Title IX: On the Marriage of Slaves

Latin source headnote: A slave can contract marriage when his lord contradicts it; but on account of this he is not freed from the services owed to his lord.

Adrian, to the Archbishop of Sancteburg.

It is worthy and does not disagree with the path of reason that those matters which appear to contain within themselves a scruple of doubt be referred to the judgment of the Apostolic See, so that from that source the faithful of Christ may rejoice that they find certainty in doubtful matters from which they are known to have received the teaching authority of the faith. But your fraternity, if we remember well, asked our apostolate what ought to be done concerning marriages of slaves which are contracted when their lords are unwilling and contradict them; concerning this we considered that this response should be made to you. Indeed, according to the word of the Apostle, as your discretion recognizes, just as in Christ Jesus there is neither free person nor slave who is to be removed from the sacraments of the Church, so also marriages among slaves ought not in any way to be prohibited. And, if they were contracted when their lords contradicted and were unwilling, they are for this reason by no means to be dissolved by ecclesiastical judgment; nevertheless, the owed and customary services ought no less to be rendered to their own lords.

Latin source headnote: A marriage is separated when a free man unknowingly contracted with a female slave, unless afterward, knowing this, he knew her carnally.

Alexander III, to the Provost and Prior of Mortara.

The woman M., bearer of the present letters, proposed to us that, after her husband had remained with her for a rather long time, he cast against her the reproach of servile condition, asserting that she was a female slave whom he believed to be free when he took her as wife. But when a matter of this kind was being treated in the presence of our venerable brother the Bishop of Asti, the woman, because she feared that she would be burdened there, appealed to our hearing. Therefore, because after a little delay the aforesaid man withdrew with the suit unshaken, while both she and her husband were living, through apostolic writings We order your discretion that, when you have been required on account of this, you summon the parties before your presence and, after the truth concerning these matters has been investigated more diligently, if it is established to you that the same man knew the aforesaid woman carnally after he heard that she was a female slave, after prior admonition you compel him to receive her as wife and to treat her with marital affection. But if it was otherwise, and it happens that a sentence of separation is pronounced, cause the money that the woman granted to the aforesaid man as dowry to be restored to her, as shall be just.

Latin source headnote: If the custom in the place is that offspring follow the condition of the father, one born from a free man and a female slave is free, and contracts marriage as a free person.

Urban III, to the Bishop of Rimini.

Although we judge you sufficient for those matters concerning which your fraternity wished to consult us, nevertheless, because with pastoral solicitude you seek our judgment for greater certainty, we respond to your inquiries by the duty of our office. Indeed, concerning the matter which was proposed on your part, whether a woman can seek judicial separation because the man with whom she contracted, in ignorance of his condition, is alleged to be a slave of a monastery, while on the contrary the same man steadfastly affirms that his father, whose condition he would follow according to the laws of the province, conducted himself as a free man at the time of his death, and that, with a decade now elapsed, he suffered no controversy of status either in the name of his father or in his own name, it appears to us that, by reason of time and in favor of liberty, judgment is more safely to be given for the man’s side. [To these things, etc. (Compare chapter 4, On the Religious Houses, III. 36.)]

Latin source headnote: If a free man contracted with a female slave unknowingly and, from the time he knew, did not consent, the marriage is separated, and he will be able to contract with others.

Innocent III, to Bishop H.

You should know that it has come to our hearing that our beloved son G., cardinal priest of the title of Saint Mary in Trastevere, legate of the Apostolic See, separated our beloved son, the noble man R., a knight, from a certain woman on account of an error of condition. Therefore, through apostolic writings we order your fraternity that you investigate the truth concerning these things more diligently and, if it is established to you that the same knight unknowingly contracted with a female slave, in such a way that, after he understood her condition, he consented to her neither by deed nor by word, on account of which he was separated from her consortium by the same cardinal, by apostolic authority grant him the free faculty of contracting with another.