History of European Morals From Augustus to Charlemagne (Vol. 2 of 2)Lecky, William Edward Hartpole
Philosophy
History of European Morals From Augustus to Charlemagne (Vol. 2 of 2)
Lecky, William Edward Hartpole
Ethics; Europe -- Moral conditions
As a part of the same movement, the purely civil marriage of the later
Pagan Empire was gradually replaced by religious marriages. There is a
manifest propriety in invoking a divine benediction upon an act which
forms so important an epoch in life, and the mingling of a religious
ceremony impresses a deeper sense of the solemnity of the contract. The
essentially religious and even mystical character imparted by Christianity
to marriage rendered the consecration peculiarly natural, but it was only
very gradually that it came to be looked upon as absolutely necessary. As
I have already noticed, it was long dispensed with in the marriage of
slaves; and even in the case of freemen, though generally performed, it
was not made compulsory till the tenth century.(763) In addition to its
primary object of sanctifying marriage, it became in time a powerful
instrument in securing the authority of the priesthood, who were able to
compel men to submit to the conditions they imposed in the formation of
the most important contract of life; and the modern authorisation of civil
marriages, by diminishing greatly the power of the Catholic priesthood
over domestic life, has been one of the most severe blows ecclesiastical
influence has undergone.
The absolute sinfulness of divorce was at the same time strenuously
maintained by the Councils, which in this, as in many other points,
differed widely from the civil law. Constantine restricted it to three
cases of crime on the part of the husband, and three on the part of the
wife; but the habits of the people were too strong for his enactments,
and, after one or two changes in the law, the full latitude of divorce
reappeared in the Justinian Code. The Fathers, on the other hand, though
they hesitated a little about the case of a divorce which followed an act
of adultery on the part of the wife,(764) had no hesitation whatever in
pronouncing all other divorces to be criminal, and periods of penitential
discipline were imposed upon Christians who availed themselves of the
privileges of the civil law.(765) For many centuries this duality of
legislation continued. The barbarian laws restricted divorce by imposing
severe fines on those who repudiated their wives. Charlemagne pronounced
divorce to be criminal, but did not venture to make it penal, and he
practised it himself. On the other hand, the Church threatened with
excommunication, and in some cases actually launched its thunders against,
those who were guilty of it. It was only in the twelfth century that the
victory was definitely achieved, and the civil law, adopting the principle
of the canon law, prohibited all divorce.(766)
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