ABSTRACT
Civil marriage began to fall into decay in the thirteenth century. Legitimation of children was possible by the subsequent marriage of their parents, by imperial rescript, or by payment to the curia. The marriage was often effected by proxy, the office being usually undertaken by a relative of the bridegroom. The old Roman marriage by usus was acknowledged by the canonists, and to its retention we probably owe the possibility of the marriage of affection. In Florence, a statute required marriage in church, because that was the most public place, but at Siena it became an increasing habit to give the required consent in private houses, and a notary was called in because life was uncertain, the witnesses, if few in number, might die, and a great gathering of witnessing guests was not only inconvenient and expensive but forbidden by law.
