Paternal authority has declined more rapidly in some countries than in others. The process has been especially slow in France. In the literature of the eleventh century, says M. Bernard, the paternal character is “everywhere honoured, and filial piety everywhere praised and rewarded. In the romances of chivalry fathers are never ridiculous; nor sons insolent and mocking.... Above the majesty of the feudal baron, that of the paternal power was held still more sacred and inviolable. However powerful the son might be, he would not have dared to outrage his father, whose authority was in his eyes always confounded with the sovereignty of command.”[1474] This respect exercised a tyrannical dominion for centuries. Du Vair remarks, “Nous devons tenir nos pères comme des dieux en terre.”[1475] Bodin wrote, in the later part of the sixteenth century, that, though the monarch commands his subjects, the master his disciples, the captain his soldiers, there is none to whom nature has given any command except the father, “who is the true image of the great sovereign God, universal father of all things.”[1476] In the Duke of Sully’s ‘Memoirs’ we read that, in his days in France, children were not permitted to sit in the presence of their parents without being commanded to do so.[1477] According to the edicts of Henry III. (1566), Louis XIII. (1639), and Louis XIV. (1697), sons could not marry before the age of thirty, nor daughters before that of twenty-five, without the consent of the father and mother, on pain of being disinherited.[1478] Speaking of the women among the nobility and upper classes in France during the eighteenth century, Messrs. de Goncourt remark, “Généralement le mariage de la jeune fille se faisait presque immédiatement au sortir du couvent, avec un mari accepté et agréé par la famille. Car le mariage était avant tout une affaire de famille, un arrangement au gré des parents, qui décidaient des considérations de position et d’argent, des convenances de rang et de fortune. Le choix était fait d’avance pour la jeune personne, qui n’était pas consultée.”[1479]
Even now French law accords considerable power to parents. A child cannot quit the paternal residence without the permission of the father before the age of twenty-one except for enrolment in the army.[1480] For grave misconduct by his children the father has strong means of correction.[1481] A son under twenty-five and a daughter under twenty-one cannot marry without the consent of their parents;[1482] and, even when a man has attained his twenty-fifth year, and the woman her twenty-first, both are still bound to ask for it, by a formal notification.[1483] Parental restraints upon marriage exist to a very great extent in Germany and Holland also, the marriage of minors being absolutely void, if effected without the consent of the father, or of the mother if she be the survivor. According to American, Scotch, and Irish law, on the other hand, the consent of parents and guardians to the marriage of minors is not requisite to the validity of the union. The same was the case in England prior to the statute of 26 Geo. II. c. 33, which declared all marriages by license, when either of the parties was under the age of twenty-one years, if celebrated without publication of banns, or without the consent of the father or unmarried mother, or guardian to be absolutely null and void.[1484]