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April 17, 2025 16 mins

From Bride Capture to Smock Marriages: A Journey Through Historical Marriage Laws and Customs

Did you know that for centuries, the way we've tied the knot has been anything but standard? Join us as we delve into the fascinating and often bizarre history of marriage laws and customs, drawing from ancient texts and historical accounts.In this episode, we'll explore:

  • The very definition of marriage: From the Institutes of Justinian's concept of a "lawful union" to the societal necessities that made it a foundational institution.


  • Theories on the origins of marriage: Was it a step away from communal living? Or perhaps born from the strength of men in "marriage by capture"? We'll examine these intriguing ideas.


  • The three principal forms of marriage throughout history: Monogamy, polygamy, and polyandry – and how they were viewed and practiced in different cultures, from the Hebrews and Romans to parts of India and Tibet.


  • The profound influence of Roman law: Discover how Roman concepts of marriage as an "equal partnership" and their early forms of marriage like Confarreatio, Coemptio in manum, and Usus laid the groundwork for marriage laws in the civilized world.


  • The evolving role of the Church: From early Christian views to the Council of Trent's requirement of a religious ceremony, and the complexities of church and civil law in England regarding the validity of marriage.


  • The recognition of common-law marriage: Learn how the idea of marriage based on mutual consent alone was viewed in England and its adoption in the United States.


  • Strange and fascinating marriage customs: Prepare to be surprised by practices like "bride-sale", the giving of dowries tracing back to ancient Babylon, the symbolism behind wedding rings, and the superstitions behind throwing rice and shoes.


  • The peculiar practice of "Smock-marriages": Uncover the reasons behind brides appearing for their weddings in nothing but their undergarments, from evading debts to symbolic acts.


  • The unbelievable notion of "Gallows-matches": Explore the historical (and perhaps mythical) belief that marrying a condemned felon at the gallows could save them from execution.


  • Even the controversial history of child marriages arranged for various social and economic reasons and the feudal custom of "Maiden-rent".


Join us for a captivating journey through the ages as we unravel the intricate and often unbelievable tapestry of historical marriage laws and customs!

Companion Guidebook available at: www.legalantiquities.t2tradingpartners.com

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