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9 - Marriage

Published online by Cambridge University Press:  13 December 2019

Edited and translated by
David L. d'Avray
Affiliation:
University College London
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Summary

While the ‘bigamy’ rules applied only to the clergy, and remarriage by lay men or women after a spouse’s death was unproblematic, the indissolubility rule applied to all. The earliest papal legislation was already trying to enforce the system (perhaps unique in the history of literate societies) that ruled out both divorce and polygamy. For the married clergy one can imagine that this was successful in that they were under the bishop’s control. What effect it had on the laity is impossible to estimate but the legacy of these decretals would be a key fact in medieval history. Exclusion from communion after proven adultery came within the purview of the clergy.

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Chapter
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Papal Jurisprudence c. 400
Sources of the Canon Law Tradition
, pp. 171 - 179
Publisher: Cambridge University Press
Print publication year: 2019

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  • Marriage
  • Edited and translated by David L. d'Avray, University College London
  • Book: Papal Jurisprudence c. 400
  • Online publication: 13 December 2019
  • Chapter DOI: https://doi.org/10.1017/9781108695190.009
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  • Marriage
  • Edited and translated by David L. d'Avray, University College London
  • Book: Papal Jurisprudence c. 400
  • Online publication: 13 December 2019
  • Chapter DOI: https://doi.org/10.1017/9781108695190.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Marriage
  • Edited and translated by David L. d'Avray, University College London
  • Book: Papal Jurisprudence c. 400
  • Online publication: 13 December 2019
  • Chapter DOI: https://doi.org/10.1017/9781108695190.009
Available formats
×