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- Christensen-Nugues, Charlotte
(författare)
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Mariages clandestins dans la Suède médiévale: le témoignage des statuts synodaux
- 2014
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Ingår i: Medievales. - 0751-2708. ; 67, s. 169-186
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Tidskriftsartikel (refereegranskat)abstract
- According to medieval canon law, mutual consent was sufficient to create a valid marriage. A marriage contracted secretly could thus be perfectly valid. Such marriages, i.e. clandestine marriages, did however constitute one of the major problems in the marriage legislation of the medieval Catholic Church. This problem was particularly apparent at the local level and practically all synodal statutes in medieval Europe contain multiple prohibitions against such marriages. In this context, Swedish synodal statutes constitute an exception by the relatively modest place accorded to this problem. This article compares the references to clandestine marriages in Swedish and French synodal statutes, analyzes their differences and explores the Swedish legal tradition to determine possible explanations for them. Swedish secular laws contained detailed rules for the formation of marriage that guaranteed a certain publicity. This made clandestine marriages, in the sense of marriages contracted secretly without witnesses, relatively scarce. Swedish synodal statutes reflect this situation, shows the implications of the Swedish matrimonial tradition, and how canon law was adapted to the Swedish context.
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- Christensen-Nugues, Charlotte
(författare)
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Parental Authority and Freedom of Choice: The Debate on Clandestinity and Parental Consent at the Council of Trent
- 2014
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Ingår i: Sixteenth Century Journal. - 0361-0160. ; 45:1, s. 51-72
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Tidskriftsartikel (refereegranskat)abstract
- After a long debate the Council of Trent decided, in 1563, against the validity of marriages contracted informally, without a public ceremony. Marriages without parental consent, however, remained valid. These decisions are frequently described as a pragmatic compromise, where one controversial reform was rejected in favor of another, equally controversial. Yet there was, as this article will show, a significant difference in how the delegates addressed the questions of publicity and parental consent. While the discussion of the former mostly concerned how (not if) a reform could be carried out, the discussion of the latter concerned the very principle of mandatory parental consent. The ensuing debate reflects the clash between two opposing views of marriage in sixteenth-century Europe: on the one hand, the couple-oriented, consensualist conception of classical canon law; and on the other, the family-oriented conception of both Protestant and Catholic reformers with its emphasis on order, stability, and parental authority.
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- Christensen-Nugues, Charlotte, et al.
(författare)
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Tvång och rädsla som äktenskapshinder. Tomás Sánchez De sancto matrimonii sacramento
- 2010
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Ingår i: Dygder och laster. Förmoderna perspektiv på tillvaron. - 9789185509447 ; , s. 78-94
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- According to medieval canon law, a marriage could be declared invalid if the consent had been given through force or fear. This ruling was a natural consequence of the insistence on free consent as the only requirement for a valid marriage. It did, however, entail a number of both practical and theoretical problems. It could be difficult to prove force and fear within the family, but also to define what should count as sufficient force and fear to render a marriage invalid. In this article I examine the post-Tridentine discussion of force and fear as impediment to marriage, with special focus on Tómas Sánchez and his very influential De sancto matrimonii sacramento from 1603. A key element in Tómas discussion of force and fear is the relationship between parents and children, and how it influences the freedom of consent. How should force and fear be assessed in to relation to the "reverential fear", timor reverentialis, that children feel (and ought to feel) towards their parents, and how can filial duty be combined with their right to free choice in marriage?
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