Consent in Marriage. By the twelfth century, European civilization had been transformed from a tribal to a feudal system. One profound change during this process, which affected all aspects of society, was the assertion of the rights of the individual as expressed in necessity for "consent" by the parties entering into marriage. In the course of establishing this fundamental norm, the Church found itself in a great struggle with the landed aristocracy, who used arranged marriage and family ties to build alliances and extend power. The development of medieval law, both canon (Church) and civic, played a major part in disciplining medieval practices. New notions of freedom of choice, marital affection, and—above all—personal consent resulted in a new model for marriage, which evolved into a sacrament based on mutual consent between two people, with the community and Church serving as witnesses.

Kinship and Marriage...