Question I

GRATIAN. PART I. That persons under vows cannot contract marriages is proved by many authorities. For in the Council of Carthage, c. 104, a statute is found concerning widows who have violated professed continence:

Just as the reward of chastity is good, so it is also to be guarded with greater observance and command, so that if any widows, although still placed in their younger years and left by a husband at an immature age, shall have devoted themselves to God and, having cast aside lay clothing, appeared in a religious habit under the testimony of the bishop and church, but afterward shall have passed to secular marriages, according to the Apostle they will have condemnation because they appear to have made void the pledge of chastity that they vowed to God. Therefore, let such persons be separated from the communion of Christians and not communicate with Christians at a banquet. For if married women are guilty of adultery if they are not subject to their husbands, how much more will widows who have changed the religious state belonging to God be marked by the crime of adultery if with lustful pleasure they seize upon the devotion that they offered to God voluntarily, not under compulsion, and make a passage to second marriages? Even if, when violence assailed them, they were oppressed by someone and afterward consented through the delight of lust to remain in marriage with the ravisher or violent man, let them be held liable to the condemnation stated above. Of such persons the Apostle says: “For when they have grown wanton, they wish to marry in Christ, having condemnation because they have made their first pledge void.”

Likewise from the epistle of Gregory sent to Boniface. Concerning widows departing from the resolve of widowhood, about whom Your Affection wished to consult us, dearest brother, I believe you know that they were long ago condemned by Saint Paul and many holy Fathers unless they are converted. By apostolic authority we judge that they are to be condemned and barred from the communion of the faithful and the thresholds of the church until they obey their bishops and return, unwillingly or voluntarily, to the good that they began. § 1. But concerning unveiled virgins, if they have deviated, we have this decree from our predecessor of holy memory, Pope Innocent: “Those who, although not yet covered by the sacred veil, nevertheless have always declared that they would remain in the virginal resolve, although they were not veiled, nevertheless, if they marry, are to do penance for some time, because their pledge was held by the Lord. For if among human beings a contract of good faith is customarily dissolved for no reason, how much more can that promise which she covenanted with God not be dissolved without punishment, etc.” § 2. If virgins not yet veiled are thus punished by public penance and excluded from the assembly of the faithful until satisfaction, how much more are widows—who are of a more perfect age and of more mature wisdom and counsel, have often experienced the fellowship of men, assumed the religious habit, and finally apostatized and returned to their former vomit—to be eliminated by us and all the faithful from the thresholds of the church and the assembly of the faithful until satisfaction and handed over to prisons, so that, according to the Apostle Paul, by handing a person of this kind over to Satan, his spirit may be saved on the day of the Lord. For of such persons the Lord speaks through Moses, saying: “Remove the evil from your midst.” Of them he says through the Prophet: “The just man will rejoice when he sees the vengeance upon the impious; he will wash his hands in the sinner’s blood.” For of such persons and those similar to them, and those consenting to them, it is said: “Because not only those who do these things, but also those who consent to those doing them, are guilty.”

Likewise from the decree of Pope Gelasius sent to the bishops of Sicily, c. 9. We do not permit widows who have remained in a religious resolve through long observance to pass to marriage. Likewise, we prohibit virgins who happen to have passed many years of their age in monasteries from marrying.

Likewise Cyprian to Pomponius concerning virginity. Nor let anyone think that she can be defended by this excuse: that it can be inspected and proved whether she is a virgin, since both the hand of midwives and the eye are often deceived; and if a virgin is found uncorrupted in that part by which a woman can be so, she could nevertheless have sinned through another part of the body that can be corrupted and yet cannot be inspected. Certainly, the intercourse itself, the embrace itself, the conversation itself and kissing, and the shameful and foul sleeping of two persons lying together—how much disgrace and crime does it confess? If a husband arriving unexpectedly should see his betrothed lying with another, does he not become indignant and rage, and through the pain of jealousy carry a sword in his hand? And when Christ our Lord and judge sees his virgin, dedicated to him and destined for his holiness, lying with another, how indignant and angry is he? And what punishments does he threaten against heavenly unions of this kind? So that each of the brethren may be able to evade his spiritual sword and the coming day of judgment, we ought to make provision and labor with every counsel.

The same, [in the same epistle]. But if they have done penance for this unlawful intercourse of theirs and withdrawn from one another, let the virgins again be inspected carefully by midwives; and if they are found to be virgins, after receiving communion let them be admitted to the church, yet with this threat: if they afterward return to the same males, or if they dwell with them together in one house and under the same roof, let them be cast out under a graver censure and not afterward be easily received into the church. But if any of them shall have been corrupted and discovered, let her who committed this crime do full penance, for she is now an adulteress not of a husband but of Christ; and therefore, after a just time has been assessed and her exomologesis afterward made, let her return to the church. But if they obstinately persist and do not separate from one another, let them know that with this shameless obstinacy of theirs they can never be admitted by us into the church, lest by their offenses they begin to make for others an example leading to ruin. Nor let them think that a principle of life or salvation stands for them if they are unwilling to obey bishops and priests.

Likewise from the Sixth Synod, [in Trullo, c. 4]. If any bishop, presbyter, deacon, subdeacon, lector, psalmist, or doorkeeper shall have committed adultery with a woman consecrated to God, let him be deposed, because he corrupted a bride of Christ; but if he is a layperson, let him be excommunicated.

Likewise from the Fourth Council of Toledo, c. 8. Concerning widows and maidens who in their own homes changed to a religious habit, whether by their parents or by themselves: if afterward they believe marriages are to be joined contrary to the institutes of the Fathers or the precepts of the canons, let both be held suspended from communion until they amend what they unlawfully perpetrated. But if they neglect to amend it, let them be separated perpetually from communion or the banquet of all Christians.

[PALEA

Likewise from the Council of Pope Martin. Let no pontiff attempt to veil widows, as was established in the decrees of Pope Gelasius, chapter 13, because neither divine authority nor the form of the canons has granted it. But if she has professed continence by her own will, it is read in chapter 21 of the same Gelasius: let her intention render an account for itself to God, because, just as according to the Apostle she was by no means prohibited from marrying if she could not contain herself, so, after deliberating with herself, she ought to preserve for God the promised pledge of chastity. But we, supported by the authority of the Fathers, sanction and freely judge in this holy council that if she voluntarily placed upon herself a veil, although unconsecrated, and in church offered an oblation to God among the veiled women, whether she wills it or not she ought thereafter to retain the habit of sanctimony, even if she wishes to affirm by oath that she placed the veil upon herself under this tenor and understanding: that she could remove it again.]

Likewise from the Decrees of Pope Innocent, c. 20, [in the Code of Canons, and epistle 2 to Victricius, c. 13]. But those who are not yet covered by the sacred veil, nevertheless had always declared that they would remain in the virginal resolve, etc. And below: [PALEA. Although they were not veiled, if perhaps they marry, they are to do penance for some time, because their pledge was held by the Lord. For if among human beings a contract of good faith is customarily dissolved for no reason, how much more ought that promise which she covenanted with God not to be dissolved without punishment?] For if the Apostle had said that those who departed from the resolve of widowhood had condemnation because they made their first pledge void, how much more do virgins who attempted to break their pledge have condemnation?

Likewise from a decree of the same, chapter 19, [in the Code of Canons, but in the epistle to Victricius, c. 12]. Those who spiritually marry Christ, if they afterward marry publicly, are not to be admitted to penance unless those to whom they joined themselves have departed from the world. For if this principle is observed concerning human beings—that whoever marries another while her husband lives is regarded as an adulteress, and permission to do penance is not granted to her unless one of them has died—how much more is it to be maintained concerning her who previously joined herself to an immortal bridegroom and afterward migrated to human marriage?

Likewise from the Council of Tribur, c. 6. We command that shameless and detestable persons—namely, monks and nuns—who, after casting aside the resolve of sanctity, mingled themselves in unlawful and sacrilegious contamination and, brought through desperation to the judgment of conscience, freely begot children from unlawful embraces, are to be eliminated from the assembly of monasteries and gatherings of churches, so that, shut within their prisons and lamenting so great a crime with continual mourning, they can be thoroughly purified by the purgatorial fire of penitence, so that at least at death, solely in view of mercy, assistance may be given to them through the grace of communion.

Likewise from the same. We decree that it is not lawful for a virgin who has consecrated herself to God, and likewise a monk, to contract the rights of marriage. But if they are found perpetrating this, let them be excommunicated. We decree, however, that with respect to those who confess, the bishop of that place has authority to grant mercy and humanity.

Likewise from the same. Therefore, let those who knowingly are joined in marriage with nuns, to the injury of Christ, be separated according to the censure of Christian zeal; and let it never be granted to them to be bound by the conjugal bond, but while they live let them afflict themselves vehemently with the lamentations of penance.

Likewise from the same. We have learned that certain persons rashly associate themselves with sacred virgins and after a resolve dedicated to God mingle in incestuous compacts and sacrilegious unions. It is equitable that they immediately be driven from holy communion and not be received at all except through public and approved penance. Nevertheless, let viaticum not be denied to them as they depart from the world if they have worthily repented.

Likewise Gregory. It has come to us that a certain most wicked man, by diabolical instigation, persuaded a woman consecrated to God to leave a monastery; and although she was recalled by a certain man to the place from which she had departed, that most wicked man, again casting her out of the monastery by wicked persuasion, shamelessly retains her with himself. We wish her to be recalled and enclosed in the monastery by the authority of your episcopate.

Likewise from the Council of Orléans, c. 3. Concerning widows who by voluntary will receive from the altar the veil of sacred life, the synod decreed that they remain in the same resolve. For we have decreed that it is not lawful, after they have once consecrated themselves to the Lord beneath the veil, for permission again to be granted to them to lie to the Holy Spirit.

Likewise from the same. If anyone shall have taken in marriage a woman consecrated by the sacred veil and, after a resolve dedicated to God, shall have mingled in incestuous compacts and sacrilegious unions, as is read in chapter 20 of the constitutions of Pope Gelasius, it is equitable that he immediately be driven from holy communion and not be received at all except through public and approved penance. If they have repented, let viaticum not be denied them as they depart from the world. § 1. In the Council of Chalcedon, chapter 17: “Let those perpetrating this be excommunicated; let mercy be granted to those confessing by the authority of the bishop.” § 2. In the epistle of Pope Siricius, c. 6: “If veiled women consecrated to God, after casting aside the resolve of sanctity, secretly mingle themselves in sacrilegious contamination and publicly and freely beget children from unlawful embraces, it has been judged that these marriages and detestable persons are to be eliminated from the assembly of monasteries and gatherings of churches, so that, thrust into prisons, they may lament so great a crime with continual mourning.” Hence, both by the word of the Lord and by canonical authority, we command in this holy synod that they be separated altogether and bound by oath not thereafter to dwell under one roof.

Likewise Gregory to Vitalian, bishop of Siponto, [Book VII, indiction 1, epistle 9]. If you either knew how to be the guardian of the religious habit or were a bishop, it would not have been lawful, while you were placed there, for the daughter of Tullianus, master of soldiers of glorious memory, after casting aside religious clothing, either to return to secular dress or to send a perverse letter to us. But because you are weighed down by excessive sloth and torpor, to your disgrace an unlawful matter has for the present been committed there with impunity. For, as we stated before, if you had been solicitous, the punishment of the most wicked woman ought to have reached us before her fault. Therefore, because you are so dull and so negligent that, unless you experience canonical coercion against yourself, you do not know how to preserve strictness and discipline in others, we will demonstrate to you at a fitting time, if it pleases the Lord, in what manner you ought to be solicitous. § 1. Therefore, upon receiving the present writings, awake and, now at last aroused, execute what, oppressed by idleness, you have delayed until now. Let it therefore belong to your urgency, together with Sergius our defender, to seize the aforesaid woman and immediately not only to recall her, without any excuse, to the habit wickedly contemned, but also to thrust her into a monastery where she can be guarded altogether strictly; and display such complete solicitude concerning her that by your strictness she may be able to recognize how impious is what she committed. § 2. In this matter, if any layperson—which we do not believe—shall attempt by any device to oppose you, suspend him from participation in most holy communion and hasten to report it to us, so that, since he did not perceive by his own consideration how execrable is what he presumes, he may recognize it by the quality of his correction. § 3. But in all these things endeavor to show yourself so cautious and vigilant that you may be able not to double your fault by neglect but to lessen it somewhat by solicitude.

The same to Sergius the defender, [Book VII, indiction 1, epistle 10]. If you were a man or possessed any discernment, you ought to have existed as such a guardian of regular discipline that unlawful things committed there would be corrected by punishment before a report of them reached us. But while excessive foolishness makes you negligent, we are not only offended concerning those things but are likewise provoked to punish your sloth. Therefore, with every delay and every excuse set aside, together with our brother and fellow bishop Vitalian hasten to seize the daughter of Tullianus, master of soldiers of glorious memory, who, after casting aside the religious garments that she voluntarily assumed, disfigured herself with lay clothing; recall her again to the religious habit and send her into a monastery where she can be guarded altogether strictly. Do not permit her custody to be relaxed in any way until you receive our writings again. For if in any way you are negligent or slow in this matter, know that punishment will be inflicted upon you so strictly that you may be able, through punishment cutting away, to learn what you do not know from yourself; because, as we have said, if you possessed the understanding of a human being, you ought already to have recognized and done, even with punishment, the things that you are now commanded to do.

Likewise Augustine, On the Conflict of Vices and Virtues, [c. 24]. Permission to marry is granted to some—namely, those who have by no means professed virginity or the chastity of widowhood. But it is not granted to others—namely, those who have decreed to be virgins or continent. Fornication, however, is conceded with impunity to no one.

The same in the book On the Good of Marriage. It is manifest that women who have lapsed from the better resolve of holier chastity that is vowed to God, if they marry, are worse than adulteresses.

Likewise from the Council of Chalcedon, [c. 16]. If any virgin has dedicated herself to God, and likewise a monk, it is not lawful for them to be joined in marriage. But if they are found doing this, let them remain excommunicated. We establish, however, that humanity can be shown to them if the bishop of the place has so approved.

Likewise from the same, [c. 15]. We establish that a deaconess ought not to be ordained before forty years, and this with diligent examination. But if she has received ordination and has observed the ministry for however much time, and afterward hands herself over to marriage, doing injury to the grace of God, let her be anathema together with the one who joined in her marriage.

Likewise from the Synod of Ancyra, [c. 18]. As many as have violated promised virginity after contemning their profession ought to be regarded among digamists—that is, those who have passed to second marriages.

Likewise from the Council of Elvira, [c. 13]. If virgins who dedicated themselves to God shall have lost the covenant of virginity and served that same lust, not understanding what they lost, it was resolved that communion is not to be given to them even at the end. But if they shall have persuaded themselves that they lapsed through infirmity of the body, and during the time of their life have done penance and abstained from intercourse, it was resolved that they ought to receive communion at the end.

Likewise from the Council of Pope Martin, [c. 30]. Concerning the daughter of a bishop, presbyter, or deacon: if she shall have been vowed and takes a husband, if her father or mother receives her into their affection, let them be held as strangers from communion. But let the father know that he will render an account in council. Let the woman not be admitted to communion unless, after her husband has died, she has done penance. But if while he is living she withdraws and does penance or seeks communion, let her receive it when she is failing at the final end of her life.

Likewise from the First Council of Toledo, [c. 16]. A woman under a vow who sins is not to be received into the church unless she has ceased to sin; and if, after ceasing, she has performed suitable penance for ten years, let her receive communion. But before she is admitted to prayer in the church, let her approach no banquet of a Christian woman. But if she has been admitted, let even the woman who received her be held in abstinence. Let an equal punishment also constrain her corrupter. But she who has taken a husband is not to be admitted to penance unless either she has begun to live chastely while her husband is living or after he has died.

Likewise Gregory to John, bishop of Cagliari, [Book III, epistle 9]. If any of the nuns, either through a former permission or through a depraved custom of impunity, has been led to a fall into adultery, or in future shall have been led into that abyss, after the fitting severity of punishment we wish her to be committed for penance to another and stricter monastery of virgins, so that there she may devote herself to prayers and fasts, may thus make progress by doing penance, and may furnish to others a fearsome example of stricter discipline. But the man who shall have been found in any iniquity with women of this kind is to be deprived of communion if he is a layperson; but if he is a cleric, after also being removed from his office, let him be thrust into a monastery continually to lament his transgressions.

The same to Bishop Januarius, [Book III, epistle 24]. But those who transgressed against women who departed from monasteries and are now said to be suspended from communion, if Your Fraternity shall have perceived that they worthily repented of such a crime, we wish you to recall to holy communion.

Likewise from the Novels of Emperor Justinian. If anyone shall have abducted, solicited, or corrupted an ascetic woman, a deaconess, a nun, or another woman having a religious life or habit, let his goods and those of the persons contaminated by participation in this crime be claimed for the religious house in which such a woman dwelt, through the religious bishops, stewards, provincial governors, and their officials; but let those persons themselves be subjected to capital punishment. Let the woman, moreover, be sought everywhere and, together with her property, handed over to a more secure monastery. But if she was a deaconess having legitimate children, let the lawful portion be furnished to her children.

Likewise from a decree of Pope Eugenius, [II, in the Roman Council, c. 29]. Let women veiled under the pretext of religion either live according to the rule in a monastery or chastely observe the habit they assumed in their own homes.

Likewise from the Council of Orléans, [I, cc. 22 and 23]. Let it not be lawful for a monk to have an orarium or girdles in a monastery. And if afterward he shall have been joined to a wife, as one guilty of so great a transgression let him never obtain an office of ecclesiastical rank.

Likewise Augustine, On the Good of Widowhood, [c. 28]. Let widows who do not contain themselves marry before, having professed continence, they vow it to God. Unless they render what they vow, they are justly condemned.

Likewise Nicholas to Archbishop Charles and his suffragans. Indeed, if a widow who placed the sacred veil upon her head prayed in church among the other veiled women and offered oblations with them, and if she professed that she would remain in the same habit, promising that she would never lay aside the veil of religion, let her not presume to depart from the observance of religion.

Likewise from the Council of Orange, [c. 27]. We say that a profession to preserve widowhood, made before a bishop in the sacristy after a widow’s garment has been imposed before the bishop, is not to be violated. We decree that one who deserts such a profession is deservedly to be condemned.

Likewise from the Council of Toledo, [X, c. 5]. Let all women coming to sacred religion cover their heads with a mantle and make a written and confirmed profession, after which writing let them not be permitted to relapse into the audacity of transgression. § 1. But whichever of all these women shall be found to have given either their mind or their clothing over to transgression, let them bear a sentence of excommunication and, after their habit has again been changed, let them remain bound in monasteries under the hardships of arduous penance until they close their final day.

Likewise from the Council of Arles. It is to be known by all that the bodies of women consecrated to God, consecrated to God through the vow of their own pledge and the words of a priest, are proved by the testimonies of the Scriptures to be temples; and therefore their violators are known to be sacrilegious persons and, according to the Apostle, sons of perdition.

[PALEA.

Likewise. If widows choose to marry before they profess continence, let them marry those whom by their own will they wished to have as husbands. Let a similar condition also be maintained concerning virgins, and let them not be compelled to receive husbands contrary to the will of their parents or their own will.]

Likewise Gregory to Artemius the subdeacon, in epistle 41, [Book I]. And because we have learned that some monks have leapt forth to such great wickedness that they publicly take wives, we command you to seek them out with every vigilance and, after exercising coercion upon those found, cause them to be returned to the monasteries where they had been monks.

Likewise Pope Innocent, [II, in the Roman Council, c. 7, § Ut lex]. So that the law of continence and purity pleasing to God may be extended among ecclesiastical persons and sacred orders, we establish that bishops, presbyters, deacons, subdeacons, canons regular, monks, and professed converts who, transgressing their sacred resolve, shall have presumed to join wives to themselves are to be separated. For we judge that a union of this kind, which is known to have been contracted contrary to the ecclesiastical rule, is not matrimony. After being separated from one another, let them also perform penance worthy of such great transgressions. We decree that this same thing is also to be observed concerning women religious if—may it not happen—they attempt to marry.

GRATIAN. By all these authorities, those under vows are prohibited from contracting marriages, and some of them, if they contract them, are ordered to be separated. PART II. Augustine, on the contrary, asserts that separations of such persons are sinful, speaking thus, [in the book On the Good of Widowhood, c. 8]:

The good of marriage is indeed always a good—a good that has always existed among the people of God—but at one time it was obedience to the law, now it is a remedy for infirmity, and in some persons it is a consolation of human nature. For applying oneself to the procreation of children, not after the manner of dogs through promiscuous use of women but in the honorable order of marriage, is now an affection to be approved in a human being; and nevertheless a Christian mind thinking upon heavenly things more praiseworthily surpasses and conquers it. But because, as the Lord says, “Not all receive this word,” let one who can receive it receive it; let her who does not contain herself marry; let her who has not begun deliberate; let her who has set out persevere. Let no occasion be given to the adversary; let no offering be withdrawn from Christ. § 1. For in the bond of marriage, if chastity is preserved, condemnation is not feared. But in virginal and widowed continence the excellence of a more ample gift is sought; once it has been sought and chosen and offered by the obligation of a vow, not only to enter upon marriage, but even if they do not marry, to will to marry is now damnable. For to demonstrate this the Apostle did not say, “When they have lived in pleasures, they marry in Christ,” but, “They wish to marry, having condemnation,” he says, “because they have made their first pledge void”—even if not by marrying, nevertheless by willing. This is not because marriages themselves, even those of such women, are judged worthy of condemnation; rather, the deceit against their resolve is condemned, fidelity to a broken vow is condemned, and what is condemned is not the taking up of a lower good but the fall from a higher good. Finally, such women are condemned not because they entered into the pledge of marriage afterward but because they made void their first pledge of continence. To intimate this briefly, the Apostle did not wish to say that those who marry after a resolve of more ample holiness have condemnation—not because they are not condemned, but lest marriages themselves be thought condemned in them. Rather, when he had said, “They wish to marry,” he immediately added, “having condemnation,” and said why: “because they have made their former pledge void,” so that it might appear that the will which fell from its resolve is condemned, whether marriages follow or are absent. § 2. Consequently, those who say that the marriages of such women are not marriages but rather adulteries do not seem to me to consider with sufficient acuteness and diligence what they say. For a likeness to the truth deceives them. Because those who do not marry in Christian holiness are said to choose marriage with Christ, some persons argue from this, saying: If a woman who marries another while her husband lives is an adulteress, as the Lord himself defined in the Gospel, but Christ lives, over whom death shall have no further dominion, then she who had chosen marriage with him is an adulteress if she marries a man. § 3. Those who say this are indeed moved by an acute argument, but they pay too little attention to how great an absurdity follows this reasoning. For since a woman, while her husband is living and with his consent, praiseworthily vows continence to Christ, according to their reasoning no woman ought to do this, lest Christ himself—may it be impious to think it—commit adultery, to whom she marries while her husband is living. Next, since first marriages are of better merit than second marriages, may it be far from holy widows to hold the opinion that Christ appears to them as though a second husband. For they had him even before, when they faithfully served in subjection to their husbands, not carnally but spiritually as a husband; the church herself, of which they are members, is his spouse, and in the integrity of faith, hope, and charity she is wholly a virgin, not only in sacred virgins but also in married faithful persons. For the Apostle says to the universal church, of which all those women are members: “I have betrothed you to one husband, to present you as a chaste virgin to Christ.” But that husband knows how to make a virgin spouse fruitful without corruption, for he was also able to have a mother bring him forth in that same flesh without corruption. § 4. Moreover, through this insufficiently considered opinion, by which they think that the marriages of women who have lapsed from a sacred resolve are not marriages if they marry, no small evil occurs: wives are separated from husbands as though they were adulteresses, not wives; and while they wish to restore the separated women to continence, they make their husbands true adulterers when, while their wives are living, they take others. § 5. Wherefore I indeed cannot say that if women who have lapsed from a better resolve marry, their unions are adulteries and not marriages; but I would plainly not hesitate to say that lapses and falls from the holier chastity that is vowed to God are worse than adulteries. For if—as is in no way to be doubted—it pertains to the offense of Christ when a member does not preserve fidelity to her husband, how much more gravely is he offended when fidelity is not preserved to him in that matter in which he demands what was offered though he had not demanded that it be offered? For when anyone does not render what he vowed, not compelled by command but admonished by counsel, the less necessity he had to vow, the more he increases the iniquity of the defrauded vow.

Likewise Gelasius, [in the epistle to the bishops of Lucania and Bruttium, c. 23]. We have spoken above broadly and sufficiently concerning widows who are to be veiled under no blessing. But if by their own will, with a changeable mind, they tread underfoot the chastity professed after their former marriage, it will be at their peril by what satisfaction they ought to placate God, because according to the Apostle they have made their first pledge void. For just as, if perhaps they could not contain themselves, they were by no means prohibited from marrying according to the Apostle, so, after deliberating with themselves, they ought to preserve the pledge of chastity promised to God. We, however, do not cast any snare upon such women, but only set before them the exhortations of eternal reward and the punishments of divine judgment, so that our conscience may be absolved and their intention may render an account for itself to God. For what the blessed Apostle Paul testifies concerning their conduct and actions is to be guarded against. We pass over explaining it more fully, lest the unstable sex appear not so much to be deterred as admonished.

If anyone has a vow of virginity, etc. GRATIAN. It is clearly shown in the chapter concerning the ordination of clerics which persons under vows are ordered by the preceding authorities to withdraw from one another, and whose marriages are not to be dissolved by the authority of Augustine and Theodore. § 1. Moreover, that statement of Innocent by which sacred virgins who marry publicly are prohibited, while the man to whom they joined themselves is living, from being admitted to penance is not to be understood so that women who have wished worthily to do penance are excluded from penance for any period; rather, those who are unwilling to withdraw from the incestuous union are prohibited from being admitted to penance. For after a resolve of sacred religion, one who has neglected to return to the habit of her profession cannot be reconciled to God through penance. For the man to whom she joined herself will then be dead to her when she has withdrawn altogether from his unlawful embraces, so that this may be the sense of the chapter: “Those who spiritually marry Christ, if they afterward marry publicly, we judge are not to be admitted to penance unless those to whom they joined themselves have departed from the world”—with respect to the women marrying them, it must be understood. For then do the men depart from the world, then do they die, when the women have altogether estranged themselves from their concupiscence, just as the world is said to be dead to one whom it does not bind by its enticements, and one is declared dead to the world who desires nothing of the world. That this is to be understood thus the same Innocent shows from the following example, saying: “Whoever marries another while her husband is living is to be regarded as an adulteress, nor is a place for doing penance granted to her unless one of these has died.” This is to be understood of a woman who has been abandoned: if she marries another while her husband is living, she is an adulteress and is not admitted to penance unless either the first returns to the dust from which he was taken or the second, by ceasing from union with her, dies to her, as was said above. Therefore, because Christ, whom they marry spiritually, now dies no more and death shall have no further dominion over him, it remains that the man whom they marry second must die to them. In either case, however, unless it were understood thus, Innocent would be contrary to the Lord, who says through the Prophet, “At whatever hour the sinner shall have been converted, etc.,” and would be found opposed to all interpreters of the divine law. This same thing is proved by the authority of that chapter in which a woman under a vow who has taken a husband is prohibited from being admitted to penance unless either both have professed continence or the man to whom she joined herself has departed from this world.