It Took One Decree and Two Witnesses to Make Marriage a Public FactThe Tametsi Decree · 11 November 1563, Trent
11 November 1563Council of Trent, Session 24Bossy 1985The consent doctrine settled by Pope Alexander III in the later twelfth century set the bar for marriage extraordinarily low: two people saying "I take you" in the present tense were married on the spot, with no priest, no witnesses and no parental consent required. Such "clandestine marriages" were illegal but valid—and since marriage carried inheritance and legitimacy with it, the church courts spent centuries drowning in cases nobody could prove.
On 11 November 1563, Session 24 of the Council of Trent passed the decree Tametsi: from then on a marriage had to be contracted before the parish priest and at least two witnesses, and entered in a register, or it was void. It was the first time canon law let a matter of form decide whether a marriage existed at all, and the opposition was loud—many theologians held that it stripped two people of the right to contract for themselves. The Protestant side took another route: Luther called marriage "a worldly thing" in 1530, and the German territories set up marriage courts instead. England, having broken with Rome, left the hole open until the Hardwicke Marriage Act of 1753, and in the meantime a trade in unlicensed weddings grew up around London's Fleet Prison.
Without Tametsi, inheritance would have rested for centuries on spoken promises no court could verify. John Bossy's Christianity in the West 1400–1700 (1985) reads it as a shift of power: marriage stops being the business of the family and the neighbours and becomes the business of the parish. Diarmaid MacCulloch's Reformation (2003) stresses that it narrowed women's position—a private promise had once been a usable claim, and afterwards a woman without a ceremony had nothing. The dispute is over who gains: does provability shelter the weaker party, or the party who controls the ceremony?
Legal recognition for cohabitation and common-law partnership turns on the identical question: when an unregistered relationship goes wrong, what can either side actually prove?