To: Ilaine who wrote (13540 ) 10/24/2003 3:02:20 AM From: KLP Respond to of 793575 Hisory of Marriage There is a good deal in this article, but looks like the State got their oar in early on in Colonial America...I do have a Marriage License from Wilson Co TN 1830 for some of my 'folks', and there are many early marriage records in early towns of the colonies... ad.trafficmp.com >>>>>>>>>>snip>>>>>>>> (6) Marriage as a Ceremony or Contract The act, formality, or ceremony by which the marriage union is created, has differed widely at different times and among different peoples. One of the earliest and most frequent customs associated with the entrance into marriage was the capture of the woman by her intended husband, usually from another tribe than that to which he himself belonged. Among most primitive peoples this act seems to have been regarded rather as a means of getting a wife, than as the formation of the marriage union itself. The latter subsequent to the capture, and was generally devoid of any formality whatever, beyond mere cohabitation. But the symbolic seizure of wives continued in many places long after the reality had ceased. It still exits among some of the lower races, and until quite recently was not unknown in some parts of Eastern Europe. After the practice has become simulated instead of actual, it was frequently looked upon as either the whole of the marriage ceremony or an essential accompaniment of the marriage. Symbolic capture has largely given way to wife purchase, which seems to prevail among most uncivilized peoples today. It has assumed various forms. Sometimes the man desiring a wife gave one of his kinswomen in exchange; sometimes he served for a period his intended bride's father, which was a frequent custom among the ancient Hebrews; but most often the bride was paid for in money or some form of property. Like capture, purchase became after a time among many peoples a symbol to signify the taking of a wife and the formation of the marriage union. Sometimes, however, it was merely an accompanying ceremony. Various other ceremonial forms have accompanied or constituted the entrance upon the marriage relation, the most common of which was some kind of feast; yet among many uncivilized peoples marriage has taken place, and still takes place, without any formal ceremony whatever. By many uncivilized races, and by most civilized ones, the marriage ceremony is regarded as a religious rite or includes religious features, although the religious element is not always regarded as necessary to the validity of the union. Under the Christian dispensation marriage is a religious act of the very highest kind, namely, one of the seven sacraments. Although Luther declared that marriage was not a sacrament but a "worldly thing", all the Protestant sects have continued to regard it as religious in the sense that it ought normally to be contracted in the presence of a clergyman. Owing to the influence of the Lutheran view and of the French Revolution, civil marriage has been instituted in almost all the countries of Europe and North America, as well as in some of the states of South America. In some countries it is essential to the validity of the union before the civil law, while in others, e.g., in the United States, it is merely one of the ways in which marriage may be contracted. Civil marriage, is not, however a post-Reformation institution, for it existed among the ancient Peruvians, and among the Aborigines of North America. Whether as a state or as a contract whether from the viewpoint of religion and morals or from that of the social welfare, marriage appears in its highest form in the teaching and practice of the Catholic Church. The fact that the contract is a sacrament impresses the popular mind with the importance and sacredness of the relation thus begun. The fact the union is indissoluble and monogamous promotes in the highest degree the welfare of parents and children, and stimulates in the whole community the practice of those qualities of self-restraint and altruism which are essential to social well-being, physical, mental, and moral <<<<<<<<<<<<<<<