causa — Decretum of Gratian
Causa XXX
CASE XXX.
GRATIAN. A certain man, hindered by the great crowd of people, received his own son from baptism while believing that he was receiving another’s child. His wife, while craftily wishing to receive her own child, received another child whom the man adopted as his son; and a daughter is born to him from his wife, whom, while each was in the cradle, he gave to his adopted son, his wife’s spiritual son. After three years the wife dies, and the man who was her coparent secretly betrothed to himself the widow of his wife’s coparent; a little time passed, and another man publicly took her as wife. (Q. I.) It is asked whether one who received his own son from sacred baptism can render the marital due to his wife. (Q. II.) Second, whether betrothals are contracted between infants. (Q. III.) Third, whether spiritual or adopted children can be joined to natural children. (Q. IV.) Fourth, whether it is lawful for anyone to take the wife of his wife’s coparent. (Q. V.) Fifth, whether a clandestine betrothal prejudices a public one.
GRATIANUS. Populorum frequentia quidam inpeditus filium suum de baptismate suscepit, dum crederet se alienum suscipere; uxor eius, dum callide uellet suscipere proprium, suscepit alienum, quem uir adoptauit sibi in filium, et ex uxore sibi filia nascitur, quam filio suo adoptiuo, spirituali uxoris, dum uterque esset in cunabulis, tradidit. Post triennium uxor moritur, et conpater eius relictam conpatris uxoris suae uir clam sibi desponsauit; aliquantulum temporis effluxit, et alius publice duxit eam in uxorem. (Qu. I.) Queritur, an uxori suae debitum reddere ualeat qui proprium filium de sacro baptismate suscepit? (Qu. II.) Secundo, an sponsalia contrahantur inter infantes? (Qu. III.) Tertio, an spirituales uel adoptiui filii naturalibus copulari ualeant? (Qu. IV.) Quarto, an uxorem conpatris uxoris suae alicui ducere liceat? (Qu. V.) Quinto, an clandestina desponsatio manifestae preiudicet?
Friedberg, col. 1095/1096