A Short History of Women's Rights: From the Days of Augustus to the Present Time. with Special Reference to England and the United States. Second Edition Revised, With Additions.Hecker, Eugene A. (Eugene Arthur)
History
A Short History of Women's Rights: From the Days of Augustus to the Present Time. with Special Reference to England and the United States. Second Edition Revised, With Additions.
Hecker, Eugene A. (Eugene Arthur)
Women's rights -- History
The most important effect of the canon law was on marriage, which was
now a sacrament and had its sanction not in the laws of men, but in the
express decrees of God. Hence even engagements acquired a sacred
character unknown to the Roman law; and when a betrothal had once been
entered into, it could be broken only in case one or both of the
contracting parties desired to enter a monastery.[374] Free consent of
both man and woman was necessary for matrimony.[375] There must also be
a dowry and a public ceremony.[376] The legitimate wife is thus
defined[377]: "A chaste virgin, betrothed in chastity, dowered according
to law, given to her betrothed by her parents, and received from the
hands of the bridesmaids (_a paranimphis accipienda_); she is to be
taken according to the laws and the Gospel and the marriage ceremony
must be public; all the days of her life--unless by consent for brief
periods to devote to worship--she is never to be separated from her
husband; for the cause of adultery she is to be dismissed, but while she
lives her husband may marry no other." The blessing of the priest was
necessary. About every form connected with the marriage service the
Church threw its halo of mystery and symbol to emphasise the sacred
character of the union. Thus[378]: "Women are veiled during the marriage
ceremony for this reason, that they may know they are lowly and in
subjection to their husbands.... A ring is given by the bridegroom to
his betrothed either as a sign of mutual love or rather that their
hearts may be bound together by this pledge. For this reason, too, the
ring is worn on the fourth finger, because there is a certain vein in
that finger which they say reaches to the heart."
[Sidenote: Clandestine marriages.]
Clandestine marriages were forbidden,[379] but the Church always
presumed everything it could in favour of marriage and its
indissolubility. Thus, Gratian remarks[380]: "Clandestine marriages are,
to be sure, contrary to law; nevertheless, they can not be dissolved."
The reason for forbidding them was perfectly reasonable: one party might
change his or her mind and there would be no positive proof that a
marriage had taken place, so that a grave injury might be inflicted on
an innocent partner by an unscrupulous one who desired to dissolve the
union.[381] Yet the marriage by consent alone without any of the
ceremonies or the blessing of the priest was perfectly valid, though not
"according to law" (_legitimum_), and could not be dissolved.[382] Not
until the great Council of Trent in 1563 was this changed. At that time
all marriages were declared invalid unless they had been contracted in
the presence of a priest and two or three witnesses.[383]
[Sidenote: Protection to women.]
Public-domain text, read in full here on John Shaqi.
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