The Lady of the Isle : $b or, the Island PrincessSouthworth, Emma Dorothy Eliza Nevitte
General
The Lady of the Isle : $b or, the Island Princess
Southworth, Emma Dorothy Eliza Nevitte
American fiction -- 19th century
“We might commence, your worship, by contesting the legality of these
proceedings, from the moment of the issuing of the warrant, in itself
informal, as not containing the name of the accused, which is not
Estelle L’Orient, but Estelle Viscountess Montressor. But we choose to
rest our defense, not upon a mere verbal form, but on the deepest and
firmest foundations of justice and truth. We shall therefore commence by
denying _ab initio_ and _in toto_ the validity of the alleged marriage,
said to have taken place in the chapel of St. Etienne, in the city of
Paris, showing the same to have been a felonious act, the result of a
conspiracy, in which my client was not principal or party, but victim—a
crime punishable by the statute laws of France with fine and
imprisonment. I shall show that, dating from the edict of the _14th of
Henry II._, the statute laws of France forbid the marriage of a minor
without the knowledge and consent of her parents or guardians, and
vacate such marriage, so contracted, as illegal, invalid, and of none
effect.”[1]
Footnote 1:
In the old chronicle of the Kings of France from Pharamond to Henri
Quatre, written by the Sieur de Mezerai, occurs this paragraph, which
is curious as the origin of the statute affecting the marriage of
minors in France. The date is 1557 of our Lord, and 10 of the reign of
Henry II.
“One cannot too often, or in too large characters, make mention of a
couple of Edicts which were made this year: The one, to retrench the
abuses of Clandestine Marriage, vacated all Marriages made by the
Children of any Family without the consent of their Father and Mother,
unless the Sons when they contracted were above Thirty years of Age
and the Daughters above Five and Twenty. And to put the stronger curb
on the amorous fancies of young, giddy People, they added the penalty
of Disinheritance. The particular Interest of the Constable (De
Montmorenci) procured this Edict. His eldest son had engaged himself
with the Damoiselle De Pienne, a very beautiful Woman and of a good
House, by verbal Contract: the Father desired to disengage him from
her, to match him with the King’s natural daughter, the Widow of
Horace Farnese.”
Public-domain text, read in full here on John Shaqi.
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