Mariage de convenance

“ HE Contract between a Man and Woman, which we call the Marriage Covenant, is mutual and reciprocal, the Obligations on either Side are equal, and the Weights they carry with them is equally obligatory. ”

“ Many men continue for a [Pg 305] long time, to support both establishments—particularly if their legal marriage is one de convenance. But many others form so strong attachments, that the relation is never discontinued, but becomes, indeed, that of marriage, except that it is not legalized or solemnized. ”

“ Marriages are contracted in most instances without either party having seen the other, the agreement being entirely on the part of the parents of the bride, and the bridegroom, the consent of the females never being asked. ”

“ Introduction.—The law of England regards marriage as a contract, a status and an institution. As a contract it is in its essence an expressed consent on the part of a man and woman, competent to make the contract, to cohabit with each other as husband and wife, and with each other only. ”

“ Another peculiarity in connexion with marriage is that an agreement, to the effect that either husband or wife may divorce the other whenever he or she has become averse to continuing as the other’s partner, is acknowledged as a legitimate condition of a matrimonial contract. ”

“ CXLII. The essence of Marriage is consent. Ceremonials merely publish the fact; wherefore it should be the law of every land that he who finds a woman worth seducing, and does it, should, by that act alone, he compelled to maintain and acknowledge her as a lawful wife, unless she sees fit to waive her undoubted right to claim and hold him as a husband. ”

“ A wife ought, in my opinion, to share the good and evil fortunes of her husband. I have heard that young married people who love like lovers, do not want children? Is pleasure the only object of marriage? I say that object should be the joys of family. Moreover, in this case—I am afraid you will think me too much of notary—your marriage contract made it incumbent upon you to have a son. Yes, monsieur le comte, you ought to have had at once a male heir to consolidate that entail. ”

“ You have proved that your loyalty as a lover is no less perfect than your gallantly as a soldier; and all I shall regret, in signing your marriage contract, is, that your bride will not bring you as noble a fortune as you once expected. My consent to your marriage is fully given; there is only the approbation of one other person to be asked. ”

“ In talking of property, I found that Madame Evangelista gives nothing of her own to her daughter. Mademoiselle Natalie's dowry is her patrimony. Marry her, my dear boy. Men who have a name and an estate to transmit, a family to continue, must, sooner or later, end in marriage. ”

“ The hands of the bride and groom are tied together with a thread of wool, the customary emblem of the union into which they have now entered. The marriage contract is clearly read before the assembled company, and the witnesses make their mark upon the soft tablet, the dowry and other presents are given over. Prayer is made to the proper gods for the happy pair, and curses are invited upon any who shall undertake to annul the covenant or revoke the gifts. ”

“ People would believe more simply in His ordinance, instituted “from the beginning”—not the mere outward ceremony of a wedding; but the love which draws together man and woman, until it makes them complete in one another, in the mystical marriage union, which, once perfect, should never he disannulled. ”

“ Any marriage to be legally binding had to be accompanied by a duly executed and attested marriage-contract, and without this necessary preliminary a woman was not regarded as a wife in the legal sense. ”

“ The old manus-marriage certainly supposes great confidence of the wife and her parents in the fidelity of the husband, while the marriage law of the time of the emperors relating to estates never lost sight of the possibility of divorce. ”

“ The matrimonial conventions of the parties must be made before marriage; but the husband, during marriage, may convey to the wife property to replace that which may have been alienated by him, as was done in this case. ”

“ You are to be married by civil ceremony because the priests won't give you any other! They don't understand, and they never will understand; just as you will never understand, Mamma Porredda. What is marriage, after all? It is a contract made between men, and binding only in the sight of men. ”

“ If one of the faithful hath a concubine, if she be a bond-servant, let him leave off that way, and marry in a legal manner: if she be a free woman, let him marry her in a lawful manner; if he does not, let him be rejected. ”

“ If the negotiations go off smoothly, the marriage contract is written, presents are exchanged between the engaged couple, through their respective parents, and all that is left the girl of her maidenhood is a period of busy preparation for the wedding. ”

“ Of old, the modes of getting a wife were the same as those of acquiring any other species of property, and they are not materially changed at the present time. It is enough that the man and woman say to each other, ‘From this time we are married,’ or, ‘You are now my wife,’ or, ‘my husband,’ as the case may be. The mutual consent is all that is necessary. In fact, you may contract marriage as you contract to lend a sum of money, or to buy the merest trifle. ”

“ Every marriage, for a thousand reasons, should be public, should be recorded, should be known; but, above all, to the end that the purity of the union should appear. These ceremonies are not only for the good and for the protection of the married, but also for the protection of their children, and of society as well. But, after all, the marriage remains a contract of the highest possible character—a contract in which each gives and receives a heart. ”

“ None but some approved minister or justice of the peace within this Province, or some chief officer, where such are not, shall be allowed to marry or admit of any to join in marriage, in their presence ”

“ Ehe, 8 ff.; Geffcken, Ehescheidung vor Gratian, 10 n. 4, who cites other authorities; Wächter, Ehescheidungen bei den Römern, 28 ff.
[13] Whether the confarreatio or sacramental marriage was originally indissoluble even for the man is uncertain; but later it could be dissolved by diffareatio: Geffcken, Ehescheidung vor Gratian, 11; Sohm, Institutes, 381; Fustel de Coulanges, Ancient City, 60; Thwing, The Family, 37; Glasson, Le mariage civil et le divorce, 174, 179; Rossbach, Die röm. Ehe, 128 ff.; and Esmein, Mélanges, 17 ff., who believes at first confarreatio was indissoluble. ”

“ A reminiscence of the ancient custom of marriage by purchase survived in the price paid by the bridegroom to the relatives of the bride; all clandestine alliances were considered invalid; a woman could sue, and be sued, without joining with her husband ”

“ Of all the revolutionary suggestions for improving the present marriage system, the most sensible and feasible seems to me marriage ‘on approval’—in other words, a ‘preliminary canter.’ The procedure would be somewhat as follows: a couple on deciding to marry would go through a legal form of contract, agreeing to take each other as husband and wife for a limited term of years—say three. ”

“ When a man and woman enter into matrimonial contracts, and covenant to be each other’s companion until death, they have claim upon each other for this life only; when death comes, their marriage contracts and covenants expire; and in the resurrection, however much they may desire to enjoy themselves in all the endearing relationships of husband and wife, they will find that their contracts and covenants which were made for time only, give them no title to each other in eternity. ”

“ Hist., I, 53 ff.
[938] Earle, "Among Friends," New Eng. Mag., Sept., 1898, 20. "Courtship and marriage were closely hedged around. Friends were enjoined against proposing marriage without the consent of the meeting, against marrying any but a Friend, against 'keeping unreasonable company' with any woman not a Friend; against going to weddings of any who marry out of meeting; against being 'married by a priest.' They were enjoined also 'to be clear of one before being concerned with another,' in an engagement of marriage. Widows and widowers were reminded not to marry again too swiftly ”

“ But if a man marry a woman without binding himself by such a contract, or if he marry her with an understanding that he can marry others when he things proper so to do, then there are no rights of the first wife taken away, nor no contracts broken. ”

“ On the day appointed for the wedding, the young people, who have not yet seen each other, choose each of them a deputy, who exchange hands on their behalf, and thus the marriage rite is accomplished. The day is spent in merriment, and in the evening the bride is veiled, and escorted by a troop of women to the conjugal abode, where she sees her husband for the first time. ”

“ Between the moment when the last symptoms appear, and the epoch of conjugal peace, which we will not stop to discuss, almost a dozen years have elapsed. During this interval and before the married couple sign the treaty which, by means of a sincere reconciliation of the feminine subject with her lawful lord, consecrates their little matrimonial restoration, in order to close in, as Louis XVIII said, the gulf of revolutions, it is seldom that the honest woman has but one lover. ”

“ Again, when a marriage is contracted between a man of noble blood and a woman of humble rank, or vice versâ, with the definite understanding that they shall share each other’s good and adverse fortune, their property in case of divorce is to be divided between them according to their faithfulness or guilt, and their amount of mutual presents at the time of union. ”

“ If a man desire to betroth a maiden or a widow, and it so be agreeable to her and her friends, then it is right that the bridegroom, according to the law of God, and according to the customs of the world, first promise and give a 'wed' to those who are her 'foresprecas,' that he desire her in such wise that he will keep her, according to God's law, as a husband shall his wife: and let his friends guarantee that. ”

“ How plain it is that you have never realized the force of the word indissoluble as applied to the contract binding man and woman! I have no wish to controvert what has been laid down by philosophers or legislators—they are quite capable of doing this for themselves—but, dear one, in making marriage irrevocable and imposing on it a relentless formula, which admits of no exceptions, they have rendered each union a thing as distinct as one individual is from another. ”

“ The future husband and wife are not even informed. In theory, at least, "their sentiments, their desires and antipathies, are not taken into consideration." When all is carefully specified, the contract of sale is legally completed before witnesses; but the bride is not delivered to the bridegroom until after the ceremony of marriage, which takes the form of symbolical capture. ”

“ The very fact that any plan was devised to afford a legal and decent mode of entering into the marriage contract, certainly implies that the moral sense of the community revolted at general concubinage. ”

“ And this is so, although divorce is always easy and by mutual consent; a couple being able to separate at once if they are dissatisfied with each other. Here are facts that may well cause us to think. As for the courtship, the usual custom is reversed; when a girl is disposed to marry she does not wait for a young man to propose to her, but selects one to her liking, and then consults her family as to his suitability as a husband. The suitor has to serve the bride’s family before he can be accepted, and in some cases the conditions are binding and exceedingly curious. ”

“ In England both church and state kept tinkering the Marriage Laws. In 1603 the Convocation for the Province of Canterbury declared that no minister shall solemnise matrimony without banns or licence upon pain of suspension for three years. ”

“ To sign such a contract is to fling one's self into the river, bound hand and foot. You wish to make your daughter happy, do you not? If she loves her husband, a fact which notaries never doubt, she will share his troubles. ”

“ And if she shews any Refractoriness, there are Ways enough to humble her; so that by Right or Wrong the Husband gains his Will. For Covenants between Husband and Wife, like Laws in an Arbitrary Government, are of little Force, the Will of the Sovereign is All in All. ”

“ As a rule, the woman dowers the husband with her youth, her beauty, her love—with all she has; and from this contract certainly the husband should never be released, unless the wife has broken the conditions of that contract. Divorces should be granted publicly, precisely as the marriage should be solemnized. Every marriage should be known, and there should be witnesses, to the end that the character of the contract entered into should be understood ”

“ Whenever my mother sees a girl who appears good-looking to her she makes up her mind that that very girl must become her daughter-in-law. If polygamy were still in vogue, she would have had half a dozen daughters-in-law by this time. Don't let that disturb you further. I am asking for a reply to my appeal."
What could I say? Was I not his, body and soul? How could I tell him that I was to become the wife of another? At last I replied timidly, hardly knowing myself how I came to say it:
"I am engaged. Father has already settled my marriage." ”