medieval-religion: Scholarly discussions of medieval religion and culture
The long answer to Brenda's question about consummation in medieval
canon law:
This question is explored in C.27 q.2 of Gratian's _Decretum_. It
seems that consummation is required (because of the "one flesh" of
Genesis 2 and Matthew 19 and the sacramental union of Ephesians 5),
but one then wonders about the Blessed Virgin Mary and Joseph.
The case begins with the basic definition as summarized by Isidore:
"They are truly called married after the first pledge of betrothal,
although conjugal intercourse is as yet unknown to them" (Etymologies
9.7; quoted in C.27 q.2 c.6).
On the other hand, Augustine writes, "There is, I say, no doubt that
a woman has not entered marriage, if there has been no sexual
intercourse" (C.27 q.2 c.16). Pope Leo adds that marriage without
sex does not contain the Sacrament of Christ and the Church (C.27 q.2
c.17).
Augustine still holds that the parents of Christ were legitimately
married: "Therefore, the whole good of marriage was complete in the
parents of Christ: fidelity, sacrament, and offspring. The offspring
was the Lord himself; fidelity because there was no adultery;
sacrament because there was no divorce. Only nuptial intercourse was
lacking, because with sinful flesh this could not have occurred
without the shameful fleshly concupiscence that results from sin, and
he without sin wished to be conceived without that" (On the Good of
Marriage 1.11; quoted in C.27 q.2 c.10).
Gratian's conclusion is that "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).
And again: "One is called a spouse from the first pledge of his word,
not because one becomes married through the betrothal, but because
the fidelity, which each gives the other by their word, will later
render them married" (d.G.p. C.27 q.2 c.45).
To simplify, betrothal (that is, marriage without consummation) is a
ratified marriage, and cannot be undone simply by request of one or
even both parties. There are ways this can be done (e.g., if the man
cannot have sex, the woman is allowed to marry another as long as she
proves (!) this to be true, but the man cannot marry again (C.27 q.2
c.29)). This sounds the same as modern canon law.
--Jonathan
Note: Translations are by John T. Noonan, Jr., copyright 1967
(published for class use).
On 23 Jun 2005, at 9:59 AM, Dr. Gordon Arthur wrote:
> medieval-religion: Scholarly discussions of medieval religion and
> culture
>
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
>
> Nancy McKenna wrote:
>
>> medieval-religion: Scholarly discussions of medieval religion and
>> culture
>>
>>> Ms Brenda M. Cook wrote:
>>> <snip>
>>>
>>>
>>>> I have always understood that non-consummation does not make a
>>>> marriage
>>>> VOID (that is, a no no right from the start) but only VOIDABLE
>>>> (that is,
>>>> it can be annulled if either or both parties desire it)
>>>>
>>>> Can any expert on canon law correct me if I'm wrong ?
>>>>
>>>> BMC
>>>>
>>>
>>> I'm pretty sure that's right. It has certainly been true since
>>> 1917, and
>>> it seems to have been true as far back as I can trace it.
>>> Gordon
>>>
>>
>> However, isn't an annulment a proclamation that the marriage was
>> invalid
>> from the start? So, by there being no consumation, the marriage is
>> therefore invalid as the three parts of a valid sacramental
>> marriage were
>> not fulfilled (baptism, consent, consummation)?
>>
>> Nancy
>>
>
> I can only speak for the current position on this: I lack the
> resources to
> discuss the mediaeval position in this detail.
>
> Canon 1061 section 1 reads: "A valid marriage between baptised
> persons is
> said to be merely ratified, if it is not consummated; ratified and
> consummated , if the spouses have in a human manner engaged
> together in a
> conjugal act in itself apt for the generation of offspring: to this
> act
> marriage is by its nature ordered and by it the spouses become one
> flesh."
>
> This indicates that an unconsummated marriage can still be valid.
> As far as
> Canon Law is concerned, only baptism and consent are required for
> validity.
> With consummation, the marriage becomes indissoluble.
>
> Canon 1142 allows for a dissolution (not an annulment: I concede that
> point), where there is other just cause. This allows both parties to
> remarry. However, the marriage does not become void until one or both
> parties request(s) it.
>
> Gordon
>
> - -------------------------------------------------------------
> Dr. Gordon Arthur | Orthodoxy is my doxy; heterodoxy is
> [log in to unmask] | another man's doxy. (Bishop Warburton)
> - -------------------------------------------------------------
> http://www.ecumenist.org/
> - -------------------------------------------------------------
**********************************************************************
To join the list, send the message: join medieval-religion YOUR NAME
to: [log in to unmask]
To send a message to the list, address it to:
[log in to unmask]
To leave the list, send the message: leave medieval-religion
to: [log in to unmask]
In order to report problems or to contact the list's owners, write to:
[log in to unmask]
For further information, visit our web site:
http://www.jiscmail.ac.uk/lists/medieval-religion.html
|