distinction — Decretum of Gratian

Distinction XXVII

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¶.

GRATIAN. Part I. Since it is commanded that a bishop be chosen as the husband of one wife, it is asked whether this is to be understood of the time of ordination, so that during the time of his administration he can enjoy union with her whom, as his only wife and a virgin, he espoused to himself. Pope Martin prohibits this, saying:

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1.

C. I. A deacon is not to be ordained unless he has professed chastity.

If a deacon who is chosen has declared himself in favor of contracting marriage and has said that he cannot remain in chastity, let him not be ordained. But if he was silent at the ordination and was ordained, and afterward desired marriage, let him be excluded from the ministry and cease to belong to the clergy. GRATIAN. By this authority it is given to be understood that those who have wives or wish to take them can become neither deacons nor priests unless they profess continence. §1. But if a deacon wishes to cease from the ministry, after contracting marriage he can lawfully use it. For although at his ordination he offered a vow of chastity, nevertheless so great is the force in the sacrament of marriage that the marriage itself cannot be dissolved even because of the violation of a vow. Hence Augustine in the book On the Good of Marriage, to Julian [c. 10]:

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2.

C. II. Those marrying after a vow are not to be separated from one another.

Part II. Certain persons assert that those marrying after a vow are adulterers. But I say that those who separate such persons sin gravely.

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3.

C. III. On the same matter.

Likewise Theodore. If a man having a vow of virginity is joined to a wife, let him not afterward dismiss the wife, but let him do penance for three years. Jerome, however, writes to the contrary:

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4.

C. IV. For those who make a vow, it is damnable to wish to marry.

For those vowing virginity, not only to marry but even to wish to marry is damnable.

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5.

C. V. She who vowed virginity will have condemnation if she marries.

The same, Against Jovinian [Book I]. If a virgin marries, she does not sin—not that virgin who has dedicated herself to divine worship. For if any of these marries, she will have condemnation because she made her first faith void.

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6.

C. VI. She who pretends that she is a religious woman cannot marry.

Likewise Nicholas [Pope Nicholas I to Albinus, archbishop of the Church of Vienne]. As to what you asked concerning the woman who, after the death of her husband, placed the sacred veil upon her head and pretended under that veil that she was a religious woman, but afterward returned to marriage: it seems good to me, because she wished through hypocrisy to disturb the ecclesiastical rule and did not remain lawfully in her vow, that she do penance for the unspeakable mockery, return to that which she pledged, and remain in the sacred ministry that she began.

[PALEA.

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7.

C. VII. The same in the same place.

For if we consent that anyone may pretend each of the ecclesiastical sacraments however he wishes and not perform it truly, the whole ecclesiastical order will be disturbed, neither will the laws of the Catholic faith stand, nor will the sacred canons be duly observed. For what did it profit Simon Magus to receive sacred baptism feignedly and to pretend that he would remain in Christianity, when, after his fraud was detected through the Apostle, what would befall him was foretold? For he says: “May your money be with you unto perdition, for your heart is not right before God. Therefore do penance for this wickedness of yours and ask God whether perhaps this thought of your heart may be forgiven you; for I see that you are in the gall of bitterness and the bond of iniquity.” Therefore we judge that such persons, unless they come to their senses, are to be struck with the spiritual sword. For it is not lawful to lie to the Holy Spirit, as Ananias and Sapphira lied and immediately perished.]

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8.

C. VIII. Those established in sacred orders are not to take wives; and if they take them, they are to be separated.

Likewise Pope Callixtus [II]. We utterly forbid priests, deacons, subdeacons, and monks to have concubines or to contract marriage; we also judge, according to the definition of the sacred canons, that marriages contracted by persons of this kind ought to be dissolved and the persons brought back to penance. GRATIAN. A distinction must be made here: among those who make vows, some make vows simply, concerning whom Augustine and Theodore spoke; others are those for whom, after the vow, there follows the blessing of consecration or the profession of religious life, concerning whom Jerome, Nicholas, and Callixtus wrote. Hence Jerome, writing against the same Jovinian [Book I], says:

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9.

C. IX. Virgins who marry after consecration are incestuous.

Virgins who marry after consecration are not so much adulterous as incestuous.

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