Innocent III, 1198-1216

if sexual intercourse itself has taken place, if persons legitimately married afterwards actually contract (marriage) with others, what before had been done according to law cannot be annulled.

On the Bond of Marriage and the Pauline Privilege ¹

[From the letter "Quanto te magis" to Hugo, Bishop of Ferrara, May 1, 1199]

405. Your brotherhood has announced that with one of the spouses passing over to heresy the one who is left desires to rush into second vows and to procreate children, and you have thought that we ought to be consulted through your letter as to whether this can be done under the law. We, therefore, responding to your inquiry regarding the common advice of our brothers make a distinction, although indeed our predecessor seems to have thought otherwise, whether of two unbelievers one is converted to the Catholic Faith, or of two believers one lapses into heresy or falls into the error of paganism. For if one of the unbelieving spouses is converted to the Catholic faith, while the other either is by no means willing to live with him or at least not without blaspheming the divine name or so as to drag him into mortal sin, the one who is left, if he wishes, will pass over to second vows. And in this case we understand what the Apostle says: "If the unbeliever depart, let him depart: for the brother or sister is not subject to servitude in (cases) of this kind" [I Cor. 7:15]. And likewise (we understand) the canon in which it is said that "insult to the Creator dissolves the law of marriage for him who is left." ²

406. But if one of the believing spouses either slip into heresy or lapse into the error of paganism, we do not believe that in this case he who is left, as long as the other is living, can enter into a second marriage; although in this case a greater insult to the Creator is evident. Although indeed true matrimony exists between unbelievers, yet it is not ratified; between believers, however, a true and ratified marriage exists, because the sacrament of faith, which once was admitted, is never lost, but makes the sacrament of marriage ratified so that it itself lasts between married persons as long as the sacrament of faith endures.