of man or woman as possessing the character of
a marriage in the eyes of God, and, therefore, in
the judgment of the Church” (art. “Concubinage,”
Smith and Cheetham, Dictionary of Christian
Antiquities). This was the feeling of
St. Augustine (who had himself, before his conversion,
had a concubine who was apparently a Christian),
and the Council of Toledo admitted an unmarried
man who was faithful to a concubine. As the
law of the Catholic Church grew more and more rigid,
it necessarily lost touch with human needs. It
was not so in the early Church during the great
ages of its vital growth. In those ages even
the strenuous general rule of monogamy was relaxed
when such relaxation seemed reasonable. This was
so, for instance, in the case of sexual impotency.
Thus early in the eighth century Gregory II, writing
to Boniface, the apostle of Germany, in answer
to a question by the latter, replies that when a
wife is incapable from physical infirmity from fulfilling
her marital duties it is permissible for the husband
to take a second wife, though he must not withdraw
maintenance from the first. A little later
Archbishop Egbert of York, in his Dialogus de Institutione
Ecclesiastica, though more cautiously, admits that
when one of two married persons is infirm the other,
with the permission of the infirm one, may marry
again, but the infirm one is not allowed to marry
again during the other’s life. Impotency
at the time of marriage, of course, made the marriage
void without the intervention of any ecclesiastical
law. But Aquinas, and later theologians,
allow that an excessive disgust for a wife justifies
a man in regarding himself as impotent in relation
to her. These rules are, of course, quite
distinct from the permissions to break the marriage
laws granted to kings and princes; such permissions
do not count as evidence of the Church’s
rules, for, as the Council of Constantinople prudently
decided in 809, “Divine law can do nothing
against Kings” (art. “Bigamy,”
Dictionary of Christian Antiquities). The
law of monogamy was also relaxed in cases of enforced
or voluntary desertion. Thus the Council
of Vermerie (752) enacted that if a wife will
not accompany her husband when he is compelled to
follow his lord into another land, he may marry
again, provided he sees no hope of returning.
Theodore of Canterbury (688), again, pronounces
that if a wife is carried away by the enemy and her
husband cannot redeem her, he may marry again after
an interval of a year, or, if there is a chance
of redeeming her, after an interval of five years;
the wife may do the same. Such rules, though
not general, show, as Meyrick points out (art.
“Marriage,” Dictionary of Christian
Antiquities), a willingness “to meet
particular cases as they arise.”
As the Canon law grew rigid and the Catholic Church lost its vital adaptibility, sexual variations ceased to be recognized within its sphere. We have to wait for the Reformation for