Folio 186

Alexander III, 1159-1181

printed p. 154 · pdf p. 186

more or less value at the time of payment. And so your citizens would look well to their own interests, if they would cease from such a contract, since the thoughts of men cannot be hidden from Almighty God.

The Bond of Matrimony1

[From the letter "Ex publico instrumento" to the Bishop of Brescia, of uncertain time]

395. Since the aforesaid woman, although she has been espoused by the aforesaid man, yet up to this time, as she asserts, has not been known by him, in instructing your brotherhood through Apostolic writings we order that if the aforesaid man has not known the said woman carnally and this same woman, as it is reported to us on your part, wishes to enter religion, after she has been made sufficiently mindful that she ought either to enter religion or return to her husband within two months, you at the termination of her objection and appeal absolve her from the sentence (of excommunication); that if she enters religion, each restore to the other what each is known to have received from the other, and the man himself, when she takes the habit of religion, have the liberty of passing over to other vows. Certainly what the Lord says in the Gospel: "It is not permitted to man unless on account of fornication to put away his wife" [Matt. 5:32; 19:9], must be understood according to the interpretation of the sacred words concerning those whose marriage has been consummated by sexual intercourse, without which marriage cannot be consummated, and so, if the aforesaid woman has not been known by her husband, it is permissible (for her) to enter religion.

[From fragments of a letter to the Archbishop of Salerno, of uncertain time]

396. After legitimate consent in the present case it is permitted to the one, even with the other objecting, to choose a monastery, as some saints have been called from marriage, as long as sexual intercourse has not taken place between them. And to the one remaining, if, after being advised, he is unwilling to observe continency, he is permitted to pass over to second vows; because, since they have not been made one flesh, it is quite possible for the one to pass over to God, and the other to remain in the world.2

  1. CIC Decr. Greg. III, 32, 7: Frdbg II 581; Rcht II 559; Jf 13787;—III. 32, 2: Frdbg II 579; Rcht II 558; Jf 14091;—IV, 4, 3: Frdbg II 681, Rcht, II 656. ↩

  2. The same holy Pontiff in a letter to the Bishop of Poitiers (of uncertain date) [CIC Decr. Greg. IV, 13, 2] decided that a valid marriage, not consummated [or, as it is called in CIC l.c., "a betrothal of the future"] is dissolved by a subsequent affinity. Innocent III, however, in a letter to the prefect of Magdeburg in the year 1200 [CIC Decr. Greg. IV, 13, 6] clearly denies the dissolubility of such a marriage, valid but not consummated. ↩