The Evolution of Marriage and of the FamilyLetourneau, Ch. (Charles)
Science
The Evolution of Marriage and of the Family
Letourneau, Ch. (Charles)
Families; Marriage
From its origin Christianity combatted the morals called pagan, which
name even was a reproach. Abandoning the modest reality, it lost anchor
from the first, and was drowned in a sea of dreams. Marriage, instead
of being simply the union of a man and a woman in order to produce
children, became mystic; it was the symbol of the union of Christ
with his church; it was tolerated only, and the church especially
condemned divorce. Nevertheless, custom and good sense held out a
long time against ecclesiastical unreason, and it was very slowly, in
the twelfth century only, that the civil law prohibited divorce.[805]
St. Jerome had allowed, as did afterwards the Christians of the East,
that adultery broke the bond of marriage as well for the woman as
the man, which is simply just; but this sentiment was condemned and
anathematised by the Council of Trent,[806] which thus returned,
contrary to the opinion of Papinian and the ancient jurists, to savage
customs, which make the wife the slave, and not the companion, of her
husband.
Among the Germans and the Scandinavians, the man alone had the right
of repudiation according to the almost universal usage of barbarous
peoples; however, divorce by mutual consent was tolerated.[807] The
Salic law also permitted divorce, and we find in Marculphus the form
of an act of divorce by mutual consent. “The husband and wife, such
and such a one, seeing that discord troubles their marriage and that
love does not rule in it, have agreed to separate, and leave each other
mutually free, without opposition from either party, under pain of a
fine of one pound.”
The pagan Irish had rendered divorce useless by instituting marriages
of one year, at the end of which the wife could be repudiated by the
temporary husband and even ceded to another for a fresh year. These
experimental marriages were made or unmade, sometimes on the first of
May, and sometimes on the first of November of each year.[808]
Repudiations at the will of the husband are still in use among the
Tcherkesses of the Caucasus, whose customs have more than one feature
in common with those of our ancestors of barbarous Europe. With them
the husband can repudiate in two manners: either by sending away
his wife in the presence of witnesses, and leaving the dowry to the
parents, which implies the liberty to marry again for the repudiated
wife; or by simply driving the wife away, and then he can recall her
again during one year.[809]
Public-domain text, read in full here on John Shaqi.
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