Discurso Sobre a Inutilidade dos Esponsaes dos Filhos Celebrados...
by Rebello, Bartholomeu Coelho Neves
1773. Betrothals Are Illicit Without Parental Consent, Whatever the Jesuits Say Rebello, Bartholomeu Coelho Neves. Discurso Sobre a Inutilidade dos Esponsaes dos Filhos Celebrados sem consentimento dos Pais; Em que se Mostra ser elle de Direito Divino, Natural, das Gentes, Canonico, Patrio, E Civil de Todos os Povos da Europa. E se Mostra Offensiva de Todos Estes Direitos a Doutrina dos Jezuitas, que Propunhao Huma Illimitada Liberdade a Este Respeito, Asseverando Serem Indignas de se Observarem as Leis dos Principes Catholicos, Que Determinao Esta Necessidade. Dedicado ao Ilmo. E Exmo. Senhor Marquez de Pombal, Conde de Oeyras, Senhor das Vendas Novas, do Conselho de Sua Magestade Fidelissima, E Seu Primeiro Ministro de Estado, &c. &c. &c. Lisbon: Off. do Francisco Sabino dos Santos, 1773. [x], xvii, , 231,  pp. Half-title lacking. Octavo (6-1/4" x 3-3/4"). Contemporary mottled sheep, blind fillets and gilt-stamped title to spine, speckled edges. Moderate rubbing to extremities, a few light scuffs to boards, spine abraded with wear to ends, front joint partially cracked. Moderate toning to text, somewhat heavier in places, faint dampstaining to a few leaves. * Only edition. Rebello argues that betrothals are not legal without parental consent. In the dedication to the Marques de Pombal and the Proemio, the author refers to the "relaxada Moral Jezuitica" and notes that allowing disobedience to parents in matters such as betrothals (which Jesuits such as Sanches and Molina advised) might well also encourage disobedience to the king. As a magistrate, Rebello had been involved in several cases of such illicit betrothals. He reviews the writings of Church Fathers, papal bulls, and Councils on this matter, and on pp. 170-218, reviews the laws in Spain, France, Germany, Prussia, Holland and Italy. Porbase contains a record with an incorrect publication date of 1755. OCLC locates 3 copies, 2 in North America (Newberry Library, UC-Berkeley Law School). Not in Ferreira-Ibarra. (Inventory #: 65074)
Law & Legal History, International Law, Trials, Americana, Criminology, Early Printed Law Books, Legal Ephemera, Manuscripts: Law, Political Science
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