BETROTHAL. Betrothal was anciently a formal cere mony which in most cases preceded the actual marriage service, usually by a period of some weeks, but the marriage might be delayed for years. The canon law distinguished two types of be trothal:—(i) Sponsalia de praesenti, (2) Sponsalia de futuro.
The first was a true though irregular marriage, and was abolished by the Council of Trent as inimical to morality. The second was a promise to marry at a future date. The church never determined the form of the ceremony, but demanded that it should be entered into freely and at a legal age. The church further declared that females between the ages of 7 and 12, and males between 7 and 14, could be betrothed, but not married. The ill-defined laws as to betrothals tended to encourage abuses, especially in the rural districts. Betrothal consisted of the "interchange of rings— the kiss—the joining of hands, to which is to be added the testi mony of witnesses." In France the presence of a priest was essential, and it was customary elsewhere for the couple to get their parish priest to witness their promise. Among the peasantry the place of rings was taken by a coin which was broken between the pair, each taking a part. But almost any gift sufficed. Sometimes the bride-elect received a bent or crooked sixpence. At the conclusion of the ceremony it was usual for the couple to pledge each other in a cup of wine. Gifts given at bethrothal could be re covered by the parties if the marriage did not take place. The church jealously watched over the fulfilment of such con tracts and punished their violation. Betrothal, validly contracted, could be dissolved either by mutual consent or by the omission to fulfil one of the conditions of the contract. But here the church stepped in to override such law as existed by decreeing that who ever, after betrothal, refused to marry in facie ecclesiae was liable to excommunication. In England the law was settled by an act of which enacted that an aggrieved party could obtain redress only by an action at common law for breach of promise of mar riage. Among the ancient Jews betrothal was formal and as bind ing as marriage (see MARRIAGE). Formal betrothal still retains much of its former importance on the European continent.
BIBLIOGRAPHY.-For betrothal customs in China, the East and Bibliography.-For betrothal customs in China, the East and elsewhere, consult L. J. Miln, Wooings and Weddings in Many Climes (1900) and H. N. Hutchinson, Marriage Customs in Many Lands (1897) . On early English law as to betrothals see Sir F. Pollock and Maitland, History of English Law before the time of Edward I. (2nd ed. 1898) . See also J. O. Halliwell-Phillipps, Outlines of the Life of Shakespeare (1848, 1883).