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(translations by John T. Noonan, Jr.; I believe unpublished)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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