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MARQUIS, DAVID CALHOUN: Presbyterian; b. in Lawrence Co., Pa., Nov. 15, 1834. He was educated at Jefferson College, Cannonsburg, Pa. (A.B., 1857), and after teaching for three years (1857-60), studied at Western Theological Seminary, Allegheny, Pa. (1860-62), and the Theological Seminary of the Northwest (now McCormick Theological Seminary, Chicago), from which he was graduated in 1863. He then held successive pastorates in his denomination at Decatur, Ill. (1863-1866), North Church, Chicago (1866-70), Westminster Church, Baltimore, Md. (1870-78), and Lafayette Park Church, St. Louis, Mo. (1878-83), and since 1883 has been professor of New-Testament literature and exegesis at McCormick Theological Seminary. He was also moderator of the General Assembly of the Presbyterian Church at Minneapolis, Minn., in 1886.

MARRIAGE.

I. The History of Marriage.

Marriage in Primitive Society (§ 1).

Marriage among Greeks and Romans (§ 2).

New-Testament View of Marriage (§ 3).

Marriage in the Primitive Church (§ 4).

Medieval Estimate of Marriage (§ 5).

Luther's Conception (§ 6).

Kant, Fichte, and Schleiermacher (§ 7).

Ethical Basis of Marriage (§ 8).

Practical Considerations (§ 9).

Misalliance and Morganatic Marriage (§ 10).

Wedding Customs (§ 11).

II. Marriage Law.

1. History of Marriage Law.

Development of Ecclesiastical Jurisdiction over Marriage (§ 1).

Marriage Secularised by Protestantism (§ 2).

Minister and Materia Sacramenti in Marriage (§ 3).

Ratum and Legitimum Matrimonium (§ 4).

2. Theory and Contracting of Marriage.

Influence of Roman Law (§ 1).

Teutonic Elements (§ 2).

Relation of Canon to Roman and Teutonic Law (§ 3).

Decline of the Importance of the Betrothal (§ 4).

Theory of Marriage in Early Lutheran Rituals (§ 5).

Development of Civic Marriage (§ 6).

3. Impediments to Marriage.

Classification of Impediments (§ 1).

Canonical Impediments (§ 2).

Consanguinity (§ 3).

Affinity (§ 4).

Affinity in Canon Law and Early Protestantism (§ 5).

Spiritual Relationship and Difference of Religion (§ 6).

Impotence and Adultery (§ 7).

Error (§ 8).

Obstructing Impediments (§ 9).

The Removal of Impediments (§ 10).

4. Dissolution of Marriage.

Classes of Dissolution of Marriage (§ 1).

In the Early Church (§ 2).

In the Roman Catholic Church (§ 3).

Divorce in the Protestant Church (§ 4).

Remarriage of the Divorced (§ 5).

5. Mixed Marriages.

The Roman Catholic Position (§ 1).

Present Roman Catholic Usage (§ 2).

Lutheran Usage (§ 3).

I. History of Marriage:

In the general use of the term, marriage is a union between a man and a woman which is intended to be permanent and is recognized by society. The views concerning the number, rights, and duties of married persons and concerning the dissolubility of marriage have differed much and still differ in various places. The Christian view, based on Mark x. 6-8, is that the union of one man and one woman for 1 life is the order intended by the creator; but Gen. ii. 18-24 has lost its authoritative force as a proof text since sociology shows that monogamy is a result late in its development. According to the researches of Bachofen, Morgan, McLennan and others concerning the matriarchate, an extensive community in women was the first stage; with the origin of the patriarchate and of private property woman took the position of a chattel, polygamy was originated, after which the rights of private property and of inheritance led to monogamy. It is true, the conclusions concerning the evolution of marriage on the basis of the researches of Bachofen concerning the matriarchate and of Morgan concerning the system of affinity of the Indians have been contested by Grosse, Westermarck, and others, on the ground that occasional underlying facts, which have been interpreted as remnants of older periods, admit and even demand another interpretation, since such conceptions presuppose paternal right and the view that the wife was the property of the husband. But in spite of these modifications, even the possibility that monogamy was the original form of marriage has not been shown. The conditions of monogamy, namely, a higher estimation of woman, the individualization of spiritual life, and consciousness of immorality of illegitimate intercourse, are the results of an extended historical development. Even in Israel the status in Gen. i. and ii. was preceded by a lower moral statue such as is involved in polygamy, purchase of the bride, and the slavery of women. But Christian judgment is not refuted by the fact that its idea of marriage has only gradually unfolded under the cooperation of economic and other factors in the development of culture, since the same is true of the individual. Its basis, however, must be different; instead of using tradition, it must employ the idea of inner necessity. Since God has created nature for a moral purpose, the ethical gifts developed from the distinction of sex must be understood as the original purpose of God in creating man and woman just as they are independent of the economic conditions which cooperated in their origin. The same applies also to indissoluble monogamy if it be necessary for the conservation of those gifts. For Jewish conceptions and practise see Family and Marriage Relations, Hebrew.

Among the Greeks and Romans the dignity of marriage as an institution having divine sanction was based upon its importance for the family (which was a group of citizens with full civil and political rights, consisting of several generations and consolidated by its own cult) and for the State. Its purpose was the birth of legitimate sons to continue the family cult and to form a body of citizens.

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Marriage was desired out of reverence for the family and the State, also because of the support during life and in old age thus secured and to provide 2 for the payment of the last honors to the dead. Sons competent for these duties could proceed only from a woman who had been received into the family cult. The results were monogamy, and the elevation of the position of woman. It is true that family interests decided the husband's choice and that the wife stood under the legal guardianship of the husband; but in so far as she brought a dowry, administered the affairs of the household, and educated the children, she was relatively independent and highly esteemed. There may have been possible a comprehensive and intimate communion of husband and wife as an ethical gift resulting from marriage, especially in Rome, where woman enjoyed freedom of movement outside of the home and took an interest in the activity of man, while in Athens her seclusion in the house made this impossible for her; but such a communion was impeded by the dissipations of sexual intercourse which was still estimated in a naturalistic manner and might be indulged in by any man, so that Demosthenes says significantly: "We keep courtesans to be amused, concubines to be nursed, wives for the bringing forth of legitimate children and as faithful watchers of the house." Changes in the manner of economic production and in the relations of the family brought about unfavorable consequences. The principal duties of woman lost their significance when degeneration of the family cult and of economic production took place. As the power of the head of the family was restricted, woman became legally more independent. Thus matrimony became merely a civil contract with no higher purpose, and might be dissolved with the consent of both parties and was frequently so dissolved. The male's desire for legitimate sons vanished with decay of reverence for the family and of interest in the state. The sole incentive of marriage remaining, namely, hope of increase in influence and fortune, did not supply a permanent ethical bond. On the other hand, marriage was beneficially influenced by the birth of the philosophic idea of spiritual and ethical personality. Sexual intercourse, which for Neo-Pythagorean spiritualism was under any circumstance contamination of the spirit, was, in consequence of the Stoic idea of control of the sensual desires by rational purpose, declared admissible only in matrimony and for the purpose of producing children. It was regarded as incumbent on the husband to be faithful in marriage and the idea of a harmonious ethical life communion of husband and wife was developed, without accomplishing, however, any noteworthy change either in theory or in actual life.


1 1. Marriage in Primitive Society.

2 2. Marriage Among Greeks and Romans.

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