Neišsipildžiusios viltys: skundai dėl nutrauktų sužadėtuvių Vilniaus vyskupijos konsistorijoje XVIII a. antroje pusėje

LTReikšminiai žodžiai: Antroji XVIII a. pusė; Bažnytinis teismas; Kanonų teisė; Katalikiška santuoka; Laisva valia; Nutrauktų sužadėtuvių bylos; Pažadas vesti; Sužadėtuvės; Vilniaus diocezija; Vilniaus diocezijos konsistorija; Vilniaus vyskupijos konsistorija; Betrothals; Canon law; Cases of cancelled betrothals; Catholic marriage; Church court; Consistory of Vilnius diocese; Consistory of the Vilnius diocese,; Free will; Promise to marry; Second half of the 18th century; Vilnius diocese.

ENRelying on the up to now sparsely in Lithuania’s historiography used complex of sources of the Consistory of the Vilnius diocese, the article analyzes the cases about cancelled betrothals judged in this court in the second half of the 18h century. In this category are included not only those cases when there were concrete agreements between both sides about the future weddings, but also seductions after making a promise to marry. As the carried out investigation showed in one or another case the church court first of all sought to confirm the main principle of Catholic marriage – free will. Relying on the Catholic marriage doctrine, the formation of a marriage on a free will basis was an essential condition for the validity of the marriage itself, so therefore any coercion forming the marriage was in essence an action making it void. Therefore, in the cases of both seduction as well as of cancelled betrothals in the narrow sense, first of all one sought to adopt such a judgement, which primarily would not injure the conditions of this fundamental marriage. In the decisions adopted in the second half of the 18th century one can see that the seducers usually were not forced to marry their seduced women, but could choose – either to marry or to ensure the material welfare of children born from such relations. The same principle was held also in settling disputes over cancelled betrothals – the pressure to fulfill earlier promises was avoided. One can believe that such a meagre from the point of view of the Church assigned value of betrothals should have been tied to the for a long time spread opinion in historiography according to which in the long term the value of civil agreements related to marriage decreased in facie ecclesiae in regard to formed marriages. [From the publication]

• Teisė / Law
• Istorija / History