Historians of medieval marriage practices ascribe particular significance to Pope Alexander III’s twelfth century synthesis of existing ecclesiastical and legal opinion concerning marriage. Alexander produced a doctrine that treated marriage as a consensual union rather than as an arrangement made by parents for reasons of economic expediency: under Alexandrine doctrine, a couple could establish marriage by words of mutual consent and without the consent of parents. These contracts were of two kinds. On the one hand, a binding and immediately effective union was created through the exchange of words of present consent (per verba de praesenti). Neither the prior announcement of the intention to wed nor the solemnization conferred by Church ritual added anything to the validity and permanence of such a contract. On the other hand, a promise to marry was expressed by words of future consent (per verba de futuro); such a contract might be terminated by the agreement of the parties or by a subsequent de praesenti contract.
Although Alexandrine doctrine accepted the secular legal validity of those contracts that lacked public announcement and ritual solemnization, it nonetheless attempted to discourage such clandestine unions and to regulate marriage procedures. According to the doctrine, a marriage was to be preceded by the publication of the marriage announcements, or banns, on three successive Sundays to allow community members to raise any legal objections to the intended union. Those couples ignoring this requirement were to be excommunicated, and any priest solemnizing an unpublicized union could be suspended for up to three years. However, the essential secular legal validity of the marriage was in no way impaired.
The presence or absence of the banns became the acid test to determine whether a contract was considered clandestine. Consequently, the very term “clandestine” came to cover a multitude of sins. It could apply just as much to the publicly solemnized marriage that violated Church law with regard to the time and place of the banns as it could to the informal de praesenti contract.
Historian Charles Donahue has stressed the controversial nature of Alexander’s view that the consent of the individuals concerned was sufficient to produce a legally binding marriage; so long as they acted in accordance with established bann procedures, a couple could marry without parental consent and still enjoy the blessing of the Church. Furthermore, Donahue suggests that Alexandrine doctrine can be seen as encouraging marriage as a spiritual union rather than a merely pragmatic arrangement: marriages of love were to be promoted at the expense of those of economic convenience, and the Church was made the guardian of individual freedom in this area. This interpretation is indeed a radical one, given traditional perceptions of the medieval Church as the most potent authoritarian force in a rigidly hierarchical society
1. Which one of the following best states the main idea of the passage?(A) The doctrine .of marriage by Pope Alexanderm represented a synthesis of traditional ecclesiastical and legal opinion and, according to at least one commentator, encouraged clandestine marriages.
(B) The doctrine of marriage promulgated by Pope Alexander ill was based on the mutual consent of the persons involved and. according to at least one commentator, encouraged marriages based on love.
(C) Though ostensibly intended to promote marriages based on love rather than on expediency, the doctrine of marriage promulgated by Pope Alexander ill in fact represented a tightening of Church authority.
(D) The spoken marriage contracts legitimized by Pope Alexandermwere of two kinds: words of present consent and words of future consent.
(E) According to at least one interpretation, the doctrine of marriage promulgated by Pope Alexander ill stated that couples who married without ritual solemnization were to be excommunicated from the Church.
2. Which one of the following can be inferred about the role of parents in medieval marriage practices?(A) Parents were more likely to bow to the dictates of the Church than were their children.
(B) Parents were likely to favor the de praesenti rather than the de .futuro contract.
(C) Parents were more concerned with the ecclesiastical sanction of a marriage than with its legal validity.
(D) Parents did not have the power, under Alexandrine doctrine, to prohibit a marriage based on the mutual consent of the couple rather than an economic expediency.
(E) Parents' concern over the prevalence of clandestine marriages helped bring about the Alexandrine synthesis.
3. According to the passage, which one of the following placed couples at risk of being excommunicated under Alexandrine doctrine?(A) violation of laws requiring ritual solemnization of vows
(B) violation of established banns procedures
(C) marrying without parental consent
(D) marrying without the blessing of a priest
(E) replacing a de futuro contract with a de praesenti contract
4. Which one of the following best defines "clandestine" as that word is used in the second paragraph of the passage?(A) legal, but unrecognized by the Church
(B) legal, but unrecognized by a couple's parents
(C) recognized by the Church, but legally invalid
(D) recognized by the Church, but arranged for reasons of economic expediency
(E) arranged by de futuro contract, but subsequently terminated
5. The primary purpose of the passage is to(A) question the legitimacy of a scholarly work by examining the facts on which it is based
(B) trace the influence of an important legal doctrine through several historical periods
(C) call for a renewed commitment to research into a neglected field
(D) summarize the history of an era and endorse a new scholarly approach to that era
(E) explain a historically important doctrine and describe a controversial interpretation of that doctrine
6. Which one of the following can be inferred from the passage concerning the differences between Charles Donahue's interpretation of medieval marriage practices and other interpretations?(A) Most other studies have deemphasized the importance of Pope Alexander III.
(B) Most other studies have seen in Alexandrine doctrine the beginning of modern secular marriage laws.
(C) Most other studies have not emphasized the medieval Church's promotion of individual choice in marriage.
(D) Most other studies have misread the complicated legal and ecclesiastical rituals involved in the public announcement and ritual solemnization of marriage.
(E) Most other studies have concentrated on the ecclesiastical rather than the secular aspects of Alexandrine doctrine.
7. According to the passage, which one of the following distinguished the de futuro contract from the de praesenti contract?(A) One was recognized by Alexandrine doctrine, while the other was considered a secular contract.
(B) One required the permission of parents, while the other concerned only the couple involved.
(C) One required the announcement of marriage banns, while the other could be entered into solely through a verbal contract.
(D) One expressed future intent, while the other established an immediate, binding union.
(E) One allowed the solemnization of Church ritual, while the other resulted in excommunication.
8. Which one of the following best describes the function of the second paragraph of the passage?(A) It presents an interpretation of facts that diverges from the interpretation given in the first paragraph.
(B) It identifies an exception to a rule explained in the first paragraph.
(C) It elaborates upon information presented in the first paragraph by presenting additional information.
(D) It summarizes traditional interpretations of a topic, then introduces a new interpretation.
(E) It states the objections of the author of the passage to the argument presented in the first paragraph.