Question II

GRATIAN. That no woman is to be compelled to marry someone is attested by Ambrose on the First Epistle to the Corinthians: “Let a widow marry whom she wishes, only in the Lord”; that is, let her marry the man whom she considers suitable for herself, because unwilling marriages are accustomed to have evil outcomes.

“Only in the Lord”: that is, so that she may marry without suspicion of shamefulness, and may marry a man of her own religion.

Likewise the judgment of Pope Urban. If it is established to be true what the envoys of Prince Jordan reported to us—namely, that he himself, under compulsion and grieving, betrothed his infant daughter, unwilling, weeping, and resisting with all her strength, to Rainald, son of Rodellus, while her mother and kindred did not assent but grieved greatly—then, because the authority of the canons and laws does not approve such betrothals, as is shown below, lest what we say seem too harsh to those ignorant of the laws and canons, we temper the judgment thus: if the prince, with the assent of the daughter, mother, and kindred, wishes to complete what was begun, we concede it. But if not, let our legate hear both parties; and if there is nothing further on the part of the aforesaid Rainald that would impede it, let him receive from Jordan himself an oath that these things stand as they have been stated. Then, following the decrees of the canons and laws, we henceforth do not prohibit his aforesaid daughter from marrying another man, if she wishes, only in the Lord.

To the contrary, Pope Hormisdas writes to Bishop Eusebius. Your Holiness, venerable brother, asked us concerning an adult son whom his father wishes to contract a marriage: whether the father can do so without the will of the adult son. To this we say that, if the son does not consent in any way, it cannot be done. But concerning a son not yet adult, whose will cannot yet be discerned, the father can hand him over in marriage to whomever he wishes; and after the son reaches perfect age, he ought entirely to observe and fulfill it. We command that this, established by us, is to be maintained by all worshipers of the orthodox faith.]

Likewise Sanctio, to the king of Aragon. Concerning the marriage of your granddaughter, whom, when necessity pressed, you confirmed under a pledge of faith that you would give to a certain knight, we decree, as equity dictates, that if she utterly refuses that man, as is said, and persists in the same exercise of her will, so that she entirely refuses that she will marry that man, you are in no way to compel her, unwilling and resisting, to be associated in marriage with that man. For those whose body is one ought also to have one mind, lest perhaps, when a virgin has been joined to someone unwillingly, contrary to the command of the Lord and the Apostle, she incur either the guilt of separation or the crime of fornication. It is established that the evil of this sin redounds upon the one who joined her against her will. The same is to be held concerning a man by an equal rule.

Likewise Nicholas to Raduald, bishop of Porto, and John, bishop of Ficocle. King Lothair professes in his memorandum that he received Waldrada from her father and afterward admitted Hubert’s sister. Here first inquire by diligent investigation; and if you find in every respect that the same glorious king received the aforesaid Waldrada after the dowry had been promised, before witnesses, according to the law and the rite by which nuptials are customarily celebrated, and that by public manifestation the same Waldrada was admitted into marriage with him, it remains for you to investigate why she was repudiated or Boso’s daughter admitted. But because the same glorious king says that through fear he admitted Theutberga, so great a king ought not, through fear of one man, to have plunged himself into an immense precipice contrary to the divine precept. In this he certainly shows himself more blameworthy, because in it he placed the love of the world before the love of God, since not even killers of the body, impelling a person against justice, are to be feared. Therefore, when the same king has been convicted by his own declaration, we command you nothing other than that, relying upon canonical authority in our stead, you decide his case. But if it is by no means proved that Waldrada was his lawful wife or had been joined to our son Lothair by nuptials celebrated in the customary manner—namely, through the blessing of a priest—advise him not to bear it with distress that his lawful wife, if she appears innocent, is reconciled to him.

§ 1. Furthermore, I wish you to know that the aforesaid Theutberga appealed to the Apostolic See twice and three times and complained that she had been unjustly cast off by the aforesaid glorious king and compelled by force to fabricate a false crime against herself. For at the time of her appeal she sent a written petition to the Apostolic See, in which she made known that she had not yet confessed, but was being compelled to state a false crime against herself, adding further: “But if I am compelled further, know that, not from truth but from fear of death and zeal to escape—because I cannot do otherwise—I will say what they wish.” Hence we command you that, when the same Theutberga comes to the appointed synod as we established, you treat her case by diligent examination. And if it is objected to her that she had confessed that she committed some crime, while, to the contrary, she proclaims that she suffered violence, or if she testifies that those judges were hostile to her, then renew that judgment according to the norm of equity, so that she is not oppressed by a weight of injustice.

GRATIAN. By these authorities it is clearly shown that no woman is to be joined to anyone except by her free will.