eight years old, to Eve, daughter of Lord Zouch, and, before he or his wife was fourteen years of age, had a son by her; that Maurice, the fourth Lord Berkeley, when eight years of age, was married in 1338-9, to Elizabeth, daughter of Hugh Lord Spenser, about eight years old; that Thomas, the fourth Lord Berkeley, when about fourteen and one-half years of age, was married, in 1366, to Margaret, daughter of Lord de Lisle, aged about seven. Smith, in quaint fashion, refers to King Josiah (2 Kings, xxiii., xxvi.), King Ahaz (2 Kings, xvi. 2, xviii. 2), and King Solomon (1 Kings, xi. 42, xiv. 21) as having been fathers at a very early age, and remarks: “And the Fathers of the Church do tell us that the blessed Virgin Mary brought forth our Saviour at fifteen years old, or under” (234. xxvii).

Even during the seventeenth and eighteenth centuries child-marriages are numerously attested. Following are noteworthy cases (234. xxiii.): In 1626 Anne Clopton, aged nearly fourteen, was married to Sir Simonds D’Ewes, aged nearly twenty-four; in 1673, John Power, grandson of Lord Anglesey, was married at Lambeth, by the Archbishop of Canterbury to Mrs. Catherine Fitzgerald, his cousin-german, she being about thirteen, and he eight years old; at Dunton Basset, Leicestershire, in 1669, Mary Hewitt (who is stated to have lived to the good old age of seventy-seven) was married when but three years old; in 1672, the only daughter (aged five) of Lord Arlington was married to the Duke of Grafton, and the ceremony was witnessed by John Evelyn, who, in 1679, “was present at the re-marriage of the child couple”; in 1719, Lady Sarah Cadogan, aged thirteen, was married to Charles, Duke of Eichmond, aged eighteen; in 1721, Charles Powel, of Carmarthen, aged about eleven, was married to a daughter of Sir Thomas Powel, of Broadway, aged about fourteen; in 1729, “a girl of nine years and three months was taken from a boarding school by one of her guardians, and married to his son”; Bridget Clarke, in 1883, is reputed to have been twenty-five years old, to have had seven children, and to have been married when only thirteen; at Deeping, Lincolnshire, a young man of twenty-one married a girl of fourteen, and “it was somewhat of a novelty to observe the interesting bride the following day exhibiting her skill on the skipping-rope on the pavement in the street.” Mr. Longstaff, who has studied the annual reports of the registrar-general for 1851-81, finds that during these thirtyone years, “out of 11,058,376 persons married, 154 boys married before 17, and 862 girls before 16. Of these, 11 boys of 15 married girls of 15 (four cases), 16, 18 (two cases), 20, and 21. Three girls of 14 married men of 18, 21, and 25. Five girls of 15 married boys of 16; in 29 marriages both girl and boy were sixteen” (234. xxxiii).

Further comments upon infant marriages may be found in an article in the Gentleman’s Magazine, for September, 1894, the writer of which remarks: “Within recent years, however, the discovery has been made, that, so far from being confined, as had been supposed, to royal or aristocratic houses, infant marriages were, in the sixteenth century, common in some parts of England among all classes” (367. 322).

It was said “marriages are made in heaven,” and that some times children are married before they are born; it might also be said “marriages are made for heaven,” since some children are married after they are dead. In some parts of China (and Marco Polo reported the same practice as prevalent in his time among the Tartars) “the spirits of all males who die in infancy or in boyhood are, in due time, married to the spirits of females who have been cut off at a like early age” (166.

140).

 

As Westermarck observes, “Dr. Ploss has justly pointed out that the ruder a people is, and the more exclusively a woman is valued as an object of desire, or as a slave, the earlier in life is she chosen; whereas, if marriage becomes a union of souls as well as of bodies, the man claims a higher degree of mental maturity from the woman he wishes to be his wife.”

In so civilized a nation even as the United States, the “age of consent” laws evidence the tenacity of barbarism. The black list of states, compiled by Mr. Powell (180. 201), in a recent article in the Arena, reveals the astonishing fact that in three states—Alabama, North Carolina, South Carolina-the “age of consent” is ten years; in four states, twelve years; in three states, thirteen years; in no fewer than twenty states, fourteen years; in two states, fifteen years; in twelve states, sixteen years; and in one state (Florida), seventeen years. In Kansas and Wyoming alone is the “age of consent” eighteen years, and it is worthy of note that Wyoming is the only state in the Union in which women have for any considerable length of time enjoyed the right to vote on exactly the same terms as men. In England, the agitation set going by Mr. Stead, in 1885, resulted in, the passage of a law raising the “age of consent” from thirteen to sixteen years. It is almost beyond belief, that, in the State of Delaware, only a few years ago, the “age of consent” was actually as low as seven years (180.194)! Even in Puritan New England, we find the “age of consent” fixed at thirteen in New Hampshire, and at fourteen in Connecticut, Vermont, and Maine (180. 195). It is a sad comment upon our boasted culture and progress that, as of old, the law protects, and even religion fears to disturb too rudely, this awful sacrifice to lust which we have inherited from our savage ancestors. There is no darker chapter in the history of our country than that which tells of the weak pandering to the modern representatives of the priests of Bacchus, Astarte, and the shameless Venus. The religious aspect of the horrible immolation may have passed away, but wealth and social attractions have taken its place, and the evil works out its destroying way as ever. To save the children from this worse than death, women must fight, and they will win; for once the barbarity, the enormity, the inhumanity of this child-sacrifice is brought home to men they cannot for their own children’s sake permit the thing to go on. Here, above all places else, apply the words of Jesus: “Whoso shall cause one of these little ones which believe on me to stumble, it is profitable that a great millstone should be hanged about his neck, and he should be sunk in the depths of the sea.” The marriage-laws of some of the states savour almost as much of prehistoric times and primitive peoples. With the consent of her parents, a girl of twelve years may lawfully contract marriage in no fewer than twenty-two states and territories; and in no fewer than twenty, a boy of fourteen may do likewise. Among the twenty-two states and territories are included: Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, Pennsylvania, Rhode Island, Vermont; and among the twenty, Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, Pennsylvania, Rhode Island, Vermont. In some of the Southern States the age seems to be somewhat higher than in a number of the Northern. The existence of slavery may have tended to bring about this result; while the same fact in the West is to be accounted for by the vigour and newness of the civilization in that part of the country.

 

Children’s Rights.

Where, as in ancient Rome, for example, the patria potestas flourished in primitive vigour,—Mommsen says, “all in the household were destitute of legal rights,—the wife and the child no less than the bullock or the slave” (166. 229), children could in nowise act as members of society. Westermarck (166. 213-239) shows to what extent and to what age the mundiwm, or guardianship of the father over his children, was exercised in Rome, Greece, among the Teutonic tribes, in France. In the latter country even now “a child cannot quit the paternal residence without the permission of the father before the age of twenty-one, except for enrolment in the army. For grave misconduct by his children the father has strong means of correction. A son under twenty-five and a daughter under-twenty-one cannot marry without the consent of their parents; and even when a man has attained his twenty-fifth year, and the woman her twenty-first, both are still bound to ask for it, by a formal notification.” Westermarck’s observations on the general subject are as follows:—“There is thus a certain resemblance between the family institution of savage tribes and that of the most advanced races. Among both, the grown-up son, and frequently the grown-up daughter, enjoys a liberty unknown among peoples at an intermediate stage of civilization. There are, however, these vital differences: that children in civilized countries are in no respect the property of their parents; that they are born with certain rights guaranteed to them by society; that the birth of children gives parents no rights over them other than those which conduce to