Presbyters Uniwersytet Warszawski
ID
ER 1814
A cleric should not give his daughter to an already married man; but she can marry a man who dismissed a concubine. Letter 167 of Pope Leo the Great to Bishop Rusticus of Narbonne (Gaul), written in Rome, AD 458/461.
Letter 167 [inc. "Epistolas fraternitatis tuae"]
 
Leo responds on the queries of Rusticus in the form of questions and answers:
 
Inquisitio 4. — De presbytero, vel diacono, qui filiam suam virginem illi viro in conjugium dederit, qui jam habebat conjunctam mulierem, ex qua etiam filios susceperat.
 
Responsum. — Non omnis mulier juncta viro, uxor est viri, quia nec omnis filius heres est patris. Nuptiarum autem foedera inter ingenuos sunt legitima, et inter aequales; multo prius hoc ipsum Domino constituente, quam initium Romani juris existeret. Itaque aliud est uxor, aliud concubina; sicut aliud ancilla, aliud libera. Propter quod etiam Apostolus ad manifestandam harum personarum discretionem, testimonium ponit ex Genesi, ubi dicitur Abrahae: "Ejice ancillam et filium ejus: non pertinere ad matrimonium, in qua docetur nuptiale non fuisse mysterium. Igitur cujuslibet loci clericus, si filiam suam viro habenti concubinam in matrimonium dederit, non ita accipiendum est, quasi eam conjugato dederit; nisi forte illa mulier, et ingenua facta, et dotata legitime, et publicis nuptiis honestata videatur.
 
(Patrologia Latina 54, 1204-1205 = Ballerini 1753: 1422)
Letter 167 [inc. "Epistolas fraternitatis tuae"]
 
Leo responds on the queries of Rusticus in the form of questions and answers:
 
Question 4. — Concerning a presbyter or deacon who has given his unmarried daughter in marriage to a man who already had a woman joined to him, by whom he also had children.
 
Reply. — Not every woman that is joined to a man is his wife, even as every son is not his father's heir. But the marriage bond is legitimate between the freeborn and between equals: this was laid down by the Lord long before the Roman law had its beginning.  And so a wife is different from a concubine, even as a bondwoman from a freewoman. For which reason also the Apostle in order to show the difference of these persons quotes from Genesis, where it is said to Abraham, "Cast out the bondwoman and her son: for the son of the bondwoman shall not be heir with my son Isaac." [Gen 21:10; Gal 4:30] And hence, since the marriage tie was from the beginning so constituted as apart from the joining of the sexes to symbolize the mystic union of Christ and His Church, it is undoubted that that woman has no part in matrimony, in whose case it is shown that the mystery of marriage has not taken place. Accordingly a clergyman of any rank who has given his daughter in marriage to a man that has a concubine, must not be considered to have given her to a married man, unless perchance the other woman should appear to have become free, to have been legitimately dowered and to have been honoured by public nuptials.
 
(trans. Ch. Lett Feltoe 1895: 110)

Place of event:

Region
  • Rome
  • Gaul
City
  • Rome
  • Narbonne

About the source:

Author: Leo the Great
Title: Letters, Epistulae
Origin: Rome (Rome)
Denomination: Catholic/Nicene/Chalcedonian
Leo the Great was the bishop of Rome from AD 440 to his death in AD 461. We have the collection of 173 letters of Leo.
 
The present letter is not dated and various possible datings were proposed in the scholarship. The most convincing is a conjecture of Ballerini that the letter was written not before 458:
1) Leo`s letters safely dated to 458 such as Letter 159 to Bishop Nicetas of Aquileia and Letter 166 to Bishop Neo of Ravenna also mention Romans held in captivity by the pagan or heretical barbarians;
2) in Letter 166 to Neo of Ravenna (dated to 23 October 458), Leo refers to a problem of former Roman captives who return home not knowing whether they were baptized or not, as something new and unheard; the same issue is discussed by Leo in the letter of Rusticus which needs to be later than that to Neo.
The letter was written before 461, the year of death of Leo, but also before the episcopal promotion of the Archdeacon Hermes which took place still during the pontificate of Leo (see PCBE, Gaule, v. 1, Hermes).
Edition:
P. and G. Ballerini eds., Sancti Leoni Magni Romani pontificis opera, vol. 1, Venice 1753
Patrologia Latina, vol. 54
 
Translation:

Categories:

Family life - Offspring
    Described by a title - Presbyter/πρεσβύτερος
      Described by a title - Clericus
        Please quote this record referring to its author, database name, number, and, if possible, stable URL: M. Szada, Presbyters in the Late Antique West, ER1814, http://www.presbytersproject.ihuw.pl/index.php?id=6&SourceID=1814