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Table of contents
THE CONQUEST OF THE VENEREAL DISEASES-8.1
THE CONQUEST OF THE VENEREAL DISEASES-8.2
THE CONQUEST OF THE VENEREAL DISEASES-8.3
THE CONQUEST OF THE VENEREAL DISEASES-8.4
THE CONQUEST OF THE VENEREAL DISEASES-8.5
THE CONQUEST OF THE VENEREAL DISEASES-8.6
FOOTNOTES
SEXUAL MORALITY-9.1
SEXUAL MORALITY-9.2
SEXUAL MORALITY-9.3
SEXUAL MORALITY-9.4
SEXUAL MORALITY-9.5
SEXUAL MORALITY-9.6
SEXUAL MORALITY-9.7
SEXUAL MORALITY-9.8
SEXUAL MORALITY-9.9
MARRIAGE-10.1
MARRIAGE-10.2
MARRIAGE-10.3
MARRIAGE-10.4
MARRIAGE-10.5
MARRIAGE-10.6
MARRIAGE-10.7
MARRIAGE-10.8
MARRIAGE-10.9
MARRIAGE-10.10
MARRIAGE-10.11
MARRIAGE-10.12
FOOTNOTES
THE ART OF LOVE-11.1
THE ART OF LOVE-11.2
THE ART OF LOVE-11.3
THE ART OF LOVE-11.4
THE ART OF LOVE-11.5
THE ART OF LOVE-11.6
THE ART OF LOVE-11.7
THE ART OF LOVE-11.8
THE ART OF LOVE-11.9
THE ART OF LOVE-11.10
THE ART OF LOVE-11.11
FOOTNOTES
THE SCIENCE OF PROCREATION-12.1
THE SCIENCE OF PROCREATION-12.2
THE SCIENCE OF PROCREATION-12.3
THE SCIENCE OF PROCREATION-12.4
THE SCIENCE OF PROCREATION-12.5
THE SCIENCE OF PROCREATION-12.6
THE SCIENCE OF PROCREATION-12.7
THE SCIENCE OF PROCREATION-12.8
THE SCIENCE OF PROCREATION-12.9
FOOTNOTES
INDEX OF AUTHORS

Roman and Byzantine law during the sixth century. 

 

[323] J. Wickham Legg, _Ecclesiological Essays_, p. 189. It may be added 

that the idea of the subordination of the wife to the husband appeared in 

the Christian Church at a somewhat early period, and no doubt 

independently of Germanic influences; St. Augustine said (Sermo XXXVII, 

cap. vi) that a good _materfamilias_ must not be ashamed to call herself 

her husband's servant (_ancilla_). 

 

[324] See, e.g., L. Gautier, _La Chevalerie_, Ch. IX. 

 

[325] Howard, op. cit., vol. i, pp. 293 et seq.; Esmein, _op. cit._, vol. 

i, pp. 25 et seq.; Smith and Cheetham, _Dictionary of Christian 

Antiquities_ art. "Contract of Marriage." 

 

[326] Any later changes in Catholic Canon law have merely been in the 

direction of making matrimony still narrower and still more remote from 

the practice of the world. By a papal decree of 1907, civil marriages and 

marriages in non-Catholic places of worship are declared to be not only 

sinful and unlawful (which they were before), but actually null and void. 

 

[327] E.S.P. Haynes, _Our Divorce Law_, p. 3. 

 

[328] It was the Council of Trent, in the sixteenth century, which made 

ecclesiastical rites essential to binding marriage; but even then 

fifty-six prelates voted against that decision. 

 

[329] Esmein, op. cit., vol. i, p. 91. 

 

[330] It is sometimes said that the Catholic Church is able to diminish 

the evils of its doctrine of the indissolubility of marriage by the number 

of impediments to marriage it admits, thus affording free scope for 

dispensations from marriage. This scarcely seems to be the case. Dr. P.J. 

Hayes, who speaks with authority as Chancellor of the Catholic Archdiocese 

of New York, states ("Impediments to Marriage in the Catholic Church," 

_North American Review_, May, 1905) that even in so modern and so mixed a 

community as this there are few applications for dispensations on account 

of impediments; there are 15,000 Catholic marriages per annum in New York 

City, but scarcely five per annum are questioned as to validity, and these 

chiefly on the ground of bigamy. 

 

[331] The Canonists, say Pollock and Maitland (loc. cit.), "made a 

capricious mess of the marriage law." "Seldom," says Howard (_op. cit._, 

vol i, p. 340), "have mere theory and subtle quibbling had more disastrous 

consequences in practical life than in the case of the distinction between 

_sponsalia de praesenti_ and _de futuro_." 

 

[332] Howard, op. cit., vol. i, pp. 386 et seq. On the whole, however, 

Luther's opinion was that marriage, though a sacred and mysterious thing, 

is not a sacrament; his various statements on the matter are brought 

together by Strampff, _Luther ueber die Ehe_, pp. 204-214. 

 

[333] Howard, op. cit., vol. ii, pp. 61 et seq. 

 

[334] Probably as a result of the somewhat confused and incoherent 

attitude of the Reformers, the Canon law of marriage, in a modified form, 

really persisted in Protestant countries to a greater extent than in 

Catholic countries; in France, especially, it has been much more 

profoundly modified (Esmein, op. cit., vol. i, p. 33). 

 

[335] The Quaker conception of marriage is still vitally influential. 

"Why," says Mrs. Besant (_Marriage_, p. 19), "should not we take a leaf 

out of the Quaker's book, and substitute for the present legal forms of 

marriage a simple declaration publicly made?" 

 

[336] Howard, op. cit., vol. ii, p. 456. The actual practice in 

Pennsylvania appears, however, to differ little from that usual in the 

other States. 

 

[337] Howard, op. cit., vol. ii, p. 109. "It is, indeed, wonderful," 

Howard remarks, "that a great nation, priding herself on a love of equity 


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