Book contents
- Papal Jurisprudence c. 400
- Papal Jurisprudence c. 400
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Abbreviations
- Manuscript Sigla
- 1 Introduction
- 2 The State of Research: Caspar and After
- 3 Texts and Manuscripts
- 4 Rituals and Liturgy
- 5 Status Hierarchy
- 6 Hierarchy of Authority
- 7 Celibacy
- 8 ‘Bigamy’
- 9 Marriage
- 10 Monks and the Secular Clergy
- 11 Heretics: Novatians, Bonosians, and Photinians
- 12 Heretics: In the Shadow of Augustine
- 13 Penance
- Epilogue
- Select Bibliography
- Index
9 - Marriage
Published online by Cambridge University Press: 13 December 2019
Edited and translated by
Book contents
- Papal Jurisprudence c. 400
- Papal Jurisprudence c. 400
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Abbreviations
- Manuscript Sigla
- 1 Introduction
- 2 The State of Research: Caspar and After
- 3 Texts and Manuscripts
- 4 Rituals and Liturgy
- 5 Status Hierarchy
- 6 Hierarchy of Authority
- 7 Celibacy
- 8 ‘Bigamy’
- 9 Marriage
- 10 Monks and the Secular Clergy
- 11 Heretics: Novatians, Bonosians, and Photinians
- 12 Heretics: In the Shadow of Augustine
- 13 Penance
- Epilogue
- Select Bibliography
- Index
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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- Papal Jurisprudence c. 400Sources of the Canon Law Tradition, pp. 171 - 179Publisher: Cambridge University PressPrint publication year: 2019