Innocent III: Various letters

Innocent III (8 January 1198-16 July 1216)

 

On the Form of the Sacrament of Matrimony

From the letter, "Cum apud sedem" to Humbert, Archbishop of Arles, July 15, 1198

You have asked us whether the dumb and the deaf can be united to each other in marriage. To this question we respond to your brotherhood thus: Since the edict of prohibition concerning the contracting of marriage is that whoever is not prohibited, is consequently permitted, and only the consent of those concerning whose marriages we are speaking is sufficient for marriage, it seems that, if such a one wishes to contract (a marriage), it cannot and it ought not to be denied him, since what he cannot declare by words he can declare by signs.

[From the letter to the Bishop of Mutina, in the year 1200]

Besides in the contracting of marriages we wish you to observe this: when, as in the present case legitimate agreement exists between legitimate persons, which is sufficient in such cases according to canonical sanctions, and if this alone is lacking, other things are made void, even if sexual intercourse itself has taken place, if persons legitimately married afterwards actually contract (marriage) with others, what before had been done according to law cannot be annulled.

 
On the Bond of Marriage and the Pauline Privilege

From the letter "Quanto te magis" to Hugo, Bishop of Ferrara, May 1, 1199

405 Your brotherhood has announced that with one of the spouses passing over to heresy the one who is left desires to rush into second vows and to procreate children, and you have thought that we ought to be consulted through your letter as to whether this can be done under the law. We, therefore, responding to your inquiry regarding the common advice of our brothers make a distinction, although indeed our predecessor seems to have thought otherwise, whether of two unbelievers one is converted to the Catholic Faith, or of two believers one lapses into heresy or falls into the error of paganism. For if one of the unbelieving spouses is converted to the Catholic faith, while the other either is by no means willing to live with him or at least not without blaspheming the divine name or so as to drag him into mortal sin, the one who is left, if he wishes, will pass over to second vows. And in this case we understand what the Apostle says: "If the unbeliever depart, let him depart: for the brother or sister is not subject to servitude in (cases) of this kind" (1Co 7,15). And likewise (we understand) the canon in which it is said that "insult to the Creator dissolves the law of marriage for him who is left." 

406 But if one of the believing spouses either slip into heresy or lapse into the error of paganism, we do not believe that in this case he who is left, as long as the other is living, can enter into a second marriage; although in this case a greater insult to the Creator is evident. Although indeed true matrimony exists between unbelievers, yet it is not ratified; between believers, however, a true and ratified marriage exists, because the sacrament of faith, which once was admitted, is never lost, but makes the sacrament of marriage ratified so that it itself lasts between married persons as long as the sacrament of faith endures.

 
Marriages of Pagans and the Pauline Privilege

From the letter "Gaudemus in Domino" to the Bishop of Tiberias, in the beginning of 1201

407 You have asked to be shown through Apostolic writings whether pagans receiving wives in the second, third, or further degree ought, thus united, to remain after their conversion with the wives united to them or ought to be separated from them. Regarding this we reply to your brotherhood thus, that, since the sacrament of marriage exists between believing and unbelieving spouses as the Apostle points out when he says: "If any brother has an unbelieving wife, and she consents to live with him, let him not put her away" (1Co 7,12), and since in the aforesaid degree matrimony is lawfully contracted with respect to them by pagans who are not restricted by canonical constitutions, ("For what is it to me?" according to the same Apostle, "to judge concerning those which are outside?" (1Co 5,12); in favor especially of the Christian religion and faith, from receiving which many fearing to be deserted by their wives can easily be restrained, such believers, having been joined in marriage, can freely and licitly remain united, since through the sacrament of baptism marriages are not dissolved but sins are forgiven.
 
408 But since pagans divide their conjugal affection among many women at the same time, it is rightly doubted whether after conversion all or which one of all they can retain. But this (practice) seems to be in disagreement with and inimical to the Christian Faith, since in the beginning one rib was changed into one woman, and Divine Scripture testifies that "on account of this, man shall leave father and mother and shall cling to his wife and they shall be two in one flesh" (Ep 5,31 Gn 2,24 cf. Matt. Mt 19,5); it does not say "three or more" but two; nor did it say "he will cling to wives" but to a wife. Never is it permitted to anyone to have several wives at one time except to whom it was granted by divine revelation. This custom existed at one time, sometimes was even regarded as lawful, by which, as Jacob from a lie, the Israelites from theft, and Samson from homicide, so also the Patriarchs and other just men, who we read had many wives at the same time, were excused from adultery. Certainly this opinion is proved true also by the witness of Truth, which testifies in the Gospel: "Whosoever puts away his wife (except) on account of fornication, and marries another commits adultery," (Mt 19,9 cf. Mark Mc 10,11). If, therefore, when the wife has been dismissed, another cannot be married according to law, all the more she herself cannot be retained; through this it clearly appears that regarding marriage plurality in either sex-since they are not judged unequally must be condemned. Moreover, he who according to his rite puts away a lawful wife, since Truth in the Gospel has condemned such a repudiation, never while she lives, even after being converted to the faith of Christ, can he have another wife, unless after his conversion she refuses to live with him, or even if she should consent, yet not without insult to the Creator, or so as to lead him into mortal sin. In this case to the one seeking restitution, although it be established regarding unjust spoliation, restitution would be denied, because according to the Apostle: "A brother or sister is not subject to servitude in (cases) of this kind" (1Co 7,12). But if her conversion should follow his conversion to faith, before, on account of the above mentioned causes, he would marry a legitimate wife, he would be compelled to take her back again. Although, too, according to the Evangelical truth, "he who marries one put aside is guilty of adultery" (Mt 19,9), yet the one doing the dismissing will not be able to upbraid the one dismissed with fornication because he married her after the repudiation, unless she shall otherwise have committed fornication.

 

The Dissolubility of Valid Marriage by Religious Profession

[From the letter "Ex parte tua" to Andrew, the Archbishop of Lyons, Jan. 12, 1206]

409 Unwilling to depart suddenly on this point from the footsteps of our predecessors who, on being consulted, responded that before marriage has been consummated by sexual intercourse, it is permitted for one of the parties, even without consulting the remaining one, to pass over to religion, so that the one left can henceforth legitimately marry another; we advise you that this must be observed.

 

[From the letter "Fitts exemplo" to the Archbishop of Terraco, Dec. 18, 1208]

424 The sacraments also which are celebrated in it with the inestimable and invisible power of the Holy Spirit cooperating, although they may be administered by a priest who is a sinner, as long as the Church accepts him, in no way do we reprove nor from ecclesiastical offices or blessings celebrated by him do we withdraw; but we receive with a kind mind as from the most just, because the wickedness of a bishop or priest does no harm to the baptism of an infant, nor to consecrating the Eucharist, nor to the other ecclesiastical duties celebrated for subjects. We approve, therefore, the baptism of infants, who, if they died after baptism, before they commit sins, we confess and believe are saved; and in baptism all sins, that original sin which was contracted as well as those which voluntarily have been committed, we believe are forgiven. We decree that confirmation performed by a bishop, that is, by the imposition of hands, is holy and must be received reverently. Firmly and without doubt with a pure heart we believe and simply in faithful words we affirm that the sacrifice, that is, the bread and wine [Other texts: in the sacrifice of the Eucharist those things which before consecration were bread and wine] after the consecration is the true body and blood of our Lord Jesus Christ, in which we believe nothing more by a good nor less by a bad priest is accomplished because it is accomplished not in the merits of the one who consecrates but in the word of the Creator and in the power of the Holy Spirit. Therefore, we firmly believe and we confess that however honest, religious, holy, and prudent anyone may be, he cannot nor ought he to consecrate the Eucharist nor to perform the sacrifice of the altar unless he be a priest, regularly ordained by a visible and perceptible bishop. And to this office three things are necessary, as we believe: namely, a certain person, that is a priest as we said above, properly established by a bishop for that office; and those solemn words which have been expressed by the holy Fathers in the canon; and the faithful intention of the one who offers himself; and so we firmly believe and declare that whosoever without the preceding episcopal ordination, as we said above, believes and contends that he can offer the sacrifice of the Eucharist is a heretic and is a participant and companion of the perdition of Core and his followers, and he must be segregated from the entire holy Roman Church. To sinners truly penitent, we believe that forgiveness is granted by God, and with them we communicate most gladly. We venerate the anointing of the sick with the consecrated oil. According to the Apostle (cf. 1Co 7) we do not deny that carnal unions should be formed, but ordinarily we forbid absolutely the breaking of the contracts. Man also with his wife we believe and confess are saved, and we do not even condemn second or later marriages.

Source:https://www.clerus.org/bibliaclerusonline/en/dfp.htm

Tags: form of matrimony, Pauline privilege, polygamy