QUESTION

THE FOURTH.

WHETHER IN THE CONTRACTING OF NUPTIALS

OF VIRGINS AND WIDOWS

for them to be legitimate, is the consent of parents, or if they are not surviving, of the relatives who appear to have authority over the woman and by whom she is guarded, necessarily required?

THESIS I.

Since in the decision of this question, some diversity and inconsistency in the laws appears to occur: from Canon "sufficiat," 27, q. 2; the text in the beginning, Institutes, On Nuptials; Law "nuptiæ," On the Rite of Nuptials; Law "in copulandis," Code, On Nuptials, with concordant texts. Which seem to be opposed by Canon 1, 30, q. 5; c. "nostrates," ibid., where the words ("and of those in whose power they are") are understood according to c. 1, ibid.; Law 1, Law "viduæ," and Law "in conjunctione," Code, On Nuptials; Law "unic.," § "oportet," Code, On the Rape of Virgins, and so forth. We have thought it necessary to seek a reconciliation.

II.

The glosses of Canon and Civil law, and very many commentators on both laws, are accustomed to reconcile this inconsistency partly through the difference between Civil and Canon law, and partly through the distinction between propriety and necessity. Gloss on the said canon "sufficiat," in the framing of the cases, at the end; gloss on the final canon, word "parentum," 32, q. 2; gloss in the beginning, word "in potestate," there Sylvester Aldobrandinus, and the rest, Institutes, On Nuptials, gloss.