avour of marriage and its
indissolubility. Thus, Gratian remarks[380]: "Clandestine marriages are,
to be sure, contrary to law; nevertheless, they can not be dissolved."
The reason for forbidding them was perfectly reasonable: one party might
change his or her mind and there would be no positive proof that a
marriage had taken place, so that a grave injury might be inflicted on
an innocent partner by an unscrupulous one who desired to dissolve the
union.[381] Yet the marriage by consent alone without any of the
ceremonies or the blessing of the priest was perfectly valid, though not
"according to law" (_legitimum_), and could not be dissolved.[382] Not
until the great Council of Trent in 1563 was this changed. At that time
all marriages were declared invalid unless they had been contracted in
the presence of a priest and two or three witnesses.[383]

[Sidenote: Protection to women.]

The Church is seen in its fairest light in its provisions to protect the
wife from sexual brutality on the part of her husband, and it deserves
high praise for its stand on such matters.[384] Various other laws show
the same regard for the interests of women. A man who was entering
priestly office could not cast off his wife and leave her destitute, but
must provide living and raiment for her.[385] Neither husband nor wife
could embrace the celibate life nor devote themselves to continence
without the consent of the other.[386] A man who cohabited with a woman
as his concubine, even though she was of servile condition or
questionable character, could not dismiss her and marry another saving
for adultery.[387] Slaves were now allowed to contract marriages and
masters were not permitted to dissolve them.[388]

[Sidenote: Divorce.]

It has always been and still is the boast of the Roman Catholic Church
that it has been the supreme protector of women on account of its stand
on divorce. Says Cardinal Gibbons[389]: "Christian wives and mothers,
what gratitude you owe to the Catholic Church for the honorable position
you now hold in society! If you are no longer regarded as the slave, but
the equal, of your husbands; if you are no longer the toy of his
caprice, and liable to be discarded at any moment; but if you are
recognised as the mistress and queen of your household, you owe your
emancipation to the Church. You are especially indebted for your liberty
to the Popes who rose up in all the majesty of their spiritual power to
vindicate the ri