Women Under Early Christian Law. At the espousals of primitive Christians, as we have said, the contract to marry was solemnly ratified by a kiss bestowed by the man on his future wife. Tertullian says this was an old heathen custom; being a good and innocent one it was adopted by Christians. So much stress was laid upon it as the ratification of espousals that Constantine made the inheritance of half the es pousal gifts (if one party died before the consummation of the marriage) to depend upon whether or not the kiss had been given; if there was no kiss the presents re turned to the donor or his heirs. {Cod. Theodos. B. Ill, Tit. 5, De Sponsalibus : Cod. Justin. Libr.V. De Don. Ante Nupt. 16.) Many of the early councils passed canons regulating the age at which the veil could be taken, some fixed it at twenty-five, others at forty : Gregory the Great said women should not be veiled before sixty, although the pro fession might be made sooner. Young women were forbidden to become nuns without the consent of their parents or guardians. It was not until the Benedictine rule had been established in Europe that the vow of virginity was regarded as absolutely irrevo cable. At first a distinction was recognized between lawful matrimony and incontinency : but in course of time the same stigma of in famy was branded on a nun marrying as on one guilty of gross immorality : and the marriage of one already a bride of Christ was considered adultery. Basil ordered a penance of one or two years before restoration to the communion : the council of Valence, in the fourth century sentenced nuns marrying to a long but not perpetual excommunication. The Theodosian Code allowed them to return to the world at any time before reaching the age of forty, especially if they had been com pelled by their parents to take the veil. Pope Innocent I, in the fifth century, forbade a nun after marrying or being seduced to be restored
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to communion, unless the partner of her guilt had retired into the cloister. Stronger and stronger grew the objection to nuns marrying. The council of Macon excummunicated both parties forever. The third council of Paris pronounced anathema against any one pre suming to tempt a nun to marry : Gregory the Great ordered nuns who otherwise broke their vow of chastity to be transferred to a stricter monastery for penance. In the sixth century by the rule of the Bishop of Aries nuns were never to go out of the convent; were to have nothing of their own; were to be allowed the luxury of a bath only in the case of sickness. If a slave was brought by a nun into the convent she became free. According to the rule ascribed to Columba of Ioria, continual silence, frequent confessions, a very spare diet and very hard labor were prescribed for nuns. Charlemagne prohibited abbesses laying hands on any one, or pronouncing a blessing : his successor forbade them walking alone. In the seventh century they took part in synods. In feudal times they performed their service to the king by proxy. The council of Gangra condemned the prac tice of nuns dressing like monks and shaving their heads. The council of Ancyra forbade consecreted virgins associating with men, even if sisters. By the rule of Cacsarius no man save a bishop, the officiating clergy, and the steward were allowed to enter within the walls of a nunnery. A nun could not see a monk save in the presence of the abbess. (Smith and Cheetham, Die. C/i. Antiquities.) A council at Auxerre, in 579, forbade a woman receiving the Eucharist in her naked hand, requiring her to put on a white linen glove before touching it. Speaking of women in the fourth century, Hilary, the Deacon, remarked: "Non docere enitnpotest, non testes esse, nequefidem dicere, ncque judicare."
