document — Palmieri, On Christian Marriage

From the Epistle of Zacharias, Roman Pontiff, to Pepin, Mayor of the Palace, the Bishops, Abbots, and Nobles of the Franks, A.D. 747

¶1273.

These responses, at the command of Zacharias himself in Epistle VIII to Boniface, were to be read in the Council of Bishops.

¶1274.

Response VII. Concerning a layman driving away his spouse, from the canon of the Holy Apostles, chapter 48: If any layman, driving away his own wife, has led another, or one dismissed by another, let him be deprived of communion.

¶1275.

Response XII. Concerning those who dismiss wives or husbands, so that they remain thus, from the African Council, chapter 69 (in the Code of Dionysius, among the African Canons, this is the 102nd), it is thus contained: It has pleased us that according to evangelical and apostolic discipline, etc.

¶1276.

Cf. above, Canon VIII from the Council of Carthage, A.D. 407.

¶1277.

Response XX. Concerning veiled virgins, if they have strayed, what is to be done with them, in the book of decrees of blessed Pope Innocent, chapter 19, it is asserted: "those who spiritually marry Christ," etc.

¶1278.

Cf. his Decree XIII from the epistle to Victricius, above.

¶1279.

Response XXI. Likewise concerning non-veiled virgins, if they have strayed, in the same book, chapter 20, it is contained: "But those who have not yet been covered with the sacred veil," etc.

¶1280.

Cf. his Decree XIII in the same place, above.

¶1281.

Response XXII. Concerning those women who have married two brothers, or those men who have accepted two sisters, in the Council of Neocaesarea, Canon II, it is contained, etc. (cf. above). But we, with divine grace supporting us, confirming much more according to the decrees of our predecessor Pontiffs, say that so long as generation has known itself, according to the rite and norm of Christianity and the religion of the Romans, marriages are not to be coupled.

¶1282.

Cf. the decree of Gregory III and the response of Gregory the Great to Felix, above.

¶1283.

He continues in the same place: But let no one, by rash daring, lead as wife a spiritual woman, that is, a co-mother or daughter, which God forbid. For it is a wickedness and pernicious sin ... For it is so grave that no one, by the assertion of the holy Fathers or holy synods, nor even in the imperial laws, is indicated; but fearing the terrible judgment of God, they were silent to give sentence. Cf. Canon IV of the Roman Council of Gregory II.

¶1284.

But although Justinian, in Code L. V, Tit. IV, l. 26, prohibited nuptials with that person whom one received from sacred baptism, nevertheless it is clear that Zacharias chiefly fortifies his response with the authority of the Fathers; and when he affirms that the Fathers never permitted this, it is evident that the law of Justinian looked to confirming the decree of the Church.

¶1285.

Response XXVI. Concerning monks and virgins not keeping their purpose, it is contained in the book of decrees of blessed Pope Siricius, chapter 6: "besides, certain monks and nuns," etc.

¶1286.

Cf. his Decree VI from the epistle to Himerius, above.

¶1287.

Response XXVII. Concerning those women who, not compelled but by their own will, undertook the purpose of virginity, what they commit when they marry, in the book of decrees of blessed Pope Leo, chapter 27 (thus from Dionysius), it is contained: "Girls who, not compelled," etc.

¶1288.

Cf. his Decree XV from the epistle to Rusticus, above.