Problematyka konkubinatu w uchwałach soborów powszechnych XII-XVI wieku

Abstract

The resolutions of ecumenical councils in 12 ᵗʰ-16 ᵗʰ centuries referred to problem of concubinage very often. According to them, the concubinatus was a sin and crime, so it should have been condemned and punished. The concubinage was penalized in both situations - when it concerned priests and other members of the Catholic Church. The fight against concubinage had a purpose to preserve good opinion about priests and the dignity of the institution of Christian marriage. What regards priests, there was a whole set of canonical sanctions, starting from penalty affecting property and ending with the privation of office and dignities. Exceptionally penalty of imprisonment (poena carceris) was used. What regards laymen, only penalties ferendae sententiae were applied. To make the penalization more effective, bishops could ask State authorities for help (auxilium brachium saeculare). The resolutions also mentioned about impediment to marriage due to affinity, which existed when copula carnalis took place. Many of those norms have been used until 1917, when the first code of canon law was promulgated.