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BETROTHAL (A.S. treowth, " truth ")

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Originally appearing in Volume V03, Page 831 of the 1911 Encyclopedia Britannica.
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BETROTHAL (A.S. treowth, " truth ")  , the giving " one's truth," or pledging one's faith to marry . Although See also:left optional by the See also:church and not necessary in See also:law, See also:betrothal was anciently a formal ceremony which in most cases preceded the actual See also:marriage service, usually by a See also:period of some See also:weeks, but the marriage might for various reasons be delayed for years . The See also:canon law distinguished two types of betrothal:—(1) Sponsalia de praesenti, (2) Sponsalia de futuro . The first was a true though irregular marriage, and was abolished by the See also:council of See also:Trent as leading to clandestine unions and therefore being inimical to morality . The second, or betrothal properly so called, was a promise to marry at a future date, which promise without further ceremony became a valid marriage upon See also:con-summation . The church never precisely determined the See also:form of the ceremony, but demanded for its validity that it should have been entered into freely and at a legal See also:age; i.e. after the seventh birthday . The church further declared that See also:females between the ages of seven and twelve, and See also:males between seven and fourteen, could be betrothed, but not married, and that all such betrothals were to be public . The See also:ill-defined See also:laws as to betrothals tended to encourage abuses; and the See also:people, especially in the rural districts, inclined to hold betrothal sufficient See also:justification for cohabitation . Such pre-See also:contract is known to have existed in the See also:case of See also:Shakespeare (q.v.) . See also:Francis See also:Douce (Illustrations of Shakespeare and of Antient See also:Manners, 1807) says that betrothal consisted of the "interchange of rings—the See also:kiss—the joining of hands, to which is to be added the testimony of witnesses." In See also:France the presence of a See also:priest seems to have been considered essential, and though this was not so elsewhere it was customary for the couple to get their See also:parish priest to See also:witness their promise . In See also:England See also:solemn betrothal was almost universally practised . Among the peasantry the See also:place of rings was taken by a See also:coin which was broken between the pair, each taking a See also:part .

But almost any See also:

gift sufficed . A case in 1582is recorded where the See also:lover gave the girl a pair of gloves, two oranges, two handkerchiefs and a red See also:silk See also:girdle . Sometimes the See also:bride-elect received a See also:bent or crooked sixpence . At the conclusion of the ceremony, which by no means always took place in a church, it seems to have been usual for the couple to See also:pledge each other in a See also:cup of See also:wine, as do the See also:Jews and Russians to-See also:day . This drinking together was ever the universal See also:custom of parties in ratification of a bargain . See also:Joseph See also:Strutt (1749–1802) states that by the See also:civil law gifts given at betrothal could be recovered by the parties, if the marriage did not take place . But only conditionally, for if the See also:man " had had a kiss for his See also:money, he should lose one See also:half of that which he gave . Yet with the woman it is otherwise, for, kissing or not kissing, whatever she gave, she may ask and have it again . However, this extends only to gloves, rings, bracelets and such-like small wares." Though the church abstained from prescribing the form of the ceremony, it jealously watched over the fulfilment of such. contracts and punished their violation . Betrothal, validly contracted, could be dissolved either by mutual consent, or by the supervening of some See also:radical See also:physical or social See also:change in the parties, or by the omission to fulfil one of the conditions of the contract . But here the church stepped in, and endeavoured to override such law as existed in the See also:matter by decreeing that whoever, after betrothal, refused to marry in facie ecclesiae, was liable to See also:excommunication till relieved by public See also:penance . In England the law was settled by an See also:act of 1753, which enacted that an aggrieved party could obtain redress only by an See also:action at See also:common law for See also:breach of promise of marriage (see MARRIAGE) .

Formal betrothal is no longer customary in England, but on the See also:

European See also:continent it retains much of its former importance . There it is either solemn (publicly in church) or private (simply before witnesses) . Such betrothals are legal contracts . They are only valid between persons of legal age, both of whom consent; and they are rendered void by See also:fraud, intimidation and See also:duress . In See also:Germany if the parties are under age the consent of the parents is needed; but if this be unreasonably withheld the couple may See also:appeal to a See also:magistrate, who can See also:sanction the betrothal . If the parents disagree, the See also:father's wish prevails . Public betrothal carries with it an See also:obligation to marry, and in case of refusal an action " lies " for the injured party . In Germany the betrothal is generally celebrated before the relatives, and the couple are called bride and bridegroom from that day until marriage . In See also:Russia, where it was once as binding as marriage, it is now a See also:mere formal part of the marriage ceremony . Among the See also:ancient Jews betrothal was formal and as binding as marriage . After the ceremony, which consisted of the handing of a See also:ring or some See also:object of value to the bride and formal words of contract, and the mutual pledging of the couple in consecrated wine, a period of twelve months elapsed before the marriage was completed by the formal See also:home-taking; unless the bride was a widow or the See also:groom a widower, when this See also:interval was reduced to See also:thirty days . Latterly the ceremony of betrothal has become a part of the marriage ceremony, and the engagement has become the informal affair it is in England .

For betrothal customs in See also:

China, the See also:East and elsewhere, consult L . J . Miln, Wooings and Weddings in Many Climes (See also:London, 19oo), and H . N . See also:Hutchinson, Marriage Customs in Many Lands (London, 1897) . On See also:early See also:English law as to betrothals see See also:Sir F . See also:Pollock and See also:Maitland, See also:History of English Law before the See also:time of See also:Edward I . (2nd ed., 1898) . See also J . O . Llalliwell-Phillipps, Outlines of the See also:Life of Shakespeare (London, 1848, 1883) .

End of Article: BETROTHAL (A.S. treowth, " truth ")
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