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Unmercenaries and Wonderworkers Cosmas and Damian · St Theodota, Mother of Cosmas and Damian

Правило 42 Василия Великого

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Marriages against the will of those who possess them are fornication. During the life of the father or master, those who copulate are not without guilt until those who have power over them express consent to their cohabitation. For then the marriage receives firmness. (Ap. 82; IV Universe 4; Trul. 85; Gangr. 3; Carth. 82; Basil Vel. 22, 38, 40). In his 38th rule, Basil the Great forbids a girl to marry without the consent of her father, and in his 40th rule, slaves without the consent of their master; in this rule he brings both of these instructions together, confirming once again that without the consent of those in power, no one has the right to marry; in case of disobedience, such a relationship should be considered fornication (πορνεία). When Saint Basil mentions a girl, he generally means both daughters and sons of one family, the elder of which is the father. The father's consent determined the legality of the marriage under the legislation of Justinian 85. Subsequently, Greco-Roman law required parental consent in general 86 . But in the 9th century. Justinian's law was again restored, and more detailed instructions about this were issued. In our Helmsman, these instructions read: “Marriage does not happen unless those in power who have gathered together do not consult with those who want to marry or encroach on... If the grandfather is not ardent, the father consults about the marriage; If the father is not passionate, the grandfather dominates the meeting, and if the goal makes sense... An autocratic son, who has perfect age, and marries without his father’s consultation... An autocratic daughter, who has perfect age, and does not want her father, marries in a legal marriage” 87. This prescription of Greco-Roman legislation, in agreement with the present and 38 rules of Basil the Great, remained in the practice of the Eastern Church in all subsequent centuries. Digest., XXIII, 1, 11–13; 2, 2, 9. Eclogue, II, 1; Helmsman, ch. 49, 2, 1 (cited ed., II, 174). Ch. 48, 3. 4, 7, 15 (ment. ed. II, 86 vol. - 88) from Prochiron. You might be interested in:
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