Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
In the Second Chapter of the Gospel according to St. John we find that
Jesus was a guest at a marriage in Cana of Galilee. His attendance at the
wedding feast is not notable for His having on this occasion given the
marriage contract the character of a sacrament, for nothing in the record
even hints at this. The account is principally noteworthy as the history
of His first miracle, that of turning water into wine.
It was from the Fifth Chapter of the Epistle of St. Paul to the Ephesians
that the dogma that marriage is a sacrament was gradually evolved. In this
chapter the Apostle points out the particular duties of the marriage
status, and exhorts wives to obey their husbands, and husbands to love
their wives. "For this cause shall a man leave his father and mother, and
shall be joined unto his wife, and they two shall be one flesh."
However, the early Christian Church did not treat marriage as a sacrament,
although its celebration was usually the occasion of prayers and
exhortations.
It was not until the year 1563, by an edict of the Council of Trent, that
the oldest branch of the Christian Church, namely, that governed by the
See of Rome, required the celebration of marriage to be an essentially
religious ceremony.
The general marriage law of the European continent has been derived and
developed from the edicts of the Roman emperors and the decrees of the
Christian Church. This historical evolution is strikingly apparent when we
read the definition of marriage as given in the Institutes of Justinian:
_Nuptiae autem, sive matrimonium est veri et mulieris conjunctio,
individuam vitae consuetudinem continens_. Marriage is the union of a man
and a woman, including an inseparable association of their lives.
There are as many definitions of marriage as there are views concerning
it, but none of them improve very much upon that given in the Institutes.
It is also worth noting that the impediments to lawful marriage were very
nearly the same under the Roman Empire as they are to-day in most
civilized countries. The 18th Chapter of the Book of Leviticus appears to
have set the standard. There are three principal forms of marriage,
namely, monogamy, polygamy and polyandry. Monogamy, or the condition of
one man being married to but one woman at a time, appears to be not only
the best but the most ancient and universal type. It was, according to the
Bible, good enough for the first husband, Adam, for his only wife was Eve.
The first polygamist on the same authority was Lamech, who was of the
sixth generation after Adam, for he "took unto him two wives." Reading in
the First Book of Kings, we are informed that King Solomon had "seven
hundred wives, princesses, and three hundred concubines." A round
thousand. However, polygamy, or the marriage of a man to more than one
wife at the same time, was not the rule even among the ancient Hebrews.
Such a trial was left to kings and other luxurious persons.
Public-domain text, read in full here on John Shaqi.
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