There was at that time neither first nor second throne among these
barbarians whom the Roman Empire never recognized as kings. There was no
French Empire. The empire of the French only commenced with Charlemagne.
It is very doubtful whether the word "mirefleur" was in use either in
the Welsh or Gallic languages, which were a _patois_ of the Celtic
jargon. This _patois_ had no expressions so soft.
It is also said that the ruler or governor Chilperic, lord of the
province of Soissonnais, whom they call king of France, divorced his
queen Andovere, or Andove; and here follows the reason of this divorce.
This Andovere, after having given three male children to the lord of
Soissons, brought forth a daughter. The Franks having been in some
manner Christians since the time of Clovis, Andovere, after her
recovery, presented her daughter to be baptized. Chilperic of Soissons,
who was apparently very tired of her, declared that it was an
unpardonable crime in her to be the godmother of her infant, and that
she could no longer be his wife by the laws of the Church. He therefore
married Fredegond, whom he subsequently put away also, and espoused a
Visigoth. To conclude, this scrupulous husband ended by taking Fredegond
back again.
There was nothing legal in all this, and it ought no more to be quoted
than anything which passed in Ireland or the Orcades. The Justinian
code, which we have adopted in several points, authorizes divorce; but
the canonical law, which the Catholics have placed before it, does not
permit it.
The author of the article says that divorce is practised in the states
of Germany, of the confession of Augsburg. He might have added that this
custom is established in all the countries of the North, among the
reformed of all professions, and among all the followers of the Greek
Church.
Divorce is probably of nearly the same date as marriage. I believe,
however, that marriage is some weeks more ancient; that is to say, men
quarrelled with their wives at the end of five days, beat them at the
end of a month, and separated from them after six weeks' cohabitation.
Justinian, who collected all the laws made before him, to which he added
his own, not only confirms that of divorce, but he extends it still
further; so that every woman, whose husband is not a slave, but simply
a prisoner of war during five years, may, after the five years have
expired, contract another marriage.
Justinian was a Christian, and even a theologian; how is it, then, that
the Church derogates from his laws? It was when the Church became the
sovereign and the legislator. The popes had not much trouble to
substitute their decretals instead of the civil code in the West, which
was plunged in ignorance and barbarism. They took, indeed, so much
advantage of the prevailing ignorance, that Honorius III., Gregory IX.,
and Innocent III., by their bulls, forbade the civil law to be taught.
It may be said of this audacity, that it is not creditable, but true.
Public-domain text, read in full here on John Shaqi.
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