Marriage in Western Europe

Mar 25, 2013 18:42

I had a discussion with a friend last night and we disagreed about the Catholic Church and Marriage in history. She held that marriages had to involve the church, as as it is a sacrament. Whereas I held that the Church was not involved in marriage for most people.

Since I had a bit of time, I did some research.



While marriage has been called a sacrament since early church times (110 is the year I found) it was not 1547 that the sacraments were codified in Canon Law. The early church thought it better to stay single and chaste. Marriage was discouraged, rather than encouraged as it had been under Roman rule. The church created ceremonies for Baptism and the Eucharist, but the first documented Christian ceremony is from the 9th century and follows the Roman marriage ceremony. The lack of a definitive ceremony for Marriage bespeaks it's lack of importance.

Prior to the 12th century the church did not involve itself in marriage issues such as divorce, serial polygamy and the keeping of mistresses or concubines. It is only at that point that the church starts to insist on priestly celibacy, church regulation of marriage and primogeniture.

In the first millennium of the Christian era marriage was an agreement between two people who only needed say "I marry you" to each other. The presence of witnesses or priests was not required. While Churches in the Middle Ages registered marriages, it was not required to be registered for the marriage to be valid.

It was the Council of Trent in 1547, called in reaction to the Protestant Reformation, that declared that marriages must be performed before the parish priest or a priest designated by him, with at least two or three witnesses. This was designed to deter mixed marriages. Even with this ruling, in English Common Law (and later American law) there was the "common law marriage" where no ceremony or vows were involved. Simply living together for a stated period of time gave a man and woman this designation.

It wasn't until the 1700s that the "Benedictine dispensation" was given by Pope Benedict XIV for marriages in Belgium and the Netherlands that mixed marriages were counted as valid by the church, as long as they followed civil laws. This dispensation was granted to other countries, but not broadened to the whole church. Pope Pius VI gave permission for such marriages to happen in Austria only if they were performed in the presence of a priest without 'religious solemnity' or the reading of the banns. Not really an encouragement. A ruling in 1908 required a priest and witnesses to be present for any marriage for a Catholic, regardless of the religion of their spouse.

It is important to remember for most of European history, marriage was seen as an agreement or contract giving a woman and her goods from her father to her husband. The woman had no rights and was seen as chattel. The marriage could be used to further a business venture or secure political backing. It is not until Vatican II in the 20th century that the Catholic Church defined marriage as anything other than being for the purpose of procreation and to prevent men from sleeping around. In both Church and Civil law a wife's duty was to bear her husband sons and obey him in all things. Admittedly this is gentler than the old Roman laws which gave a husband the right to kill his wife or child.

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