From the letter "Ex publico instrumento" to the Bishop of Brescia, of uncertain time
On the indissolubility of marriage
395 Since the aforesaid woman, although she has been espoused by the aforesaid man, yet up to this time, as she asserts, has not been known by him, in instructing your brotherhood through Apostolic writings we order that if the aforesaid man has not known the said woman carnally and this same woman, as it is reported to us on your part, wishes to enter religion, after she has been made sufficiently mindful that she ought either to enter religion or return to her husband within two months, you at the termination of her objection and appeal absolve her from the sentence (of excommunication); that if she enters religion, each restore to the other what each is known to have received from the other, and the man himself, when she takes the habit of religion, have the liberty of passing over to other vows. Certainly what the Lord says in the Gospel: "It is not permitted to man unless on account of fornication to put away his wife" (Mt 5,32 Mt 19,9), must be understood according to the interpretation of the sacred words concerning those whose marriage has been consummated by sexual intercourse, without which marriage cannot be consummated, and so, if the aforesaid woman has not been known by her husband, it is permissible (for her) to enter religion.
From fragments of a letter to the Archbishop of Salerno, of uncertain time
396 After legitimate consent in the present case it is permitted to the one, even with the other objecting, to choose a monastery, as some saints have been called from marriage, as long as sexual intercourse has not taken place between them. And to the one remaining, if, after being advised, he is unwilling to observe continency, he is permitted to pass over to second vows; because, since they have not been made one flesh, it is quite possible for the one to pass over to God, and the other to remain in the world. *
397 If between the man and the woman legitimate consent . . . occurs in the present, so indeed that one expressly receives another by mutual consent with the accustomed words. . . . whether an oath is introduced or not, it is not permissible for the woman to marry another. And if she should marry, even if carnal intercourse has taken place, she should be separated from him, and forced by ecclesiastical order to return to the first, although some think otherwise and also judgment has been rendered in another way by certain of our predecessors.
Tags: indissolubility, Petrine privilege