Espousals
ESPOUSALS
See BETROTHING, MARRIAGE.
Fuente: American Tract Society Bible Dictionary
espousals
(Latin: spondere, to promise)
A formal contract of future marriage between two persons who are thereby affianced. See also: betrothal .
Fuente: New Catholic Dictionary
Espousals
An Espousal is a contract of future marriage between a man and a woman, who are thereby affianced. The ecclesiastical law governing this contract was amended by the pontifical decree “Ne Temere”, on espousals and marriages, which was published 2 Aug., 1907, and took effect 19 April (Easter), 1908. For the old legislation see BETROTHAL; the present article will be confined to the new.
Regarding espousals the decree enacts as follows: “Only those espousals are held to be valid and to beget canonical effects which are made in writing, signed by both parties, and either by the parish priest or the ordinary of the place, or at least by two witnesses. In case one or both of the parties be unable to write, this fact is to be noted in the document, and another witness is to add his signature to the contract as above, together with that of the parish priest or the ordinary of the place, or the two witnesses. Until Easter of 1908, there was no written document prescribed for espousals, except for Spain. Like other contracts, the promise of marriage was supposed to bind the parties making it according to prevailing law or custom. That caused many difficulties which necessitated this law. Private, clandestine espousals are henceforth of no value in the eyes of the Church. In the United States engagements were, as a rule, not considered effective enough to entail the impediment of public honesty which, unless the engagement were properly revoked, would render null and void the marriage of either affianced party with a blood-relation in the first degree of the other affianced party, and make sinful marriage with any other person not so related, unless the engagement had been rightly broken. These are the canonical effects which are not begotten unless the espousals are made in writing, whether by filling out a blank formula or by writing the document entirely.
As to the obligation of contracting espousals in writing, it is to be noted that the law does not concern itself with the promise of marriage as a matter of conscience; only with establishing the fact that espousals have no legal value and will not be considered in case of contention by ecclesiastical courts, unless they are in writing. Hence, in foro interno the Church leaves the matter to the confessor. The law suggests no particular formula for the contract of espousals. It must, however, express the promise of future marriage. There must be no condition attached contrary to the nature or laws of Christian marriage. No time is assigned by the law within which the promise must be fulfilled; still the time should be reasonable and accord with the common teaching of competent authorities. The document must be signed by both parties — man and woman — promising to marry each other on or within some definite date. If either or both are unable to write their names, that must be noted in the document. They must, of course, affix their signatures somehow, which must be attested by a special witness. In addition, either the parish priest or ordinary must sign it; both need not sign it; the signature of one only is required. By ordinary is meant the bishop of the diocese where the parties happen to be, or his vicar-general, or any one exercising episcopal jurisdiction, as for instance, the administrator when the see is vacant. By parish priest, as used in the present decree, is to be understood not only the priest who legitimately presides over a parish that is canonically erected, but also, in localities where parishes are not canonically erected, the priest to whom the care of souls has been legitimately entrusted in any specified district, and who is equivalent to a parish priest; and also, in missions where the territory has not yet been perfectly divided, every priest generally deputed for the care of souls in any station by the superior of the mission. The ordinary or parish priest cannot depute any other priest to sign in their stead (Reply of S. Congregation of Council, 30 March, 1908). If the signature of the ordinary or of the parish priest cannot be obtained, then at least two witnesses must sign. Their signatures are not needed if either of the foregoing have signed. The witnesses should of course be competent, though they differ in age and sex. The local ecclesiastical authorities are to decide where the document is to be deposited. The new law does not provide for the annulment of espousals. The reasons that formerly sufficed to annul them still remain. If espousals were made as prescribed by the new law, their binding force continues until they shall have been dissolved by proof of either or both parties claiming their dissolution.
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MCNICHOLAS, The New Marriage Legislation (1908), 15-21; DEVINE, The Law of Christian Marriage, 283 sqq.; CRONIN, The New Matrimonial Legislation, 32-40; DE BECKER, Legislatio Nova, 13-21.
JOSEPH SELINGER. Transcribed by Douglas J. Potter Dedicated to the Immaculate Heart of the Blessed Virgin Mary
The Catholic Encyclopedia, Volume VCopyright © 1909 by Robert Appleton CompanyOnline Edition Copyright © 2003 by K. KnightNihil Obstat, May 1, 1909. Remy Lafort, CensorImprimatur. +John M. Farley, Archbishop of New York
Fuente: Catholic Encyclopedia
Espousals
1. Among the Jews this was the ceremony of betrothing, or coming under obligation for the purpose of marriage, and was a mutual agreement between the parties which usually preceded the marriage some time. The espousals frequently took place years before the parties were married. SEE BETROTHAL; SEE MARRIAGE.
2. In the early Christian Church espousals differed from marriage. The two terms are in early writers sponsalia and ntuptiae. Certain preliminaries were necessary before persons could complete a marriage: they consisted in a mutual contract or agreement between the parties concerning their marriage to be performed within a certain limited time, which contract was confirmed by certain gifts or donations, called arrhae or arrhabones, the earnest of marriage; as also by a ring, a kiss, a dowry, a writing or instrument of dowry, with a sufficient number of witnesses to attest it. The free consent of parties contracting marriage was declared necessary by the old Roman law, which was confirmed by Diocletian, and inserted by Justinian in his code. When the contract was made, it was usual for the man to bestow presents on the woman: these were sometimes called sponsalia, espousals, and sometimes sponsalitiae donationes, espousal- gifts, or arrhae and pignora, pledges of future marriage, because the giving and receiving them was a confirmation of the contract. These donations were publicly recorded. The ring was then presented to the woman as a further confirmation of the contract, and does not appear to have been given in the actual solemnization of marriage. Bingham, in proof of this, quotes the words of pope Nicholas I, and also refers to Ambrose and Tertullian. The origin of the marriage-ring has been traced to the tenth century, and is supposed to have been introduced in imitation of the ring worn by bishops. Isidorus Hispalensis refers to the marriage-ring in this language: Quod autem in nuptiis annulus a sponso sponsae datur, id fit vel propter mutuae dilectionis signum, vel propter id magis, ut hoc pignore corda eorum jungantur; unde et quarto digito annulus inseritur, ideo quod vena quaedam (ut fertur) sanguinis ad cor usque perveniat: “The reason why a ring is given by the bridegroom to the bride is either as a mark of mutual love, or rather a pledge of the union of their hearts; mnd the reason for its being placed on the fourth finger is because a certain vein (as it is said) reaches thence to the heart.” The kiss was solemnly given, with the joining together of the hands of the betrothed. The dowry settled upon the woman was by a stipulation made in writing, or by public instruments under hand and seal. Chosen witnesses were present, the friends of each party, and their number was generally ten. Occasionally a ministerial benediction was used in espousals as well as in marriage. SEE MARRIAGE. Farrar, Ecclesiastes Dict. s.v.; Bingham, Orig. Ecclesiastes book 22, chapter 3; Procter, On Common Prayer, page 401.
Fuente: Cyclopedia of Biblical, Theological and Ecclesiastical Literature
Espousals
See Espoused