Conformity of the ecclesiastical discipline of the Reformed churches of France with that of the primitive Christians written by M. La Rocque ... ; render'd into English by Jos. Walker.

VIII.

The Cognations called Spiritual, are not so much as com∣priz'd

nor understood by the Words of Consanguinity or Affi∣nity in the Kings Edict, and cannot hinder the contract of Marriage.

CONFORMITY.

The more I read our Discipline, the more I therein find a resemblance with that of the Ancient Christians, I speak of Christians of the first Centuries; for those which have apply'd themselves to the reading Ecclesiastical An∣tiquity, might perceive the changes that have succeeded in process of time in the Ancient Discipline, as well as in the Doctrine, the Establishment I am about to Examine is an Authentick proof; for until the 7th. Century or at least to the end of the 6th. it was never thought of to propose in the works of Ecclesiastical Writers, nor in Councils, Spiritual Cognations, as lawful hindrances of wedlock. If the Epistle attributed to Pope Deus-dedit were true, it would not be deny'd that since the 7th. Century, these pretended Spiritual Cognations were admitted in the Church, but 'tis most certain 'tis false and spurious, it needs only to Read it to find that 'tis false and forged, besides that a good while since, * 1.1 the late Mr. Blondell has shewed clearly in the Judgment he gave of it, that 'twas the work of a Cheat and Impostor.

I know there is in the 2d. Volumn of the works of Gregory the Great, certain Decrees in one of which one Anathematises him that shall have Marry'd his spiritual Gossip, so that if these Cannons are truly his, one must own that these spiritual Cognations has been used in the Latin Church since the latter end of the 6th Century; but what makes me doubt if these Constitutions were his, is, that Dom. Luke D' Achery who has caused them to be printed in the 2 Volumns of his Spicilegium, amongst an Ancient Collection of Cannons, which he thinks to have

been Antecedent to the 9th. Century does indeed repre∣sent them under the Name of Gregory, but somthing du∣biously, not saying of what Gregory, so that they may as well be of some other Gregory; for Example, to the se∣cond, or third, and so the one must come down to the 8th. Century in which the one and the other filled the Roman See.

In effect, in that Century, * 1.2 spiritual Affinity were fre∣quently in the West a hindrance of Marriage, as appears by the first Cannon of a Synod held at Metz under Pepin in the year 753 by the 5th. Chap. of the 5th. Book of Ca∣pitularys, * 1.3 and by the answer of Pope Stephen the 2d. to the 4th. Question was made him on this Matter, as also by the 12th. Cannon of the Council of Compeigne, Anno 757. * 1.4 Since that time the Latins has almost always prohibited marriages of persons betwixt whom there was any spiritual affinity, as for having presented a Child together to be Christened. I observe nevertheless in the 10 Century, that a certain Bishop called Azo, * 1.5 maintained by the holy scrip∣tures, against Atto Bishop of Verceil, that these spiritual affi∣nities were not sufficient to hinder Marriage, whereas Atto did not defend himself to any purpose, but by the Laws and Customs of Princes and Sovereigns, especially by that of Luitprandus who Reigned then in Italy. It is not therfore to be wondered if the Council of Trent Autho∣riz'd this sort of Affinities the 11th. of November Anno 1563 in the 24th. Session, * 1.6 under Pius the 9th. as is ex∣plained in the second Chap. of the Decree of Reforma∣tion of Marriage; although at the end of the 9th Century it was not exactly observed in all the West, as appears by the Cannons 47 and 48 of the Council of Tribur, of which I will speak of on the 13th. Article.

The Greek Church would in nothing come behind the Latin in this matter; for at the end of the 8th Century,

the 6th. Oecumenical Council assembled at Constantinople made a decree, when after having establish'd that the affinity of the Spirit is more considerable than that of the Body, the Fathers declare it is come to their knowledge, that in some places, those which have presented Children to be Baptised, do after marry the Mothers of those Chil∣dren, when they are become Widows, which the Council forbids to be done for the future, and do even make null Marriages of this kind, which shall be made after the Prohibition' and condemn those which contract them to the punishment of Fornicators. We learn by this Decree, that till then no difficulty was made in divers Places to make these kinds of marriages, and to pass by the consi∣deration of spiritual Cognations which might be betwixt those as made them.

Nevertheless since the 6th. Century, the Emperour Justinian had ordained that spiritual Cognation should be a lawful hinderance of Marriage, * 1.7 although the Greek Church made no Decree before that I but now cited and which is after that of Justiniam above a 100 years. Also the Greek Cannonists which have searched the Original of this custom, have gone no farther then the Cannon of Constantinople, and the law of this Emperour. But what surprises me is to see Pope Nicholas the first in his Answer to the Interrogatories of the Bulgarians, in not making these Impediments of Marriages proceed from the Decrees of his Predecessors, but from the laws of Princes and Sovereigns, as if what the Church has done in this occasion was only the Execution of the command of Kings and Emperours. I will say nothing of the Arabian Cannons, attributed to the first Council of Nice, the 21th. and 23th. of which treat of spiritual Cognations, because by confession of the Learned which have any candor and sincerity, these are forged Cannons,

and were forged several years after the Council of Nice. It is better I should finish the examining of this Article by this remark, that when our Discipline declared that these cognations, called spiritual, hindred not to contract Mar∣riage, it follow'd the steps of the Primitive Christians to whom this sort of Affinitys and Relations was unknown for the first 6 whole Centuries, or little less, for towards the end of the 6th. the Emperour Justinian made a Law, but 'twas not soon observed in the Church.

Notes

• * 1.1

  Pseudo∣isid. pag. 676.
• * 1.2

  Tom. 2. conc. Gal. p. 5.
• * 1.3

  Ibid. p. 15
• * 1.4

  Ibid. p. 43
• * 1.5

  Tom. 8. Spicil. p. 113. ad 118.
• * 1.6

  Tom. 9. conc. pag. 412.
• * 1.7

  Lib. 5. Cod. Just. tit. 4. cap. 26.