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Marché matrimonial clandestin et officines de clandestinité à la fin du Moyen Age : l'exemple du diocèse de Rouen

Abstract : In the twelfth century, Catholic theologians and canonists specified the consensual nature of marriage. That the reason why one could say that a clandestine marriage was a real one, if the couple was able to prove it. Publicity and solemnity were required to prove the consent and to honor the sacrament; forms were defined by diocesan laws. Nevertheless clandestine marriages were prohibited by canonical Law. The practice of lay people of diocese of Rouen, in the fifteenth century, can be analyzed through legal proceedings of ecclesiastical courts. Penalized clandestine marriages were not secret ones or performed outside the supervision of a cleric. They were celebrated publicly with family and friends, and above all, blessed by priests, but out of the parish church of the couple, in chapels or churches of exemptions. Those clerics were also penalized for their complicity because, from the diocesan legal viewpoint, those marriages were not regular. (For example, banns were not publicized or papers required by the bishop were not correct). Clandestiny was a way to hide those marriages to the local authorities: there were ecclesiastical spaces and clerics available for the lay people who above all wanted to solemnize their marriage
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https://halshs.archives-ouvertes.fr/halshs-00566355
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Submitted on : Wednesday, February 16, 2011 - 9:31:31 AM
Last modification on : Wednesday, October 20, 2021 - 3:19:07 AM

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  • HAL Id : halshs-00566355, version 1

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Carole Avignon. Marché matrimonial clandestin et officines de clandestinité à la fin du Moyen Age : l'exemple du diocèse de Rouen. Revue historique, Presses Universitaires de France, 2010, p. 515-549. ⟨halshs-00566355⟩

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