Innocent III, 1198-1216

loans his money on this proposition that without any agreement he nevertheless receive more by lot; and whether he is involved in that same state of guilt who, as it is commonly said, does not otherwise grant a similar oath, until, although without payment, he receives some gain from him; whether or not that negotiator ought to be condemned with a like punishment, who offers his wares at a price far greater, if an extension of the already extended time be asked for making the payment, than if the price should be paid to him at once. But since what one must hold in these cases is clearly learned from the Gospel of Luke in which is said: "Give mutually, hoping nothing thereby" [cf. Luke 6:35], men of this kind must be judged to act wrongly on account of the intention of gain which they have, since every usury and superabundance are prohibited by law, and they must be effectively induced in the judgment of souls to restore those things which have been thus received.

Gregory VIII 1187     Clement III 1187–1191 Celestine III 1191–1198

INNOCENT III 1198–1216

The Form of the Sacrament of Matrimony¹

[From the letter, "Cum apud sedem" to Humbert, Archbishop of Arles, July 15, 1198]

404. You have asked us whether the dumb and the deaf can be united to each other in marriage. To this question we respond to your brotherhood thus: Since the edict of prohibition concerning the contracting of marriage is that whoever is not prohibited, is consequently permitted, and only the consent of those concerning whose marriages we are speaking is sufficient for marriage, it seems that, if such a one wishes to contract (a marriage), it cannot and it ought not to be denied him, since what he cannot declare by words he can declare by signs.

[From the letter to the Bishop of Mutina, in the year 1200]²

Besides in the contracting of marriages we wish you to observe this: when, as in the present case legitimate agreement exists between legitimate persons, which is sufficient in such cases according to canonical sanctions, and if this alone is lacking, other things are made void, even