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Children should contract marriages with the consent of their parents. Graevaevus, consideration 2 at the cited place; Oswald Hilliger, on Donellus book 13, chapter 20, letter C. For even the French law original: "Gallicana sanctio" requires the consent of parents, according to Pasquier, book 3 on epigrams, folio 37; Papon, book 22, title 6, on the Crime of Abduction; Servin, volume 3, plea 6, folio 127; Thuanus, volume 19, folio 404; and Adrien Pulvaeus, treatise on marriage. Furthermore, the older Canons Canon Law the ecclesiastical law governing the Catholic and some Protestant churches almost always require this same consent: chapter "otherwise," chapter "our people," cause 30, question 5, canon "not all," and the following canon, cause 32, question 3. See also Alberico Gentili, On Marriage, book 4, chapters 4 and 8; Lord Bocerus, class 1, dispute 9, thesis 8; Arumaeus, Justinian Exercises 2, thesis 9; Corasius, 1 Miscellany 13, and on law 10 regarding the status of men; Bronchorst, 2 Assertions 15; and Rittershusius, On the differences between Civil and Canon Law, chapter 2 and following.
Even if a betrothal Sponsalia a formal promise to marry has degenerated into a "quasi-marriage" through subsequent sexual intercourse, it seems that a parent who desires a separation original: "distractionem," referring here to the dissolution of the union should still be heard. Digest book 12, section 3, on captives and the right of return; dissenting: chapter "when the cause," extra, on abduction. On this most serious controversy, see Wesenbec, in the Paratitla, law number 8 on the ritual of marriage; Philip Melanchthon A famous German Reformer and collaborator with Martin Luther, in the examination on the consent of parents; Lord Doctor Felix Bidembach, chapter 1, question 1, section "but if truly," folio 19; Lord Doctor Harpprecht, in the preface of the Institutes on marriage, number 70; Alberico Gentili, On Marriage, book 4, chapter 7; Arumaeus, Justinian Exercises 2, thesis 11; and Wilhelm Valentin Forstner, dispute on the Institutes 3, thesis 22.
For although a separation of this kind may be harsh and bitter, such audacity should not be left unpunished; yet it will happen never, or very rarely, that such severity must be used, according to Hilliger, on Donellus book 13, chapter 20, letter V. Indeed, unless we say this, all laws requiring the consent of parents would be meaningless original: "elusoria," or illusory. This is also consistent with French Law: Papon, book 22, title 9, decree 9 near the end; see also Lehman, folio 112, column 2, and my own treatise on marriage subjoined to counsel 2. One might also reasonably say that after the father's death, the consent of the mother is required by Civil Law for the marriage of children, especially for minor daughters: Code book 1 and law 20, on marriage. Borcholten, treatise on degrees, page 52 etc., proves this from Novella 115, chapter 3, section 11 Novella a new law issued by Emperor Justinian after his initial legal code was completed. See also Cypreus, on betrothals 6, section 7; and this is well-settled among the Theologians: Lord Bidembach, cited question 1, section "finally"; Antonius Matthaeus, in notes on the Institutes, title on marriage, folio 32; Papon, cited title 6, decrees 9 and 10. Indeed, in ancient times, the mother even bestowed names upon the sons: see Drusius, in fragments on Genesis, folio 91.
Furthermore, Pierre Ayrault original: "Petr. Aerod.", in his unique treatise on Paternal Law, attempts to prove that a son cannot rightly enter a monastery against the father's will. In that work, he lashes out quite bitterly against his Jesuit son, and brings to his side the text of Matthew 15, verse 4 and following Jesus's critique of the "Corban" tradition, where children dedicated money to God to avoid supporting their parents, although some hold a different view based on Code book 56, section 1, on bishops and clergy. Nor is anyone freed from paternal authority Patria potestas the legal power of a father over his household simply because they have taken up a religious life, as some claim. See Hieronymus Cavallos, Common opinions against common questions, 889; and Heinrich Velsten, centuries.