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~Author UnknownThough marriage makes man and wife one flesh, it leaves 'em still two fools.

MARRIAGE IS BEAUTIFUL | Godly marriages are beautiful.

Why are there so many unsuccessful marriages today

~Author UnknownAffairs are just as disillusioning as marriage, and much less restful.
In 1708, on the occasion of a visit in Braunschweig by the dukes ofEisenach and Gotha, the margrave of Anspach, and the landgrave ofHesse-Cassel, these princes and their host duke Anton Ulrich ofBraunschweig decided to inform the Emperor of their concern over theelevations of unequal spouses and their damaging consequences, and topropose a sort of conference of princes to decide on a commonconstitution in matters of marriage. This proposal went nowhere.

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What were the effective powers of such house laws? The answeris not quite clear. It was generally accepted that princelyfamiliesenjoyed autonomy in their private affairs, and could arrange them astheywished, without prejudice to binding Imperial laws and customs, or totherights of others. But how much did equality clauses violateexisting customsand the rights of others? Pütter (1796, 514) cites theremarkable opinion of the law faculty of Helmstädt, that the houselaw of Anhalt-Dessau (1637) against unequal marriages wasunenforceable, because men were equal to each other by nature, thenatural liberty to marry could not be restricted, the princely rankbeing an element of public law could not be modified by privatecontracts, and that imperial confirmation did not make the house lawenforceable because it always contained an implicit reservation savingthe rights of others (). Moser (1775, 2:162-63) follows similararguments. Havingconcludedto the existence of a custom to the effect that marriages between theupperand lower nobility are not mismarriages, he derives the followingimplication. House laws that were formulated before the emergence of that customremainvalid, but now that such a custom exists, a clause making suchmarriages mismarriages would be invalid, as it would violate existinglaw andtherights of third parties (namely, the lower nobility which enjoys arightto marry the upper nobility). Another argument limiting the powerof such clauses is that only the original recipient of the fief orpossessorof the estate could place restrictions on its inheritability(Häberlin1793). Most jurists, however, recognized that the autonomy ofprincelyfamilies was wide-ranging, as it was grounded in their territorialsovereignty. It was also held by some that the approval of emperor was not requiredin principlefor such laws to be valid. On the other hand, without imperialapproval the changes of enforcing such laws through the Imperial courtswere diminished.


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The electors gathered in Frankfurt (with the exception of thedelegate from Bohemia, whose vote was suspended due to the successiondispute; thus excluding Maria Theresia). During theirnegotiations, they broached the topic of mismarriages, on January 5,1742. Brunswick and Saxony had both presented proposing an insertion in art. 22 §3. Trier said it was notopposed to the insertion but reserved the definition of what amismarriage was. Cologne expressed strong reservations, becausethe matter needed to be legislated upon, but proposed that the issue beraised with the Emperor by way of a collegial letter (). Bavaria opined that the matter was of great importance and that aregulation could not be made easily, therefore voted in favor of theinsertion. Saxony rebutted Cologne's position. Brandenburg agreed with the substance of the monitum, but expressedmisgivings about the fact that mismarriage was not defined in imperiallaws. Palatinate agreed with Bavaria, but also opined in favor ofthe collegial letter in addition to the insertion. Brunswickagreed in substance with Saxony. Mainz voted in favor of thecollegial letter. Afterwards Trier and Saxony agreed to thecollegial letter, and Saxony proposed to make the insertion clearer byinserting the words "unstreitig notorische Mißheirathen" in itsdraft. The electoral conclusum of the same day adopted themodified wording, and the draft of a collegial letter to the emperorasking that a more precise definition of mismarriages to resolvedoubtful cases be the subject of imperial legislation. (Moser120-22).

At any rate, the practical effect of Art. 22, §4 is toestablisha new legal norm binding on the emperor: he cannot grant to thechildrenof a mismarriage in the upper nobility the titles, honors anddignitiesof their father, much less declare them to be equal and entitled tosucceedto the detriment of the true heirs and without their explicit consent,and where this has already happened, such act is to be null and void(thislast part was specifically aimed at the Meiningen case). But thenew legal norm is not binding on all families. It protects themfromviolations of a standard, but does not compel them to adopt thatstandardfor themselves.

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Another practical difference lies in who could contract which typeof marriage. If local law explicitly provided for such contracts(as in Prussia), then anyone authorized to do so could make one, andthe legal consequences were clear. Mismarriages depended on theapplicable house law or custom, which proved often difficult toascertain.

New England Marriages Prior to 1700 [Clarence A

~Joey Adams

A question asked in a Surrey school exam went: "Why do cocks crow early every morning?" A twelve-year-old replied: "My dad says they have to make the most of it while the hens are asleep." ~Quoted in the , 1983

A man may be a fool and not know it, but not if he is married.

Torrey, Gary Boyd Roberts, Elizabeth P

A mismarriage also results when applicable laws (public laws, houselaws, or family customs) make an unequal marriage legally differentfroman equal marriage. If, for a given unequal marriage, theapplicablelaws (say, the house laws of the husband's family) state that suchmarriagesdo not have full effect, then it is so, whether or not or or bothspousesagree or say that they agree.

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~Walter Winchell

By the time you're his
Shivering and sighing,
And he vows his passion is
Infinite, undying
Lady, make a note of this:
One of you is lying.
~Dorothy Parker

Originally marriage meant the sale of a woman by one man to another; now most women sell themselves though they have no intention of delivering the goods listed in the bill of sale.