[Sca-cooks] Six and counting

[Laura C. Minnick]

"Pixel, Goddess and Queen" wrote:

> > The "hotel thing" is a variation on "marriage by declaration" -- it's not
> > that they register in a hotel, it's that they register as "mr. and mrs."
> > thus holding themselves out to the world as a married couple.
> >
>
> Which is extremely period--the whole church validation was a thing pushed
> by the church. You just had to state in front of witnesses that you were
> married. Also, if a couple was cohabiting and there happened to be a legal
> issue that involved them being married or not, and their *neighbors* bore
> witness that they were married, well then, they were legally married.

(Father Abelard pokes his head out- "Someone get me some caffeine so I
can answer this!")

1. It didn't _have_ to be in front of witnesses- that is a fairly late
development designed to avoid the "He said/She said" litiagtion that
makes up most of the case law we have to look at (I have a book full of
marriage litigation from the 14th-15th c in England, and most of it is
exactly that sort of thing). You could be married simply be exchanging
words of Present Consent, e.g. "I, Joe Pigfarmer, marry you, Jane
Yarnspinner" "I, Jane Yarnspinner, marry you, Joe Pigfarmer". Ta-da!
They're married!

2. The neighbors only come into in specfic situations. For instance, if
the guy took off and the woman wanted him back and went to court
claiming that they were married, their neighbors could be brought in to
say "Yeah, I always thought theywere married- he called her his wife" or
"Nah, we knew they were living in sin." One or the other partner (at
least) had to make a claim that they were married. You don't suddenly
find yourselfves married just because the neighbors think so. It
involves specific situations.

(geez- and that was without caffeine! If you have questions, get back to
me in an hour or so when I'm better lubricated.)

'Lainie
on behalf of Father Abelard the Lesser