'I Take You to Be My Lawfully Wedded Spouse': Consent and Marriage in Early Modern Protestantism

Abstract

This short article, which is part of a symposium on the doctrine of consent in legal history, summarizes early Protestant contributions to the role of consent in the formation of a valid marriage. Sixteenth-century Lutheran and Calvinist reformers insisted that a valid marriage required consent by the couple, their parents, the church, and the state alike, signaling its critical private and public place in the community. Protestant jurists and theologians collaborated to introduce important changes in Western theology, liturgy, and law in reflection and application of this teaching.

Keywords: law, religion, law and religion, marriage, family, consent, community, marital vows, parental consent, church consecration, civil registration, marriage liturgy, family law