Title XIII: On One Who Knew a Blood Relative of His Wife or Betrothed Woman

Latin source headnote: Affinity supervening after marriage has been contracted does not dissolve the marriage, but impedes the exaction of the debt, and the crime of incest makes one incapable as regards contracting marriage.

From the Council at Metz.

If anyone knowingly fornicates with his stepdaughter, he can neither seek the debt from the mother nor ever have the daughter as wife; neither the stepdaughter nor he will ever at any time be able to join themselves to another in marriage. Nevertheless, his wife, if she so wishes and cannot contain herself, can marry another if, after she learned that her husband had been in adultery with her daughter, she did not have carnal commerce with him.

Latin source headnote: Affinity supervening through illicit intercourse dissolves betrothals of the future, but not marriage; and an incestuous person cannot contract.

Alexander III, to the Bishop of Poitiers.

Coming to us, P., bearer of the present letters, presented to us the letters of your fraternity, from the tenor of which we perceived that he had taken a certain woman as wife, whom certain persons dissuaded him from knowing carnally for one month from the time he took her. But it happened, as he said, that the father ordered his wife, who was the mother of the bride, to lie in this man’s bed, and at the devil’s suggestion he knew her. But after the month had passed, both the father and other relatives compelled him to consummate marriage with his bride, which he was unwilling to do until he spoke with you concerning this. But you, having heard his confession, transmitted him with your letters to the Apostolic See, [consulting whether he ought to have as wife her whose mother he had known, and what penance was to be enjoined upon him.] We respond to your inquiry in this manner: if a sin of this kind were secret, he could not dissolve the marriage which he had contracted publicly. But if it is public that he knew the mother of his bride and never adhered carnally to the bride, penance a little greater than that for adultery is to be imposed upon him; after it, or part of it, has been performed, by dispensation he will be able to contract marriage with another, and she to marry another, and the bride’s father, if he wishes, can dissemble the deed. But if he knew the bride before the mother or afterward, he can never take her or another as wife.

Latin source headnote: A marriage is not separated upon the statement of one person asserting that affinity between the spouses preceded it.

The same.

But concerning him who proposed that he had known the wife of his own brother before she was joined to him in marriage, we respond this to your prudence: unless this was public and notorious or proved by suitable witnesses, do not permit him to attack the aforesaid marriage on that occasion. But concerning that which you assert, that a certain Saracen received sons from a Christian woman whom he had retained for fourteen years, we have considered that this response should be made to your discretion: both the Saracen and the woman are to be punished with grave chastisement for so great a transgression.

Latin source headnote: An incestuous man ought not to contract marriage; but, if he contracts, it holds. And then he is bound to render the debt, but cannot exact it; and he is no less bound to administer necessities to his wife.

Celestine III.

Your letters transmitted to us demonstrated that G., bearer of the present letters, after his wife died, knew by carnal union her daughter, namely his own stepdaughter; but afterward, taking another lawful woman as wife, he did not fear to commit an illicit thing no longer secretly with the aforesaid stepdaughter but publicly, returning like a dog to its vomit. But because you sought counsel concerning these matters, by the counsel of our brothers we respond on the present page that, while cohabiting with and supplying necessities to his own lawful wife, he is not to know her for as long as he lives unless he is required by her, and then he is to approach her not without grave sorrow of his own heart; and he is also to do penance for the incest and adultery according to the moderation of your judgment for as long as he remains with her; afterward, if he survives her, he will remain perpetually without hope of marriage.

Latin source headnote: A marriage is not separated upon the confession of spouses who say that affinity preceded it, even if the report of the neighborhood agrees. And this is a highly citable and notable case.

The same.

Concerning that indeed which you ask, whether a married man who before contracting marriage knew by carnal commingling a blood relative or relation of his wife, when each confesses it and some part of the neighborhood is said to cry this out, is to be separated from his wife by the judgment of the Church, we respond to your fraternity that, if the truth could not otherwise come to light by ordinary judgment, he ought not to be separated merely on account of their confession or the report of the neighborhood, since sometimes certain persons wish to collude with one another against a marriage and would easily leap to a confession of incest if they believed that recourse would be had to the judgment of the Church upon their own judgment. But the report of the neighborhood is not to be judged so valid that, unless reasonable and trustworthy proofs are added, a marriage well contracted can be annulled. [In the third place, etc. (Compare chapter 3, On Presumptions, II. 23.) Given at the Lateran.]

Latin source headnote: Supervening affinity does not dissolve betrothals of the present.

Innocent III, to the Provost of Magdeburg.

We commend your discretion in the Lord because in those matters which you reckon doubtful or obscure you consult the Apostolic See, so that henceforth you may proceed in them by its authority. Indeed, it was proposed on your part in our hearing that a certain [man] lawfully contracted through words of the present with a certain woman, whom he afterward, without having known her, handed over to a certain blood relative of his, while she resisted as much as she could. But the latter celebrated the solemnities of marriage with her, although she was unwilling; but, as soon as the woman was restored to liberty, she fled from him and with insistence petitioned that she be restored to the former man, or the former man to her. We therefore respond to your inquiry in this manner: both is grave penance to be enjoined upon the man for so shameful a crime, and is the woman herself to be solicitously admonished on account of public honesty that she neither seek again the first man, whose blood relative knew her, although unwilling, nor return to the second, with whom she cannot commingle on account of the guilt of adultery, but remain in continence until the first has entered the way of all flesh. But if perhaps she cannot be induced to this, the first man is to be compelled to return to her and treat her with marital affection, since he who handed her over to be adulterously used, especially while unwilling, cannot object adultery to her. For although according to evangelical truth neither husband can ever dismiss wife nor wife husband except for the cause of fornication, nevertheless husband or wife cannot always dismiss the other for that same cause, since this can be impeded by a lawful exception or replication. Nor ought the affinity wrongfully contracted between husband and wife after the marriage was lawfully contracted prejudice her who does not exist as a participant in wrong of this kind, since she ought not to be deprived of her right without her own fault; although it is said that a certain predecessor of ours distinguished in a similar case whether the incest or adultery was namely manifest or secret, while others assert that a distinction is rather to be made between a proximate and a remote degree.

Latin source headnote: Carnal union had with a girl of seven years dissolves a marriage afterward contracted with her blood relative. This the chapter says according to one understanding.

The same, to the Archbishop of Besançon.

To your fraternity consulting the Apostolic See concerning three articles, to whose counsel recourse is to be had by all the faithful in doubtful matters, we respond through the present writings. In the first, We approve the sentence of separation which you canonically promulgated against him who afterward presumed to join to himself her whose sister, still seven years old, after betrothals had been contracted, he is known previously to have polluted with extraordinary lust. [The priests, etc.; compare chapter 6, On Clerics Who Have Been Excommunicated, V. 27. Given at Ferentino, on the twelfth day before the Kalends of June, in the sixth year. 1203.]

Latin source headnote: Affinity caused by illicit union breaks preceding betrothals and deprives one of the faculty of contracting marriage.

The same, to the Bishop of Girona.

From the letters of your fraternity we received that G., their bearer, often carnally knew the mother of the girl whom he had betrothed as wife below marriageable years, and afterward treated the adult girl with carnal commingling. Whence you humbly petitioned that provision be made for the soul of the man himself, and whether, while he lives, it is lawful for the woman to hasten to second nuptials, since this deed is held as public and notorious. But we caused penance for the sin to be enjoined upon the same man, responding to your consultation in this manner: if the matter so stands, after they have been altogether separated from each other, let the woman not marry another man if, after she learned of the offense of the man and her mother, she did not blush to commingle with him carnally. The man also and the mother of the same woman ought never to hasten to other nuptials, but are bound always to observe continence and to bewail the enormous offense which they contracted for so nefarious a lust, especially if a lapse of the flesh is by no means feared concerning persons of this kind. [Given at Ferentino, on the thirteenth day before the Kalends of July. 1203.]

Latin source headnote: It says the same with regard to the title as the decretal immediately above.

The same, to the Archbishop of Magdeburg.

Coming to the Apostolic See, the layman E., bearer of the present letters, by humble confession proposed to us that, when formerly in the time of his infancy, by the counsel of his friends, he had sworn that he would take a certain girl as wife as soon as he reached lawful age, the girl’s father, after an alliance of this kind had been confirmed on both sides by the obligation of sureties, received him in his own house and reared him together with the girl. But afterward, from long association, having obtained the familiarity of the entire household, he joined himself carnally to the girl’s sister, of whom he had sworn that he would be the husband, seduced by the instigation of the progenitor of human deception. At last, overcome by the insistence of his friends, he took as wife her whom he had sworn to take, and, after the nuptials had been celebrated, when opportunity presented itself to him, he knew both. But although he was accused concerning this in your presence, he could not be convicted and was unwilling to confess his offense; but now, returning to his heart and repenting of the things committed, he seeks that counsel for his salvation be imparted, lest he appear to wander to the peril of his soul like a horse and mule in which there is no understanding. Therefore, since the Apostle commands abstention not only from evil but also from every appearance of evil, through apostolic writings we order your fraternity that, after suitable penance has been enjoined upon the aforesaid E. for a transgression of such enormity, you counsel him, healthfully admonishing and inducing him, that henceforth he abstain from both. [Given at Anagni, on the seventh day before the Ides of October. 1203.]

Latin source headnote: Supervening affinity does not dissolve marriage.

The same, to the Archbishop of Esztergom.

The devotion of your fraternity petitioned to be instructed through the Apostolic See whether he who fornicates with the sister of his lawful spouse can afterward remain with his wife, exact the debt, and pay it when required, or whether on account of this the marriage ought to be separated. We therefore respond briefly to your inquiry that the wife is to be admonished more diligently to abstain from commingling with her husband on account of public honesty and to remain in continence until the husband enters the way of all flesh. But if perhaps, refusing to obey the admonition, she is such that a lapse on her part is feared, her husband will be able and bound, nevertheless with fear of God, to pay the conjugal debt to her, since affinity wrongfully contracted after the marriage ought not to harm her who does not exist as a participant in the wrong, whence she ought not to be deprived of her right without fault, [although it is said, etc. You consulted, etc.; compare chapter 3, That When the Litigation Has Not Been Contested, II. 6. Given at Rome, etc. 1206.]

Latin source headnote: It is summarized above in the immediately preceding chapter.

Gregory IX, to the Bishop of Poitiers.

The petition of the woman Jordana contained that the layman I. contracted through words of the future with her while she had not yet completed the tenth year of her age, and, after she was carnally known within the space of the same year, he did not fear to join her mother matrimonially to himself and to proceed to the embraces of condemned commingling. (And below:) Wherefore the aforesaid I. supplicated that, since she cannot resist the goads of the flesh, we deign healthfully to provide for her, lest she be defrauded of her right without her own fault. On this account we order that, if the matter so stands, you attentively admonish and induce each of them to vow perpetual continence; and, if they cannot be induced to it, after suitable penance for the committed incest has first been enjoined upon the aforementioned I., compel him by ecclesiastical censure to cohabit with her and, when exacted, to render the conjugal debt.