| The Byzantine Emperor had both civil and ecclesiastical roles, promulgating legislation for both. Justinian's Corpus Iuris Civilis, promulgated c. 530, mandated a form for marriage not requiring a priestly blessing. The law code of Constantine V, promulgated c. 741, authorized four valid forms, only one of which required the blessing. The Novellae of Emperor Leo VI, promulgated c. 893, mandate the priestly blessing as the only form for marriage.; This single form for marriage remains the norm among the Orthodox Churches. Among the Eastern Catholic Churches, the requirement of the priestly blessing for marriage has been confirmed up to the early 19th century. Since that time, however, the influence of the Western Church has reduced the stringency with which this tradition is applied. The use of an extraordinary form, not requiring the blessing, was mandated by the Roman Curia within certain of the eastern churches at various times, becoming universal for eastern catholics with canon 89 of Pius XII's 1949 motu proprio, Crebrae allatae.; Vatican II's Orientalium ecclesiarum urged Eastern Catholic Churches to return to and preserve their heritage---their proper traditions and liturgical rites. The 1974 Guidelines for the Revision of the Code reaffirmed this mandate and emphasized the "oriental character" of the forthcoming eastern Code of Canon Law. However, canon 832 of the 1990 Code of Canons of the Eastern Churches (CCEO), restates canon 89 of Crebrae allatae. This is viewed by some as foreign to the sacramental tradition of the East, and is among the points of contention in ecumenical dialogue with the Orthodox Churches.; Method. This dissertation will examine the marriage legislation of the three major Byzantine law codes of the first millennium with an emphasis on the required form(s) of marriage. It attempts to show that a valid form of marriage not requiring the sacramental involvement of a priest is not foreign to the tradition of the Byzantine East before it was formally outlawed in the late ninth century. Finally, it will also examine the impact of this legislation on the extraordinary form of marriage found in canon 832 of the 1990 CCEO. |
