Raptus puellae as impediment to marriage in Decretum Gratiani

Beata Wojciechowska

doi:10.21697/sc.2016.23.05en

Published:

Vol. 23 (2016)

Raptus puellae as impediment to marriage in Decretum Gratiani

Beata Wojciechowska

Saeculum Christianum. Historical Writings

Section: Rozprawy i Artykuły

https://doi.org/10.21697/sc.2016.23.05en

Abstract

Marriage has always been a concern of the Church. The Christian doctrine gave matrimonium sacred meaning and at the same time fully endorsed the concept of mutual consent which originated from the Roman law. The act of abduction with its legal and ethical consequences was described in detail in the Decretum Gratiani. The punishment for the abductor was public penance and prohibition of marriage. If the fiancé was unwilling to take back the abducted bride he was allowed to marry another woman. However, if the fiancé and the bride wanted to get married afresh, they were to be both excommunicated until they had made their reparation. The Decretum Gratiani clearly indicated that the raptus puellae was an impediment which prevented marriage. The reason was the duress of abduction, which was contrasted with free will, voluntarily consent and the approval of father, parents or guardians.

Keywords:

marriage, impediment to marriage, abduction, Decretum Gratiani

Beata Wojciechowska

Affiliation:

Faculty of Humanities, Jan Kochanowski University, Kielce Poland

Bio Statement (e.g., department and rank)

Prof. dr hab. Beata Wojciechowska at the Jan Kochanowski University, a historian, medievalist dealing with the subjects of religiosity, the history of canon law and medieval medicine.

Raptus puellae as impediment to marriage in Decretum Gratiani

Abstract

Keywords:

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