MARRIAGE IN CANON LAW
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This document was written as the essential textbook of Church law, and from the first it was supplemented by rules and judgments framed by the popes and judges. The selection included here addresses the question of how the courts treated the rules of the church and applied them to real cases, such as this one from the English diocese of Canterbury in 1293. This document considers the nature of law and divides law into the natural law and customs, both of which rule mankind. This is part of a collection of elements of Church law made by the monk Gratian in Bologna between 1139 and 1150. Gratian's purpose was not merely to codify but to reconcile contradictions found in the customs and rules of the church over the preceding centuries. Gratian offers a series of analyses of specific doctrines in Church law, beginning with a comparison of divine and human law. He finds that natural law is common to all nations and that it prevails by means of natural instinct rather than formal legislation. The issue addressed in these pages is marriage, governed by both natural law and human customs. Gratian begins by defining marriage as a union of man and woman made by the consent of both. He then considers the meaning of consent, when consent can be assumed to have been given, and what errors might mean that consent was not given. The many different ramifications of such a seemingly simple act as giving consent to marriage are explored, and we can see in
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nt in such an institution is indicated by the provisions made in the document at hand, the early statues of the Sorbonne as the institution was developing and creating a tradition to be maintained thereafter.
A number of things can be discerned from these early rules. The school was for males alone. Certain religious observances were written into the rules, notably regarding when to fast based on holy days of the Catholic Church. Many of the rules regard eating--where to eat, when to eat, not to eat in the rooms, who pays for eating and who does not, and so on. Another issue regards who is to be considered a guest and when a guest becomes more than that and must pay for food and lodging.
Various matters regarding housekeeping and the protection of possessions are noted in the rules. Clothing is to be marked, and the marks recorded so everyone can keep track of their belongings. Again and again phrases are used to show that the purpose of these rules is to assure the "peace and utility" of the community. The rules apply to those charged with overseeing the welfare of the residents as well, notably the proctors whoa re told in the rules what they must provide in the way of food and drink and on what schedule. They also m
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Approximate Word count = 1713
Approximate Pages = 7 (250 words per page)
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