Sec. 3. The marriage contract— "Pro. If thou dost break her virgin knot before all sanctimonious ceremonies may, with full and holy rite be ministered, No sweet aspersion shall the heavens let fall to make this contract grow.' 791 To guarantee deliberation and preserve the positive evidence of such an important transaction, the laws of most civilized countries require certain forms in the celebration of the marriage ceremony. In one form or another marriage is the oldest institution of society and the source of its most antique laws. At the basis of the marriage celebration is the necessity of society for some rule for the appropriation of the opposite sexes to one another and the protection of the relation established. The higher the standards of civilization, no doubt the greater regard is paid to the established ceremonies through which the marriage is celebrated. Hence the suggestion, by the poet that "No sweet aspersion shall the heavens let fall, to make this contract grow," until "all sanctimonious ceremonies may, with full and holy rite, be ministered." In all Christian countries, the marriage contract is celebrated by the accompaniment of a religious ceremony.* Hildebrand declared marriage to be a sacrament of the church; Calvin declared it to be an institution of God, while Grotius defined it as a contract of partnership. The legal idea of the marriage ceremony is presented in the above verse, as well as the recognition of the institution from a spiritual standpoint, for in legal contemplation, even where the intervention of the priest is essential, on grounds of public policy, marriage is nothing more nor less than a civil contract, differing from other contracts in that its incidents are fixed by public law and in so far as it affects the status of the contracting parties." 1 Tempest, Act IV, Scene I. 'McLennan, Prim. Mar. * Lubbock's Origin of Civilization; Tylor Early History of Mankind. For the effect of marriage contracts and espousals, both in the civil courts and ecclesiastic courts of Europe, see, 6' Bacon's Abr., pp. 454, 500. There is perhaps no legal subject to which Shakespeare makes more frequent reference than he does to that of marriages. Marriage ceremonies are presented in many of the different plays. That the recognition of the marriage contract as both a spiritual institution and a legal contract, was appreciated by the Poet, will be apparent from a reading of his plays, where this theme is touched on. Thus, he makes Olivia say to Sebastian: "Oli. Now go with me and with this holy man, Into the chantry by: there, before him, And underneath that consecrated roof, Plight me the full assurance of your faith." (Twelfth Night, Act IV, Scene III.) And again, the Priest details this ceremony: "Priest. A contract of eternal bond of love, confirmed by mutual joinder of your hands, Attested by the holy close of lips, Strengthened by interchangement of your rings; And all the ceremony of this compact, Sealed in my function, by my testimony." (Twelfth Night, Act V, Scene I.) In As You Like It (Act III, Scene III), The Vicar, Sir Oliver Martext, observed: "Truly, she must be given, or the marriage is not lawful." And in the marriage contract between Blanch and Lewis, Dauphin of France, the following occurs: "K. John. Phillip of France, if thou be pleased withal, Command thy son and daughter to join hands. K. Phi. It likes us well:-Young princes, close your hands." (King John, Act II, Scene I.) And the following, from As You Like It: "Ros. Come, sister, you shall be the priest and marry us.Give me your hand, Orlando:-What do you say, sister? Orl. Pray thee, marry us. Cel. I cannot say the words. Ros. You must begin,-Will you, Orlando, Cel. Go to:-Will you, Orlando, have to wife, this Rosalind? Orl. I will. Ros. Ay, but when? Orl. Why now, as fast as she can marry us. Ros. Then you must say,-I take thee Rosalind, for wife. Orl. I take thee, Rosalind, for wife. Ros. I might ask you for your commission: but-I do take thee, Orlando, for my husband." (Act IV, Scene I.) And in the song, by the representative of Hymen, in the same play, the sentiment is expressed as follows: "Wedding is great Juno's crown; O blessed bond, of board and bed." (Act V, Scene IV.) This is based on the legal expression, used in divorces from the bed and board, i. e., mensa et thora, to distinguish divorces from the bonds of matrimony, or those a vinculo matrimona. In All's Well That Ends Well, the following occurs: “King. Good fortune and the favor of the king smile upon this contract; whose ceremony shall seem expedient on the now-born brief and be performed to-night." (Act II, Scene III.) Queen Isabel, of France, congratulated and blessed the union of Henry V and Katharina, as follows: "Q. Isa. God, the best maker of all marriages, Combine your hearts in one, your realms in one. (Henry V, Act V, Scene II.) Warwick and Queen Margaret contract to marry the Prince to the former's daughter, in 3' Henry VI, as follows: "War. if our queen and this young prince agree, I'll join mine eldest daughter and my joy, To him forthwith, in holy wedlock bonds. Q. Mar. Yes, I agree and thank you for your motion:-Son Edward, she is fair and virtuous, Therefore delay not, give thy hand to Warwick; And, with thy hand, thy faith irrevocable, That only Warwick's daughter shall be thine. Prince. Yes, I accept her, for she well deserves it; And here, to pledge my vow, I give my hand." (Act III, Scene III.) Speaking of his contemplated union with Elizabeth, Richmond said in King Richard III: “Richm. . . O, now, let Richmond and Elizabeth. The true succeeders of each royal house, By God's fair ordinance conjoin together." (Act V, Scene IV.) CHAPTER II. "TWO GENTLEMEN OF VERONA." Sec. 4. Judgment unreversed-Tendered. 5. Setting up new plea-Repealing former. Sec. 4. Judgment unreversed-Tendered "Pro. Ay, ay; and she hath offered to the doom, which (unreversed) stands in effectual force, A sea of melting pearl, which some call tears, Those at her father's churlish feet, she tendered."i That the word "doom" in the verse quoted, is used in the sense of judgment, is apparent from the subject matter and scope of the context. A judgment "unreversed" is one not annulled or set aside by the decision of a higher or superior court, possessing power, on appeal or writ of error to set aside or annull the judgment, sentence or decree of an inferior court. Until reversed, a judgment is, of course "in effectual force" and all the remedies of the owner can be taken advantage of. The use of the terms in the way they are used, shows an accurate and proper knowledge of the remedial procedure of the English Courts. 3 Tender, from the Latin tendere, to extend or offer, is something delivered or offered under such circumstances as to require no further act on the part of the party making the tender, to end the controversy. The thought is, that the tears were tendered as all that remained to be offered, in the hope that they would reverse the judgment or decree of banishment or exile. 1 Two Gentlemen of Verona, Act III, Scene I. 29 Carr & P. 513; Bouvier, Law Dict. 'Bouvier, Law Dict. King Edward, in Richard III, asks as to Clarence's death: "K. Edw. Is Clarence dead? the order was revers'd." (Act II, Scene I.) Sec. 5. Setting up new plea.-Repealing former— "Duke. griefs, Know then, I here forget all former Cancel all grudge, repeal thee home again. The Duke, in these lines, suggests to Valentine that he will cancel his banishment and repeal the judgment of banishment, and that if he will file a new plea, based upon his unrivalled merit, he himself will recognize it and this will give it validity, for possessing the power and authority to sustain or reject the plea offered, the Duke's assurance is a practical affirmance of the validity of the plea suggested.2 1 Two Gentlemen of Verona, Act V, Scene IV. * See Rolfe's Two Gentlemen of Verona, p. 185, notes. Tarquin is made to reflect, in The Rape of Lucrece: "Why hunt I then for color or excuses? All orators are dumb when beauty pleadeth." (267, 268.) |