Gratian: On Marriage (dictum post C. 32. 2. 2)
The response is as follows:- The first institution of
marriage was effected in Paradise in such a way that there
would have been "an unstained bed and honourable marriage"
[Heb., xiii. 4] resulting in conception without ardor and
birth without pain. The second, to eliminate unlawful
movement, was effcted outside Paradise in such a way that
the infirmity that is prone to foul ruin might be rescued by
the uprightness of marriage. This is why the apostle,
writing to the Corinthians says, "On account of fornication
let each man have his own wife and each woman her own
husband" [I Cor., vii. 2]. It is for this reason that the
married owe a mutual debt to each other and cannot deny each
other. So the apostle says, "Do not defraud one another
except perhaps by consent for a time in order to give
yourselves [more readily] to prayer. But return to it again
lest Satan tempt you. [However I say this] on account of
your incontinence" [I Cor., vii. 5]. Therefore, given that
they are admonished to return to the natural use because of
incontinence, it is clear that they are not commanded to
join together solely for the procreation of children. Yet
marriage is not to be judged evil on that account, for what
is done outside of the intention of generation is not an
evil of marriage, but is forgiveable on account of the good
of marriage which is threefold: Fidelity, Offspring, and
Sacrament.
Huguccio gloss ad "sine ardore" ("Without ardor"):
For, if man had not sinned, union would have been like the
union of other bodily members and would have been without
the fervor and itching of pleasure just like the union of
other members is. For member would have been joined to
member ... just like a slate to a slate."
Huguccio gloss ad "quod enim" ("Yet marriage"):
The words are introduced by Master Augustine. But for better
understanding, you should note with these words and the
following points, that a man may know his wife for four
reasons, that is for offspring, to pay the debt, for
incontinence, or to satisfy lust and for the sake of
pleasure.
If for offspring, then coition is no sin, venial or mortal.
Indeed, if done for love [caritas], it merits eternal life.
The same is true when copulation is to pay the debt. Again,
when it is for incontinence, coition is venial and the man
sins venially. But when it is from lust or for the sake of
pleasure, then the coition is a mortal sin and the man sins
mortally. But whether the coition itself is a sin or not, it
is never done without sin because it is always done and
associated with some itching and pleasure. For in the
emission of sperm there is always some fervor or pleasure
which cannot be without blame.
And these dicta assume that the man and his wife have sex
according to the order of nature, for anyone who goes
against nature always sins mortally and more seriously with
his wife than with anyone else and should be punished more
seriously...
Note the difference between the two cases of husband-wife
sex, for incontinence and for pleasure and lust ... In the
second case, he seeks to procure pleasure with hands or
thought or passionate uses and incentives so he can do more
than just have sex with his wife. Some however say that in
both these cases coition is only a venial sin and man only
sins venially whether he has his wife for incontinence or
for satisfaction of lust. If therefore it seems to say
elsewhere that he sins mortally, this is either said for the
encouragement of continence and in detestation of the crime
of adultery, or it is to be understood concerning coition
against nature, or because he acts as an adulterer when he
burns like an adulterer even with his own wife. But I do not
waver from the words of the chapter ... and I say that the
next chapter is to be understood as referring to
incontinence and what is properly to be understood
concerning lustful enjoyment emerges later ...
Glossa Ordinaria ad "His ita respondetur" ("The response is
as follows": This is the second part of the Question, in
which it says that marriage was instituted and permitted
twice. First in Paradise simply for offspring. Secondly
outside Paradise for offspring and to avoid the infirmity of
the flesh, because marriage has a threefold good, Faith,
Offspring and Sacrament. (John of Faenza)
Casus: In this chapter Gratian distinguishes the
institutions of marriage. One which was before sin and for
the procreation of offspring. And the other which was given
after sin for the avoidance of fornication. Which is proved
by authority of the apostle saying: "On account of
fornication", etc. So those who are joined in this way
[marriage] cannot practise continence except by mutual
consent. Which is proved similarly by authority of the
apostle. So those who join ("coniuncti sunt") to avoid
fornication ought to be called "coniuges". See the next
chapter for proof.
Translation by Paul Hyams of Cornell University. See his Course Page?. He indicated that the translations are available for educational use. He intends to expand the number of translations, so keep a note of his home page.
This text is listed as part of the Internet Medieval Source Book. The Sourcebook is a collection of public domain and copy-permitted texts related to medieval and Byzantine history.
Paul Halsall Jan 1996, updated 05/05/1999
halsall@fordham.edu
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