The Roman warriors were married: they fought for their wives and their
children; and they made slaves of the wives and the children of other
nations.
A great Italian politician, who was, besides, learned in the Eastern
tongues, a thing rare among our politicians, said to me in my youth:
"_Caro figlio,_" remember that the Jews never had but one good
institution--that of abhorring virginity. If that little nation of
superstitious jobbers had not regarded marriage as the first of the
human obligations--if there had been among them convents of nuns--they
would have been inevitably lost.
_The Marriage Contract._
Marriage is a contract in the law of nations, of which the Roman
Catholics have made a sacrament.
But the sacrament and the contract are two very different things; with
the one are connected the civil effects, with the other the graces of
the church.
So when the contract is conformable to the law of nations, it must
produce every civil effect. The absence of the sacrament can operate
only in the privation of spiritual graces.
Such has been the jurisprudence of all ages, and of all nations,
excepting the French. Such was the opinion of the most accredited
fathers of the Church. Go through the Theodosian and Justinian codes,
and you will find no law proscribing the marriages of persons of another
creed, not even when contracted between them and Catholics.
It is true, that Constantius--that son of Constantine as cruel as his
father--forbade the Jews, on pain of death, to marry Christian women;
and that Valentinian, Theodosius, and Arcadius made the same
prohibition, under the like penalty, to the Jewish women. But under the
emperor Marcian these laws had ceased to be observed; and Justinian
rejected them from his code. Besides, they were made against the Jews
only; no one ever thought of applying them to the marriage of pagans or
heretics with the followers of the prevailing religion.
Consult St. Augustine, and he will tell you that in his time the
marriages of believers with unbelievers were not considered illicit,
because no gospel text had condemned them: "_Quæ matrimonia cum in
fidelibus, nostris temporibus, jam non putantur esse peccata; quoniam in
Novo Testamento nihil inde preceptum est, et ideo aut licere creditum
est, aut velut dubium derelictum._"
Augustine says, moreover, that these marriages often work the conversion
of the unbelieving party. He cites the example of his own father, who
embraced the Christian religion because his wife, Manica, professed
Christianity. Clotilda, by the conversion of Clovis, and Theolinda, by
that of Agilulf, king of the Lombards, rendered greater service to the
Church than if they had married orthodox princes.
Public-domain text, read in full here on John Shaqi.
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