Causa XXXV

GRATIAN. A certain man, after his wife had died, joined another woman to himself in marriage, who was related to the deceased wife in the fourth degree of consanguinity but to the man in the sixth line. After three years, when children had been received from her, he is accused before the Church; he alleges ignorance. (Question I.) Here it is asked first whether it is lawful for someone to take a woman from his own kindred as wife. (Question II.) Second, whether some woman from the consanguinity of one’s wife can be taken as spouse. (Question III.) Third, to what degree each person ought to abstain either from his own female blood relatives or from those of his wife. (Question IV.) Fourth, why consanguinity is reckoned to the seventh degree, in such a way that it neither extends beyond it nor stops short of it. (Question V.) Fifth, how the degrees of consanguinity are to be reckoned. (Question VI.) Sixth, who ought to affirm the kinship by oath. (Question VII.) Seventh, whether those born of incestuous unions are reckoned as children. (Question VIII.) Eighth, if a woman from consanguinity or affinity has unknowingly been taken as wife, whether she can adhere to her husband by dispensation. (Question IX.) Ninth, if it happens that the Church is deceived and separates a woman from her husband on account of consanguinity, and after four years, marriages having been celebrated on both sides, she is discovered not to have been a blood relative of the former husband, whether the second marriages are to be dissolved and the former ones restored. (Question X.) Tenth, if the widow of someone from one’s own kindred passes to a second marriage, whether offspring received from them can enter into union with someone from the kindred of the former husband.