Question — Decretum of Gratian
Question III
GRATIAN. Concerning the third question, Pelagius determines the matter, writing to Potentius the defender:
GRATIANUS. De tercia uero questione Pelagius diffinit, scribens Potentio Defensori:
Friedberg, col. 1125/1126
SOLE CHAPTER. A girl ought in marriage to follow the decision of her free grandfather, not that of her estate-bound father.
It is established that the girl’s father is a servant of your church, but her grandfather was born of free parents; and therefore we decree that greater regard is to be given to the grandfather’s choice concerning the union of his granddaughter than to that of her father, whose decision can in no way be free.
GRATIAN. Therefore, because this woman is proved to have married this man by the choice of her grandfather, it is established that she was lawfully joined to him.
C. UN. Arbitrium liberi aui, non originarii patris, puellam in nuptiis sequi oportet.
Patrem puellae ecclesiae uestrae famulum, auum uero liberis ortum constat esse natalibus, et ideo aui magis electionem de coniunctione neptis, quam patris eius, cuius nullo modo liberum potest esse arbitrium, decernimus attendi. Gratian. Quia ergo electione aui huic ista nupsisse probatur, hanc constat legitime sibi copulatam.
Friedberg, col. 1125/1126