Showing posts with label consanguinity. Show all posts
Showing posts with label consanguinity. Show all posts

Thursday, October 13, 2022

John's Marriages

John, son of Henry II, having seized the throne of England after Richard the Lionheart's death, and subsequently having lost several possessions on the continent through war and treaties, decided to marry into a French noble family in order to regain some influence in France. His choice was Isabella of Angoulême in 1200. There were a couple issues about his decision that certainly raise modern eyebrows, and more than a few contemporary ones.

For one...well, we don't know enough about Isabella to know when she was born, but one estimate is 1188, making her 12 years of age. Still, she would be Countess of Angoulême in her own right when her father died (which he did, in 1202). Also, she was the niece through her mother of the current Latin Emperor of Constantinople, Peter II of Courtenay.

The other—well, one other—issue was that John already had a wife: Isabella, Countess of Gloucester. He managed to have that marriage annulled on the grounds that, as his cousin, he never should have married her in the first place, and in fact had failed to get the proper papal dispensation to do so, considering the current laws of consanguinity (they would change the same year that John would sign the Magna Carta, 1215). Fortunately for John, Isabella complied with there annulment, even though he kept the lands he had received through their marriage.

Back to the second Isabella: she had already been betrothed to Hugh IX le Brun, Count of Lusignan (and remember that Roman numeral; we will be coming back to it in the post after next). Her father decided that his daughter would be better off as a queen than as a Countess of Lusignan, so he agreed to the change in husbands for her. John might have made amends with the Lusignan's, but instead chose to treat them with contempt. This motivated an uprising by the Lusignan and their supporters which John had to suppress. Philip II of France also took the Lusignan snub as an excuse to confiscate the Angoulême lands.

So John's choice did not have all positive results, and rather than make inroads into France through marriage, he alienated a powerful family and lost more lands to Philip.

The second Isabella provided John with something the first one never could, however: heirs, including the next king, Henry III. Here's a good question, though: John was married to his first wife for 10 years. Why did they produce no heirs? The reason is simple: the couple was forbidden to have sexual intercourse. I'll explain that tomorrow.

Sunday, January 9, 2022

Consanguinity

The word "consanguinity" comes from Latin consanguinitas ["blood relation"], and refers to having a close kinship with someone through a common ancestor. Laws of consanguinity—determining the degree of consanguinity allowed for marriage—varied from time to time and place to place


The early Catholic Church followed Roman civil law, which stated that couples within four degrees of consanguinity were forbidden to wed. This was determined by generations: you would count up the family tree to a common ancestor, and then down to the intended spouse. In the 800s this was changed to seven degrees by the church, and was determined by counting back seven generations. This meant that you could not marry if you had the same grandfather (or grandmother), great-grandfather, g-g-grandfather, etc., back seven generations. You could not marry a cousin, second-cousin, third-cousin, right up to seventh-cousin.

This made finding. spouse increasingly difficult, and dispensations by the church were becoming more and more frequent. The Fourth Lateran Council of 1215 decided to deal with this by pulling back so that fourth cousins could marry at will.

Which brings me to Canon 50 of the Fourth Lateran, where the above change is stated and defended. But here's the funny part. In order to make a change to the rules of consanguinity, the Canon begins by stating that human statutes change over time, and after all God Himself changed things in the New Testament from what had been decreed in the Old Testament. With this reasoning, they state the change in the rules, after which it is stated:

Since therefore the prohibition of conjugal union is restricted to the fourth degree, we wish that it remain so in perpetuum, notwithstanding the decrees already issued relative to this matter either by others or by ourselves [Canon 50]

So...statutes can change, and that's why we can change this one, but it better never change again!

And speaking of laws that have changed, they also made some laws concerning Jews, which we will look at next.