St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1879-06-06
Queer Marriage Laws in France.

In these days when people of differ
ent countries intermarry il good deal it
is useful that everybody should know
how far marriage contracted in one
land is valid in another. Not long
since. young Frenchman who had got
married in America gave his Yankee
wife the slip, and returning to France,
entered into wedlock anew with one of
his own cOuntrywomen. The first wife,
who had fastened to Paris in pursuit,
instituted suit for restitution of con-
jugal rights, and at the same time pre-
ferred a criminal charge of bigamy; but
both actions failed because it was al
legged that the Frenchman had not dis
charged before his American marriage
all the fOrmalities which the law of his
country requires. He should in the
first place have obtained leave to mar
ry, in writing, from his parents; in the
next, he should have caused his banns
to be published at the marie of his ma
tive commune and thirdly, he should
have had his wedding solemnized and
registered in one of the French Consul
lates of the United States. All this is
rather troublesome, and one can under
stand that good many expatriated
Frenchmen-especial those who are
political exiles-shOuld prefer to get
married according to the simpler meth
DDS established among the English
speaking races; nevertheless, when
they do this they infiict wrong upon
the woman whom they espOuse, for the
children of irregular foreign marriages
are not regarded as legitimate in
France, and cannot claim to inherit
there. Some cases of great hardship
have resulted from this state of things.
A FIenchman who had made his for
tune in New York returned to France
with his wife and four grown-up chill
dren. 1t had never occurred to him to
doubt that his marriage was valid, and
consequently he took no steps to have
it solemnised afresh, as he ought to
have done. But when he was dead
horde of cousins and nephews started
up To dlsPuto hie iuhor ib"uoo, onI, ho~
ing got his marriage declared void by Il
Court of First Instance, obtained Il
judgment which gave them twO-thirds
of the deceased's property. The other
third was reserved for the ''illegiti-
maten wife and children by decision
which partook more of equity than of
law, and which the Court of Cessation
"a by no means sentimental tribunal
soon after quashed. Whether the cous-
ins and nephews gave the despoiled
family any money afterwards, or laugh
ed heartily at seeing them pay costs, |
cannot say.
French marriage laws belong to an
antiquated state of society which was
misruled for a long time by the clergy.
1t is absurd, to begin with, that IL man,
of no matter what age he may be,
should he obliged to ask permission of
his parents to wed, or if his parents be
dead, of his grandfather and grand
mother. Until a man is twenty five
| this permission cannot at all be dis
pensed with. After that age he may
serve his unwilling parents Tor grand
mother) with three respectful sum-
mons" at intervals of IL fortnight from
each other, then he is said to have ac-
complished all that duty requires, and
the mayor gives him leave to 'pasSer
Outre,n or go ahead. Women are more
tavOured than men in being empowered
to serve respectful summons" as soon
as they have reached the age of twenty
one, but SO much social reprobatiOn at
|
formed with full parental consent, that
speaking in general way it may be
said that parents have a despotic power
to impede the matrimOnies of theil
children. If M. Gambetta were to be.
come President of the Republic and de.
sired to marry he would be obliged tC
ask leave from his father, and suppos
ing, for arguments sake, that this leave
weIe denied him, he would have to re-
main single, seeing that it would cause
too great scandal if person in hi:
position were to divulge family quar-
rel by sending ''respectful summons
through the medium of public notary
In France banns are put up at the mai
ries, not in the churches, though som,
people go through the form of having
themselves ''askedn in church too fo
conscience's sake. The banns are pub
lished by means of notice posted ol
the doors of the mairies, and they mus
remain exhibited full fortnight; the!
set forth the name, age, profession, ant
birthplace of the intending bride o
bridegroom, and they are drawn up il
the cOmmunes where the parties reside
from certificates furnished by the may
Ors of the cOmmunes where they wer
born. In fact, man about to MARI,
must produce his certificate of birth an,
his "acte de liberation" setting fort
that he has drawn at the conscriptiOn
and either served his time or been dul
exempted as the case may be. If b
wants to be married in church as wei
as at the Marie there are more formal
ities, for he must exhibit to the cure hi
certificates of baptism and first commu
MON, together with "billet de confes
sion," certifying that he has within fiji
; teen days of the intended ceremOn
presented himself to a priest, made
} full confession of his sins, and obtaine
absolution. Most people go through
double wedding, at the marie and th
church, though the civil rite only
. binding and some years ago, whe
/ Protestants and Catholics intermarrieG
2 two religious ceremonies had to tax
s place. Of late years the Roman CathC
g lie clergy have laid an interdict o
: mixed marriages.
The question has often been moote
|, in France as to whether a priest wh
E has renounced his vows can get maj
e ried eivilly. Some months ago til
Court of Cessation, basing its judl