The agreeable fable2 of Paris, and the ridiculous one of Childeric, who never was king of France, and who it is pretended carried off Bazine, the wife of Bazin, have nothing to do with the law of divorce.
They all quote Cheribert, ruler of the little town of Lutetia, near Issay — Lutetia Parisiorum — who repudiated his wife. The Abbé Velly, in his “History of France,” says that this Cheribert, or Caribert, divorced his wife Ingoberg to espouse3 Mirefleur, the daughter of an artisan; and afterwards Theudegild, the daughter of a shepherd, who was raised to the first throne of the French Empire.
There was at that time neither first nor second throne among these barbarians4 whom the Roman Empire never recognized as kings. There was no French Empire. The empire of the French only commenced with Charlemagne. It is very doubtful whether the word “mirefleur” was in use either in the Welsh or Gallic languages, which were a patois5 of the Celtic jargon6. This patois had no expressions so soft.
It is also said that the ruler or governor Chilperic, lord of the province of Soissonnais, whom they call king of France, divorced his queen Andovere, or Andove; and here follows the reason of this divorce.
This Andovere, after having given three male children to the lord of Soissons, brought forth7 a daughter. The Franks having been in some manner Christians8 since the time of Clovis, Andovere, after her recovery, presented her daughter to be baptized. Chilperic of Soissons, who was apparently10 very tired of her, declared that it was an unpardonable crime in her to be the godmother of her infant, and that she could no longer be his wife by the laws of the Church. He therefore married Fredegond, whom he subsequently put away also, and espoused11 a Visigoth. To conclude, this scrupulous12 husband ended by taking Fredegond back again.
There was nothing legal in all this, and it ought no more to be quoted than anything which passed in Ireland or the Orcades. The Justinian code, which we have adopted in several points, authorizes13 divorce; but the canonical14 law, which the Catholics have placed before it, does not permit it.
The author of the article says that divorce is practised in the states of Germany, of the confession15 of Augsburg. He might have added that this custom is established in all the countries of the North, among the reformed of all professions, and among all the followers16 of the Greek Church.
Divorce is probably of nearly the same date as marriage. I believe, however, that marriage is some weeks more ancient; that is to say, men quarrelled with their wives at the end of five days, beat them at the end of a month, and separated from them after six weeks’ cohabitation.
Justinian, who collected all the laws made before him, to which he added his own, not only confirms that of divorce, but he extends it still further; so that every woman, whose husband is not a slave, but simply a prisoner of war during five years, may, after the five years have expired, contract another marriage.
Justinian was a Christian9, and even a theologian; how is it, then, that the Church derogates from his laws? It was when the Church became the sovereign and the legislator. The popes had not much trouble to substitute their decretals instead of the civil code in the West, which was plunged17 in ignorance and barbarism. They took, indeed, so much advantage of the prevailing18 ignorance, that Honorius III., Gregory IX., and Innocent III., by their bulls, forbade the civil law to be taught. It may be said of this audacity19, that it is not creditable, but true.
As the Church alone took cognizance of marriages, so it alone judged of divorce. No prince effected a divorce and married a second wife without previously20 obtaining the consent of the pope. Henry VIII., king of England, did not marry without his consent, until after having a long time solicited21 his divorce in the court of Rome in vain.
This custom, established in ignorant times, is perpetuated22 in enlightened ones only because it exists. All abuse eternizes itself; it is an Augean stable, and requires a Hercules to cleanse23 it.
Henry IV. could not be the father of a king of France without the permission of the pope; which must have been given, as has already been remarked, not by pronouncing a divorce, but a lie; that is to say, by pretending that there had not been previous marriage with Margaret de Valois.
点击收听单词发音
1 repudiated | |
v.(正式地)否认( repudiate的过去式和过去分词 );拒绝接受;拒绝与…往来;拒不履行(法律义务) | |
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2 fable | |
n.寓言;童话;神话 | |
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3 espouse | |
v.支持,赞成,嫁娶 | |
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4 barbarians | |
n.野蛮人( barbarian的名词复数 );外国人;粗野的人;无教养的人 | |
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5 patois | |
n.方言;混合语 | |
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6 jargon | |
n.术语,行话 | |
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7 forth | |
adv.向前;向外,往外 | |
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8 Christians | |
n.基督教徒( Christian的名词复数 ) | |
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9 Christian | |
adj.基督教徒的;n.基督教徒 | |
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10 apparently | |
adv.显然地;表面上,似乎 | |
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11 espoused | |
v.(决定)支持,拥护(目标、主张等)( espouse的过去式和过去分词 ) | |
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12 scrupulous | |
adj.审慎的,小心翼翼的,完全的,纯粹的 | |
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13 authorizes | |
授权,批准,委托( authorize的名词复数 ) | |
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14 canonical | |
n.权威的;典型的 | |
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15 confession | |
n.自白,供认,承认 | |
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16 followers | |
追随者( follower的名词复数 ); 用户; 契据的附面; 从动件 | |
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17 plunged | |
v.颠簸( plunge的过去式和过去分词 );暴跌;骤降;突降 | |
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18 prevailing | |
adj.盛行的;占优势的;主要的 | |
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19 audacity | |
n.大胆,卤莽,无礼 | |
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20 previously | |
adv.以前,先前(地) | |
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21 solicited | |
v.恳求( solicit的过去式和过去分词 );(指娼妇)拉客;索求;征求 | |
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22 perpetuated | |
vt.使永存(perpetuate的过去式与过去分词形式) | |
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23 cleanse | |
vt.使清洁,使纯洁,清洗 | |
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