Folia Theologica et Canonica 3. 25/17 (2014)

IUS CANONICUM - Anne J. Duggan, The paradox of marriage law: from St Paul to Lateran IV (1215)

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ANNE J. DUGGAN

elaborate ceremonials for espousal and marriage then current in Italy: bestowal of betrothal gifts and ring by husband, accompanied by a written record of the agreed dower in the presence of witnesses representing both parties, followed, either immediately (mox) or after an interval, by solemn offerings (?during mass) and priestly blessing in Church:15 16 17

post sponsalia, quae futurarum sunt nuptiarum promissa foedera,1 quaeque consensu eorum qui haec contrahunt, eteorum in quorum potestate sunt, celebran- tur, et postquam arrhis sponsam sibi sponsus per digitu m fidei a se annulo insig- nitum despondent, dotemque utrique placitam sponsus ei cum scripto pactum hoc continente coram invitatis ab utraque parte tradiderit, aut mox aut apto tempore, ne videlicet ante tempus lege definitum tale quid fieri praesumatur,'1 ambo ad nuptilia foedera perducuntur. Etprimum quidem in ecclesia Domini cum ob- lationibus quas off erre debent Deo per sacerdotis manum statuuntur, sicque de- mum benedictionem, et velamen coeleste suscipiunt, ad exemplum videlicet quod Dominus primos homines in paradiso collocans benedixit eis dicens: Crescite et multiplicamini (Gen. 1: 28) [...] Post haec autem de ecclesia egressi coronas in capitibus gestant

(after the espousals, which are promised agreements to future marriage, in which are celebrated the consent of those who contract them and those in whose power they are, and when the husband has espoused his wife with betrothal gifts (arrhis) by placing a ring on her ‘faith finger’, and after he has, in the presence of persons invited by both, bestowed on her a dower agreeable to both, detailed in a written covenant, they are led to the nuptials, either then or at the appropriate time, lest anything be done before the time specified by law. But first they are required to offer what should be offered to God by the hands of the priest in God’s church, and then receive the blessing and the heavenly veil, following the example that God, placing the first humans in paradise, blessed them, saying, Increase and multiply [...] After this, however, going forth from the church they wear crowns on their heads [...]).

None of these ceremonies, however, was essential. Nicholas went on to tell Prince Boris that he was not saying that it was sinful to omit any of them (peccatimi autem esse, si haec cuncta in nuptiali foedere non interveniant, non di- cimus),18 19 especially since some people could not afford them. ‘Thus’, he concluded, ‘according to the laws (leges),'9 the consent alone (solus [...] consen15 PL CXIX 978-1016, no. 97, at 979-80. Cf. C. 30 q.5 c.3.

16 See at n. 65, below, for the echo in Hugh of St-Victor.

17 Probably referring to the betrothal of impubères, who were legally too young (under 12 for a girl, under 14 for a boy) to give the necessary consent.

18 Ibid., 980.

19 Meaning the Roman laws, above, n. 8 Dig. 5.4.22: Si donationum ante nuptias vei dotis instrumenta defuerint, pompa etiam aliaque nuptiarum celebritas omittatur, nullus aestimet ob id de-