Indian marriage before and after the Council of Trent: from pre-Hispanic marriage to Christian marriage in New Spain

This article, based on the canonical norms and the manuals for parish priests in its various modal- ities, analyses the problems of assimilating marriage practices among Indians, as well as the discussions and the solutions adopted by the first canonists of New Spain. These relied on natural law, can...

Full description

Saved in:  
Bibliographic Details
Main Author: Zaballa Beascoechea, Ana de 1958- (Author)
Format: Electronic Article
Language:English
Check availability: HBZ Gateway
Journals Online & Print:
Drawer...
Fernleihe:Fernleihe für die Fachinformationsdienste
Published: Vittorio Klostermann GmbH 2019
In: Rechtsgeschichte
Year: 2019, Volume: 27, Pages: 90-104
Standardized Subjects / Keyword chains:B India / Marriage / Tridentinum (1545-1563 : Trient)
IxTheo Classification:SA Church law; state-church law
SB Catholic Church law
Online Access: Presumably Free Access
Volltext (Resolving-System)
Description
Summary:This article, based on the canonical norms and the manuals for parish priests in its various modal- ities, analyses the problems of assimilating marriage practices among Indians, as well as the discussions and the solutions adopted by the first canonists of New Spain. These relied on natural law, canon law and indigenous legislation. At the same time, through the pastoral practice gathered in the aforementioned sources, what can be shown is the adaptation of the doctrine on Catholic marriage to the local and particular aspects of indigenous reality, the permanence of pre-Hispanic customs, as well as the incorporation of certain corrupt European practices, such as clandestine marriage. What emerges is an active indigenous population who showed initiative regarding the prevailing legal culture and everything that could be useful for them in the new established order.
ISSN:2195-9617
Contains:Enthalten in: Rechtsgeschichte
Persistent identifiers:DOI: 10.12946/rg27/090-104