causa — Decretum of Gratian
Causa XXXI
CASE XXXI.
GRATIAN. Another man defiled a certain man’s wife; after that man died, the adulterer took the adulteress as his wife. He swore that he would give as wife to a certain man a daughter begotten of her. She did not give her assent. Then her father handed her over to another; she is reclaimed by the first. (Q. I.) It is asked whether one who was first polluted through adultery can be taken in marriage. (Q. II.) Second, whether a daughter is to be handed over to someone against her will. (Q. III.) Third, whether, after her father’s promise, she can marry another.
GRATIANUS. Uxorem cuiusdam alius constuprauit; eo mortuo adulter adulteram sibi in uxorem accepit; filiam ex ea susceptam cuidam in coniugem se daturum iurauit; illa assensum non prebuit; deinde pater alii eam tradidit; a primo reposcitur. (Qu. I.) Queritur: an possit duci in coniugium que prius est polluta per adulterium? (Qu. II.) Secundo, an filia sit tradenda inuita alicui? (Qu. III.) Tertio, an post patris sponsionem illa possit nubere alii?
Friedberg, col. 1107/1108