Women Under Early Christian Law. Advent to the Octave of Epiphany, and between Septuagesima and the Octave of Easter, and within fourteen days of the fes tival of Saint John Baptist, upon fast days and the vigils of solemn festivals. Women in the primitive Christian times had an advantage over their sisters of to-day in that they had two sets of ceremonies for each marriage, the espousal or betrothing, and the actual wedding. At the espousal the mutual consent of the parties was given; this was confirmed with gifts — the earnest of marrying — called a1rae et arrabones, and by a rirfg, a kiss, and the execution of an instrument before witnesses stating the dowry. The old Roman law "Lex Papia et Julia" confirmed by Diocletian and Justinian, shows that while children could not marry without the consent of their parents, yet they could not be compelled to wed contrary to their own inclinations. A virgin betrothed under ten might refuse to complete the marriage, without any forfeiture being incurred; if she was betrothed between ten and twelve and afterwards refused to marry, her parents might be amerced but she was free, as she was under age at the betrothal; if she was above twelve when espoused and had then approved of the contract, she was fined if she refused to complete the agreement. Espousal gifts generally were only given by the man, but a law of Constantine shows that the woman sometimes gave them, for it provides that if either party died before marriage the gifts should return to her or her heirs. To pre vent accidents caused by death, or by the falseness or perfidiousness of either party, the law required that these donations be tes tified by public acts and entered of record, unless they were very small. The man also gave his intended a ring as a further token of the contract, in this fol lowing the practice of the old pagan Romans
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and of the Jews; the man had also to give the woman a kiss (according to the laws of Constantine) and the right hands of the couple were joined. A statement of the dowry to which the bride was to be entitled on her husband's death was then set down in writing. All this was done before at least ten witnesses, so that there might be nothing clandestine about it. After the epousals neither party could marry any other person without incurring severe penalties — which both the civil and ecclesiastical law inflicted — unless the time of marriage was improperly postponed for more than two years. The council of Trullo held it to be downright adultery for a man to wed the betrothed of another, during the life of that other. The ceremony of epousals was not neces sary in every case; Theodosius, in his code, declares that without if the marriage would be good and the children legitimate, if the union was between persons of equal rank, without legal impediment, with the consent of the parties, and the approbation and tes timony of friends. Justinian, in one of his novels, ordered the greater dignitaries, the senators and men of high rank not to marry without settling the dowry and ante-nuptial donations, and complying with the other ceremonies; the better sort of military men, tradesmen and men of honorable professions, had only to arrange as to the dowry and to marry publicly, and have their unions re corded; while as' to husbandmen, common soldiers, and those of the baser sort, their marriages were legitimate if performed be fore witnesses, without any instrument in writing. " Yea, if such a one took a woman for his wife upon oath, touching the Holy Gospels, whether in the church or out of the church, the marriage was valid," if the woman could prove it; and after the man's death she could claim one-fourth of his substance
