Here is some information on the history of annulment (which was a developing doctrine, like all Christian doctrines):

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Professor of History and Philosophy of Religion E. O. James (unstated religious persuasion) writes, in his Marriage Customs Through the Ages (New York: Collier Books, 1965, pp. 129-130, 132-133, 151-152):

Canonical legislation governing Christian marriage gradually became systematized to interpret and apply the divine law on the assumption that the sacramental contract validly made and consummated is dissoluble only by the death of one of the parties . . . . .

[the author cites the presence from the beginning of the "Pauline privilege" in terms basically synonymous with the Catholic notion of annulment - viz., that in such cases the marriage never existed]

As the Church established its position in the Empire, and eventually became the sole authority, it set to work to correct laxity of observance by the exercise of canon law through its matrimonial courts. In the Byzantine East, however, imperial control remained much more firmly entrenched and civil legislation had a stronger hold than in the West. Thus, between the time of Constantine (314) and that of Justinian (527) facilities began to be given not only for the putting away of a wife or husband for adultery (porneia) which was a generally accepted practice in the pre-Constantine period, but for remarriage after divorce, at any rate in the case of the innocent party . . .






. . . the Latin Church on the whole has maintained the most consistent and uncompromising attitude in Christendom to the indissolubilty of marriage . . . How deeply laid in Western Christendom was this conception of indissolubility is shown by the refusal of theologians to grant even to the Pope the right to dissolve a validly contracted and duly consummated marriage between two baptized persons . . .






In the Byzantine Empire . . . the Church made no attempt to determine the legal aspects of the constitution of marriage. It accepted the existing civil regulations including, as we have seen, the dissolution of the union a vinculo [dissolution of the marriage bond] under certain conditions . . . no conflict has arisen between the canonical legislation of the Orthodox Church and the secular authority since the civil order was reformed by the Byzantine emperors. Even when the decisions of the ecumenical synods, including those of Trullo, have been modified by later secular legislation no opposition has been encountered from the ecclesiastical authorities, so completely has marriage become regarded as subject to State regulation.






In the Latin West, on the other hand, the traditions of the indissolubility of Christian marriage were steadfastly maintained even before matrimonial causes were brought exclusively under spiritual jurisdiction. Papal decisions like those of Gregory II (726) communicated to St. Boniface, or of Alexander III to the bishop of Amiens, could be interpreted as declarations of nullity rather than permissions granted by the popes to the Frankish kings to dissolve a valid marriage.





 





--- For more related material, see:





Divorce: Early Church Teaching


Biblical Evidence for the Prohibition of Divorce (+ Discussion)


Dialogue: Annulment vs. Divorce

Last edited on Thu Mar 27th, 2008 05:39 pm by Dave Armstrong