medieval-religion: Scholarly discussions of medieval religion and culture
Prof. Martin brings up an interesting issue: when questions such as the
marriage issue under discussion came up in the MA, as cases to be decided
(such as annulment of marriages in the eccles. courts today), what was
considered an authority? Today, I presume reference is had to the current
code of canon law, whereas Augustine's views would not take precedence, nor
would "majority opinion" (in deciding an annulment case for instance). My
amateur's understanding is that Gratian had a certain preeminence in the
high and later MA as a canonical authority, but perhaps others could speak
on this.
John W.
>-----Original Message-----
>From: Scholarly discussions of medieval religion and culture
>[mailto:[log in to unmask]] On Behalf Of Dennis Martin
>Sent: Tuesday, September 28, 2004 4:51 PM
>To: John Wickstrom
>Subject: Re: saints of the day 27. September
>
>medieval-religion: Scholarly discussions of medieval religion
>and culture
>
>But Gratian's position is a minority position when viewed in
>light of Lombard, Augustine, later canonists?
>
>Dennis Martin
>
>>>> [log in to unmask] 09/28/04 2:37 PM >>>
>medieval-religion: Scholarly discussions of medieval religion
>and culture
>
>Fr. Ambrose--
>
>Here's my attempt to explain the relevant medieval canon law on
>marriage:
>
>Gratian begins with the necessity of consent for a marriage,
>citing Roman law and Isidore ("They are truly called married
>after the first pledge of betrothal, although conjugal
>intercourse is as yet unknown to them" (Etymologies IX.7;
>Decretum C.27 q.2 c.6). The BVM is married because of
>"consent to cohabitation and the keeping of an undivided way
>of life" (quoting Augustine; C.27 q.2 c.3).
>
>Then he cites authorities to prove that sex is necessary for a
>marriage: "There is, I say, no doubt that a woman has not
>entered marriage, if there has been no sexual intercourse"
>(quoting Augustine;
>C.27 q.2 c.16) and "Since the marriage community was so
>instituted from the beginning that, without sexual
>intercourse, marriage does not contain the Sacrament of Christ
>and the Church, there is no doubt that a woman who has not
>experienced the nuptial mystery has not entered marriage"
>(quoting Pope Leo; C.27 q.2. c.17). The "one flesh" of Gen.
>2:24, as understood in Mt. 19:3-9, and Ep. 5:31-32, appears to
>be the main scriptural support.
>
>Gratian reconciles these this way: "It must be understood that
>marriage is begun by betrothal and consummated by intercourse.
> Hence between the betrothed there is marriage, but only as to
>its beginning; between the joined, there is a ratified
>marriage" (d.G.a. C.27 q.2 c.35). The BVM does not have a
>complete marriage in this way, but does when considering the
>"things which accompany it, that is, fidelity, offspring, and
>sacrament" (citing Augustine, On the Good of Marriage I.11;
>d.G.a. C.27 q.2 c.40).
>
>My guess to your question: As the unity of Christ and the
>Church is connected to becoming one flesh (Ep. 5:31-32), for
>marriage to be an image of this unity, it ought to be
>consummated in the flesh. (Note, however, that Augustine
>calls the BVM's marriage a sacrament, even without this
>fleshly consummation.) I imagine that the Orthodox would say
>that the grace comes in the prayer and blessing of the priest
>upon the couple, and thus is unconnected to sex. In the West,
>the couple administer the sacrament to each other (no priest
>necessary).
>
>
>Hope that's somewhat helpful, at least.
>
>--Jonathan Hall
>(translations by John T. Noonan, Jr.; I believe unpublished)
>
>On 28 Sep 2004, at 3:52 AM, [log in to unmask] wrote:
>
>> medieval-religion: Scholarly discussions of medieval religion and
>> culture
>>
>> ----- Original Message -----
>> From: "Bill East" <[log in to unmask]>
>>
>>> It's all very well to be ideal and saintly, but if they never
>>> consummated it, they never were married. They had grounds for an
>>> annulment.
>>
>> Dear Oriens,
>>
>> As you know I am an Easterner and I have never ever understood the
>> peculiar belief of the Church of Rome that God withholds the
>> matrimonial grace until the moment when He observes some physical
>> mingling of bride and groom on the
>> sheets. What is the history of the development of this requirement
>of
>> physical consummation for RC marriage? Canon law?
>>
>> Fr Ambrose
>> ---
>>
>
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