goodfielder wrote:"What about the Romans then?"
Although Roman code was a basis for some law in pre-Napoleonic Europe, the full legal panoply was not in place. Even among the Romans, marriage was concerned with securing rights in property. In the atmosphere of Europe before the rise of modern representative democracy, with customary laws concerned with rights in property and marriage controlled by established churches, the civic regulation of such an institution was unnecessary. As late as the beginning of the 20th century, English demographers found that the majority of reproductive couples were not married. There was insufficient property to be considered in most cases. America was different, because for the first time in the history of European people, the majority of the adult population became land owners. Rights in property were more crucial than was the case with the factory workers of Salford or Lille.
During the Protestant Reformation, the catalogue of sacraments was severely curtailed. Martin Luther not only recognized only two sacraments--baptism and the Lord's supper--he spoke against marriage as a sacrament. The Calvinists and the Church of England adopted a similar attitude. So, when the churches of colonial America were disestablished after the Revolution, and with so much of the population concerned with rights in property, a civil remedy for the contractual arrangement became an important concern. During the French Revolution, the Civil Constitution of the Clergy became the undoing of the left--it fostered continual strife and counter-revolution. Napoleon's 1802
Concordat with the Pope ended much of that strife, and therefore, with the promulgation of the Civil and Criminal Codes after 1804, statutory establishment of marriage (along the lines of Napoleon's socially conservative values) was necessary in France as well. It was only gradually that the necessity for such an institution spread to the rest of Europe, and it was many years before the necessity to secure rights in property were of any importance to the majority of the population.