BETROTHMENT. We sometimes hear of parties being betrothed to each ether, which means that each has pledged his or her troth or truth to the other, to enter at some convenient time, fixed or undetermined, into the state of matrimony. It now has seldom any other meaning than that.the parties have engaged them selves privately, sometimes, though it is presumed very rarely, in the presence of one or more friends, who might, if neces sity of doing so arose, bear testimony to such an engagement having been entered into. Even the rustic ceremonies which heretofore were in use, to give some kind of formality touch contracts, seem almost to have fallen into entire disuse. In an cient times, however, there were ments of this kind of a very formal na ture, and they were not thought unworthy the notice of the great legislators of an tiquity. In the laws of Moses there are certain provisions respecting the state of the virgin who is betrothed. In the Roman law, the " SpOLIMIlift' ," or betrothment, is defined to be a "promise of a future marriage." Accordingly Sponsa signifies a woman promised in marriage, and Sponsns a man who is engaged to marry. Sponsalia could take place after the parties were seven years of age. There was no fixed time after betrothment at which marriage necessarily followed, but it might for various reasons be deferred for several years. The sponsalia might be made without the two parties being present at the ceremony. xxiii. tit. 1.) The canonists speak of betrothing ant of marrying, describing the former as being sponsalia, or espousals, with the verba de futuro, the latter with the verbs de ,prcesenti. In England there is no doubt that formal engagements of this kind were usual down to the time of the Reformation. One class of the documents which have descended in the families who have been careful in the preservation of their ancient evidences, are marriage contracts, which are generally between parents, and set out with stating that a marriage shall be solemnized between certain parties when they attain to a cer tain age, or at some distant period, as after six months or a year; and amongst the terms of the contract it is not unusual to find stipulations respecting the apparel of the future bride, and the cost of the entertainment which is to be provided on the occasion. When these contracts were entered into by the parents, there is rea son to believe that the younger parties so. lemnly plighted their troth to each other.
A t the present day marriage settle ments are generally made when the future husband or wife has property, or when both of them have property. The object of the settlement is to secure pro vision for the children who may be bora of the marriage, and generally to make such disposition of the property of the man and of the woman as may have been agreed on. Such settlements always
begin by reciting that a marriage between the parties therein mentioned is intended, which is in effect a contract of marriage.
The late Mr. Francis Douce, who was very learned in all matters relating to the popular customs of our own and other nations, describes the ceremonyof be trothment (Illustrations of and ty' Ancient Manners, vol. i. p. 108), as having consisted in "the interehangement of kiss—the joining of hands; to which is to be added the testimony of witnesses." In France, where the cere mony is known by the name of flan faille', the presence of the curd, or of a priest commissioned by him, was essential to the completeness of the contract. In England such contracts were brought. under the cognizance of the ecclesiasticar law. Complaints are made by a writer *bout the time of the Reformation, cited In Ellis's edition of Brand's Popular An tiquities, that certain superstitious cere monies had become connected with these engagements ; but Mr. Douce was unable to find in any of the ancient rituals of the church any prescribed form in which this kind of espousals were to be celebrated. The church, however, undertook to pu nish the violation of the contract. Whoever after betrothment refused to proceed to matrimony, in facie ecclesia, was liable W excommanication till relieved by pub lic penance. This was taken away by act 26 Geo. IL c. 33, and the aggrieved party was left to seek his remedy by an action at common law for breach of promise of marriage. The church also declared that no kind of matrimonial engagement could be entered into by infants under seven years of age ; and that from seven to twelve, and in the case of males to four teen, they might betroth themselves, but not to be contracted in matrimony. Fur ther, if any betrothment at all took place, it was to be done openly, and this the priests were instructed to urge upon the people as of importance.
Bishop Sparrow (Rationale on the Com mon Prayer, p. 203) regards the marriage service of the Church of England as con taining in it both the verba de futuro and the verba de prcesenti, or as being in fact both a betrothment and a marriage. The first he finds in the questions, " Wilt thou take," &c., and the answers, " I will,"— attributing to the word will, perhaps er roneously, the sense of intention rather than of resolution. The words of contract which follow are the verba de prasenti.
The northern nations, including the English and the Scotch, called this cere mony by the expressive term hand-fasting, or handfastning. In Germany the parties are called respectively " bride" and " groom," " braid" and " brautigam," from the time of the betrothment (verlobung; until the marriage, when these designa tions cease.