Historia Amoris: A History of Love, Ancient and ModernSaltus, Edgar
Philosophy
Historia Amoris: A History of Love, Ancient and Modern
Saltus, Edgar
Love
To encourage her the Courts of Love authorized a form of contemplative
union in which lovers exchanged vows similar to those taken at the
investiture of a vassal. The knight knelt before the lady, put his hands
in hers and acknowledged himself her liegeman. The homage was formally
accepted. The knight received a kiss which was renewable every year. But
nothing more. In theory at least. Any further reward of fealty being due
to the sheer generosity of the lady who then was lord. The kiss however
was collectable. In the event of deferred payment action could be brought.
One was. By way of defence the defendant alleged that Mr. Danger was
present. Mr. Danger was the defendant's husband.[45]
These hymens of the heart, instituted by virtue of Article I, Causa
conjugii ab amore non est excusatio recta--Against love marriage is an
insufficient excuse--resulted in a sort of moral bigamy that was
sanctioned generally by custom, in Provence by the clergy, and which, like
marriage was contracted in the presence of witnesses. Gérard de
Roussillon, a mediæval writer, described a lady who while marrying one man
coincidentally gave a ring and promise of love to another. The proceeding
was strictly in accordance with the sentiment of the day which regarded
love as incompatible with marriage.
A case in point is contained in the reports of Martial d'Auvergne. A
knight loved a lady who could not accept his vows inasmuch as she loved
some one else. But she promised to do so if it so happened that she lost
the other man--a contingency which to-day would mean if he died or ran
away. Very differently the jurisprudence of the epoch interpreted it. The
lady married the man she loved whereupon the knight exacted fulfilment of
the agreement. Queen Eleanor, before whom the case was heard, decided in
his favor, on the ground, perhaps subtle, that the lady's husband, in
becoming her husband, became _ipso facto_, by that very act, amatorially
defunct.
In a case not similar but cognate, judgment rendered by the Countess of
Champagne was as follows: "By these presents we declare and affirm that
love cannot exist between married people for the reason that lovers grant
everything unconstrainedly whereas married people are obliged to submit to
one another. Wherefore shall this decision, reached prudently in
conformity with the opinion of many other ladies, be to you all a constant
and irrefragible truth. So adjudged in the year of grace 1174, the third
day of the calends of May, seventh indiction."
In another case Ermengarde of Narbonne decided that the addition of the
marriage tie cannot invalidate a prior affair, _nisi_--unless the lady has
in mind to have done with love forever.
Public-domain text, read in full here on John Shaqi.
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