Question X

GRATIAN. Concerning a woman who passes to a second marriage, it is rightly asked whether she remains in the same affinity with the blood relatives of her former husband, or whether offspring received from the second marriage can be joined to the blood relatives of the former husband. Gregory writes as follows concerning these matters to Venerius, Bishop of Cagliari:

Beloved brother, I render the thanks I owe to the diligent sagacity of your fraternity. Because you asked what you ought, you made me joyful. Hence I respond calmly to the matters asked. You resolved to consult the Apostolic See whether a woman joined by the marriage bond to a man who is a stranger pertains to his kin; whether, if he dies, the kinship remains; whether under another husband the names of kinship are dissolved; or whether offspring received can lawfully pass into union with the kin of the former husband.

For the word of God is powerful and strong, durable, persevering, and immutable—not momentary, not transitory. For the Truth itself, who is God and the Word of God, says: “Heaven and earth shall pass away, but my words shall not pass away.” Before God appeared in the flesh among human beings, Adam said by his inspiration: “Therefore a man shall leave his father and mother and cleave to his wife, and the two shall be in one flesh.” Then, when Truth arose from the earth into the earth and appeared visibly in humanity, he was asked whether it was lawful for a man to leave his wife. Prohibiting this, he forbade it, unless perhaps fornication excluded the marital union. Hence he immediately brought forward the very same sentence which, remaining with the Father before the ages, the Word had inspired in Adam, himself confirming what the first human being himself uttered: “Therefore a man shall leave father and mother and cleave to his wife, and the two shall be in one flesh.” If they become one flesh, how can anyone related to one pertain to that one without pertaining to the other? It must be believed that this can by no means occur.

Moreover, when one has died, affinity is not erased in the survivor, nor can another conjugal union dissolve the affinity of the former union. Nor is it pleasing for the offspring of another union to pass into fellowship with the affinity of the former husband, because the word of the Lord is powerful and strong and, as the Prophet said when speaking, “The word of the Lord shall stand forever.” And another Prophet says: “Because he spoke, and they were made; he commanded, and they were created. He established them forever and unto the age of the age; he placed a command, and it shall not pass away.” For after the word and command he made two one flesh—that is, male and female—who has not ceased to make the innumerable multitude of either sex one with himself, as the Truth said through himself: “I ask not only for these, but also for those who will believe in me through their word, that they may be one, as you, Father, are in me and I in you, that they too may be one in us.”

Therefore, if anyone with sacrilegious and rash daring seeks to extinguish relationship in the deceased, or to dissipate it under the name of another affinity, or believes that offspring received from another union is lawfully joined to the relationship of the former one, that person denies that God’s word is powerful and strong; and one who seeks to dissolve it so easily or swiftly does not believe that God’s word remains forever.

Mix earth from four places separated from one another by a great interval; when it has been mixed and glued together, fashion a body of whatever shape or size you wish. Will there be any human ingenuity capable of separating those four parts from one another so that each can be recognized by itself? Thus, from four grandparents two are formed into one, and from two one joint creation is made. You can gather this likeness from the four elements from which the human being was jointly created, if you assign each of their kinds—which is divided into many divisions—through parts distinct from one another. The same occurs in metals; this is also proved in liquids; a painter pursues it in colors by the art of mixing colors, fashioning bodies from visible pigments.

Likewise Innocent. If anyone’s paternal or maternal uncle dies while married, and his wife afterward takes another man and begets sons or daughters by him, we prohibit union with these persons in every way, because man and woman are one flesh.

Likewise from a Roman Synod. If any woman passes to a second marriage and begets offspring from it, the offspring can in no way enter into union with the kindred of the former husband.

[PALEA.

Likewise Pope Hyginus. If any woman passes to a second marriage and has offspring from it, that offspring cannot join itself to the kindred of the former husband down to the fourth generation.]

[PALEA. Hence Pope Innocent:

If any woman passes to a second marriage and begets sons and daughters by the second husband, the holy Roman Synod has altogether prohibited that the daughters ought to be joined to the grandsons of the former husband.]