Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-10-26

to nation in the course of modern jurispru-
oence. In Europe, and thence to America.
it came as an inheritance from Roman law,
through the medieval church or canon law.
In'the leading nations of Europe the Ro-
man law has been so modified by statute as
to give system of marriage celebration
conducive to the protection of individuals
and to the stability of society. In the
United States, however. there has been,
not progress, but retrogression; and to-day
our common law is looser than was the law
even in later Rome. Among the early Ro-
mans the celebration OF marriage was a SOL
emn religious ordinance. 1t could take
place only when the divine approval had
been obtained through the auspices. When
these were favorable, and the time arrived,
the priest in the presence of ten witnesses
sacrificed an OK, and in 4 set form of words
divided between the man and the woman a
cake of wheaton bread, as an emblem of
life in common. This ceremony was at first
the only nuptial rite, and was open only to
the patricians, or aristocratic class. For
long time the marital union of the depend
emit class, or plebeians, was not recognized as
legal marriage. But as that class of citi-
ZenS increased to a great extent, they IN
process of time obtained for themselves
modified form of marriage ceremony, which
was counted legal.
As the wife was regarded as but the
chattel of the husband, it was provided that
she might be acquired like any other chat
tel-by purchase. Thus the bridegroom by
a symbOlical purchase-no money actually
passed-acquired the right Of his wife's
person. This, however, had to be in the
presence of five witnesses. Afterwards 1t
became custom that if {; man and woman
lived together as man and wife uninter-
ruptedly for a year the marriage state
arose. But in each of these cases it was
ma 70 nn tpIt r1n nj
ents of the woman before the marriage
could be coDsummated. This was known
as the strict marriage of the early Roman
law. From this there was a great retro
gression in Justinian'S time. Marriage,
which was at first a solemn religious ordi-
nance, and then 4 quaSi-mercantile trans
action, though still attended with public
celebration. became in the time of Justinian
nothing more than a private bargain, re-
curing merely the consent of the parties
and of their respective parents, but having
no civil contract and requiring no cere
mony, either civil or ecclesiastical.
When Catholicism obtained "a strong foot
hold il adopted the Roman law of JuStinian
as the canon law of the church. but in do
ing SO omitted one important particular.
The Roman law had always required the
consent of the parents as necessary to con-
stitute marriage. In the canon law of the
church, however, this consent was not re-
quired, and all that was necessary was the
consent of the parties themselves. The re-
quirementS of the church were soon adopted
as those of the state, and hence b. the gen
eral law of Western Europe, from the
Thirteenth century to the middle of the
Sixteenth, merely the consent of the par
ties made them husband and wife. But
Europe has seen the evil of these lax laws
and corrected them, as we will find further
on. W. +. LLOYD.
Fort Worth. Tex.