_Marriage-Prohibitions in Past Times._--The marriage-prohibitions
of former times may be classified under two heads, ecclesiastical
and civil. The leading principle of the canon law of marriage is
the limitation to monogamy of the permissible forms of the sexual
relationship. More strictly, indeed, we may say, the limitation to
ecclesiastical marriage. Marriage is a sacrament, and therefore
indissoluble; it conforms to ecclesiastical law only when certain
formalities have been observed, and when no ecclesiastical
prohibition has been infringed (differences in religious belief,
broken vows, &c.).
Civil marriage prohibitions date chiefly from the seventeenth
and eighteenth centuries. They owe their origin to the fear lest
parents should allow their offspring to become chargeable to
the community, and especially to the poor-law authorities. Such
marriage-prohibitions, of course, concerned chiefly the lower classes
of the population, and especially mendicants, prostitutes, persons
in receipt of poor relief, persons of disorderly life, offenders
against the criminal law. A marriage concluded in defiance of such
prohibitions involved the deprivation of certain legal rights, and
also rendered the offenders liable to punishment.
To-day, in the sphere of marriage-law, ecclesiastical law has largely
lost significance, and continues to lose what little it still
possesses, so that its marriage-prohibitions are coming to possess
little more than historical interest. The civil marriage prohibitions
were repealed in the nineteenth century, because they were found to
have no other effect than to increase the number of illegal unions
and the births of illegitimate children, and because they merely
increased the burdens upon the poor-law. Even in the nineteenth
century, however, certain political parties--the Conservatives, for
example--desire that these civil prohibitions should be reintroduced,
but in this form, that the marriage of persons actually in receipt
of poor relief should be forbidden, or that persons belonging to
the lower classes should be allowed to marry only when able to
demonstrate the possession of a small capital.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account