[Sca-cooks] Six and counting

[Huette von Ahrens]

'Lainie,

The legal term for what you are talking about is
"jactitation of marriage".  A term from English
Ecclesiastical Law.

Huette


--- "Laura C. Minnick" <lcm at efn.org> wrote:
>
>
> "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
> _______________________________________________
> Sca-cooks mailing list
> Sca-cooks at ansteorra.org
> http://www.ansteorra.org/mailman/listinfo/sca-cooks


=====
Blessed are they who can laugh at themselves for they
shall never cease to be amused.

__________________________________________________
Do You Yahoo!?
Get email alerts & NEW webcam video instant messaging with Yahoo! Messenger
http://im.yahoo.com