The real inquisitor
By Gary Macy
Medieval canon law is not
usually the first institution that springs to mind when one thinks of great
advances in the rights of women. However, it was precisely this unlikely source
that insisted that women must have the right to consent to their own marriages
in an age that understood matrimony as a financial and political alliance
arranged by families.
A minor revolution occurred in the 12th century when canon
law deemed that two people were married when they exchanged mutual
consent to marry, provided they were free to marry, their consent was voluntary
and it was given in the present tense. No registration, no license, no prior
announcement, no witnesses, no wedding ceremony -- none of these were necessary
for a valid marriage (to quote the leading scholar in the field). And the
lawyers meant it; law texts make it absolutely clear that a daughter cannot be
given in marriage against her will. As you might guess, this made clandestine
marriages very popular with young lovers and drove parents crazy (one thinks of
Abelard and Heloise or even Romeo and Juliet). One result of this odd custom of
respecting womens (and mens) right to marry whom they choose was
the strange cultural tick of marrying for love. An interesting experiment
started in part because of medieval canon law! Time will tell if it actually
works.
Gary Macy is a theology professor at the University of
San Diego. |