“La philosophie stoïcienne et le christianisme,” says M.
Koenigswarter, “qui hâtèrent le développement des principes d’égalité,
furent surtout favorables aux fils de famille et aux femmes.”[1464] The
influence of Christianity shows itself in Teutonic legislation as well
as in Roman. An edict of Clothaire I. in 560 prohibited the forcing
of women to marry against their will;[1465] although a Council held
at Paris three years earlier expressly required the consent of the
parents also.[1466] According to the laws of Cnut, no woman or girl
could be forced to marry a man whom she disliked.[1467] The Swedish
‘Westgöta-lag’ permitted a woman to dissolve a marriage which had
been contracted without her consent;[1468] and similar privileges were
granted to her in the ‘Uplands-lag’[1469] and certain other Teutonic
law-books.[1470] Later on, the ‘Schwabenspiegel’—a faithful echo of
canonical ideas—says, “When a young man has completed his fourteenth
year, he can take a wife without the consent of his father.... At
twelve years, a maiden is marriageable; and the marriage subsists, even
if contracted in spite of her father, or other relatives.”[1471] A
similar privilege, during the Middle Ages, was granted to German women
in general.[1472] But the feelings of the people seemed to have been
opposed to it, and required the consent of the parents. Thus Ulrich von
Lichtenstein says in his ‘Frauenbuch,’ “A girl who has no parents
should follow the advice of her kinsfolk; if she gives herself to a man
of her own accord, she may live with shame.”[1473]
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