The Thomist 70 (2006): 481-536 A POSTSCRIPT TO THE "REMEDIUM CONCUPISCENTIAE" CORMAC BURKE Strathmore University Nairobi, Kenya T HE TERMremedium concupiscentiae, proposed up to 1983 as a "secondary" end of marriage, has been seriously misapplied over the centuries. In practice it was taken to imply that marriage gives a lawful outlet to sexual concupiscence (or lust), and hence married couples can legitimately yield to it. The consequences went further. If concupiscence is "remedied" by the fact of being married, then it is either automatically purified of whatever self-centered (and hence anti-love) elements it entails; or, if these elements remain, they pose no problem to the living and growth of married love. As regards the conjugal act itself, the only moral proviso was that its procreative orientation be respected; given this proviso, the suggestion was that spouses can give concupiscence free rein, without this posing any moral or ascetical difficulties for the development of a full Christian life in their marriage. While some traces of the term "remedium concupiscentiae" can be found in Augustine or Thomas Aquinas, those authors did not use it in the sense that it later acquired. Saint Thomas especially speaks of marriage as a "remedy against concupiscence" inasmuch as it offers graces to overcome the self-seeking concupiscence involves. The subsequent reduction of the term to "remedy of concupiscence" led to the loss of this understanding. My purpose in this article is to show that sexual desire and sexual love are, or should be, good things-not to be confused 481 482 CORMAC BURKE with sexual concupiscence or lust in which self-seeking operates to the detriment of love. If the acceptance in ecclesiastical thinking of marriage as a "remedy" or legitimation of concupiscence has for centuries impeded the development of a positive and dynamic notion of marital chastity, John Paul II's "Theology of the Body," if assimilated in depth, leads into a new way of thinking and presents this chastity as the safeguard to conjugal love and a means to its growth. Preliminary Note: Human Nature and Concupiscence Christianity is the religion of God's greatness and love, and of man's potential, as well as of his frailty, misery, redemption, and elevation. In the Christian view, man is a fallen masterpiece of creation, capable indeed of sinking lower but actually ransomed and strengthened to rise higher. As a result of original sin, says the Catechism of the Catholic Church, human nature has not been totally corrupted: it is wounded in the natural powers proper to it, subject to ignorance, suffering and the dominion of death, and inclined to sin-an inclination to evil that is called "concupiscence." Baptism, by imparting the life of Christ's grace, erases original sin and turns a man back towards God, but the consequences for nature, weakened and inclined to evil, persist in man and summon him to spiritual battle. (CCC 405) Called to surpass ourselves and to attain divine heights, we are still drawn down by that tendency to lower things which goes by the name of concupiscence. Concupiscence, in biblical and theological usage, covers the unregulated tendency to pursue or adhere to created goods. Etymologically, "concupiscence" can refer to any intense form of human desire. Christian theology has given it a particular meaning: the movement of the sensitive appetite contrary to the operation of the human reason. The apostle St. Paul identifies it with the rebellion of the "flesh" against the "spirit" (Gal 5:16ff.). (CCC 2515) A POSTSCRIPT TO THE "REMEDIUM CONCUPJSCENTIAE" 483 Drawing from the First Letter of St. John, Christian tradition has seen three forms of concupiscence arising from self-enclosing attachment to created things. Two of these come from the sensitive appetite, the third from the intellect "All that is in the world, the lust of the flesh and the lust of the eyes and the pride of life, is not of the Father but is of the world. And the world passes away, and the lust of it; but he who does the will of God abides for ever" (1 John 2:16-17). The pride of life consists in taking self-centered satisfaction in one's own talents and excellence, and springs from intellectual appetition. Thus the spirit too has its lusts, for not all its desires are upright, many being vain, mean, vengeful, egotistic: thereby tending to distort the truth. Hence man is threatened not only by the rebellion of the flesh, but also by that of the spirit. These brief introductory remarks lead us to the more limited scope of our present study: the theological and human evaluation of [carnal] concupiscence in marriage, and the history-and also the utility and indeed the validity-of the notion that marriage is, and is intended to be, a "remedy for concupiscence." I. CONCUPISCENCE AND MARRIAGE: THEOLOGICAL POSITIONS A) The "Remedium Concupiscentiae" as an End of Marriage Prior to Vatican II, the phrase remedium concupiscentiae"remedy for concupiscence" -was customarily used in ecclesial writing to describe one of the ends of matrimony. The Code of Canon Law of 1917, crystallizing this view, distinguished between a single primary end of marriage and a twofold secondary end: "The primary end of matrimony is the procreation and education of offspring; the secondary end is mutual help and the remedy of concupiscence." 1 It is worth bearing in mind that the 1917 Code was the first magisterial document to use the terms "primary" and 1 "l\/[atrirnonii finis prirnarius est procreatio atque educatio prolis; secundarius rnutuurn adiutoriurn et rernediurn concupiscentiae" (c. 1013). 484 CORMAC BURKE "secondary" in relation to the ends of marriage, so proposing a notion of these ends as hierarchically structured. 2 The fifty years following the promulgation of the PioBenedictine Code were to witness a growing debate regarding the ends of marriage. The debate concerned the relative importance to be attached to procreation on the one hand, and on the other to a rather (as yet) ill-defined "personalist" end seen as largely or wholly unconnected with procreation. Taking for granted the main lines of this debate, which have been considered elsewhere, 3 we pass on here to the presentation of the ends of marriage in the Second Vatican Council and the postconciliar magisterium. Gaudium et spes is the main document of the council that treats of marriage. The only specific end of matrimony mentioned in the constitution is the procreation-education of children. 4 It indeed says that marriage "has various ends" (GS 48), and adds that the natural ordering of marriage towards procreation should not be taken as "underestimating the other ends of marriage" 5 (GS 50). Surprisingly, however, these other ends are nowhere specified. It may be that the council fathers did not want_ to foreclose the ongoing debate about the ends of marriage, and they may have also prudently felt that further ecdesial reflection would be necessary before a general consensus might be reached on new ways of expressing the various ends of marriage and their mutual relationship. Peculiarly, it seems to have been as the result (initially at least) of canonical more than of theological reflection that a new and very precise expression of the ends of marriage finally emerged. This becomes less peculiar when one recalls that Pope John 2 "However surprising it may seem, the fact is that canon 1013, 1 [CIC 1917] is the first document of the Church to list the ends [of marriage] and to set them out in an hierarchical order. ... This canon is also the first document of the Church to use the terminology of 'primary' and 'secondary"' (U. Navarrete, S.J., Periodica 56 [1967]: 368). cf. A. Sarmiento, El matrimonio cristiano (Pamplona: EUNSA, 2001), 360. 3 See C. Burke, "Marriage: A Personalist or an Institutional Understanding?" Communio 19 (1992): 278-304. 4 "By their very nature, the institution of matrimony itself and conjugal love are ordered to the procreation and education of children" (GS 48, repeated in GS 50). s "non posthabitis ceteris matrimonii finibus." A POSTSCRIPTTO THE "REMEDWM CONCUPISCENTIAE" 485 XXIII's convocation of the council was accompanied by the decision to elaborate a new code of canon law. Revising the 1917 Code so that it would more faithfully reflect conciliar thinking about the life of the Church and of the faithful became a major postconciliar undertaking. This work of revision, done in depth and without haste, lasted more than fifteen years, and resulted in the 1983 Code of Canon Law-described by Pope John Paul II at its promulgation as "the last document of the Council. " 6 The revision carried out by the pontifical commission entrusted with the task was guided not merely by the terms of canon law, but also-and very deliberately-by theological considerations. This was in conformity with the directive of the council that canon law should be presented in the light of theology and of the mystery of the Church. 7 One of the novelties of the 1983 Code is in fact the inclusion of canons that are simply theological statements of doctrine. 8 Hence, whenever these canons use modified or new terms in presenting the Church's law, one can legitimately look to them for a possible development in theological and magisterial thinking. With this in mind, let us turn to the opening canon in the section of the Code that deals with marriage. 9 Canon 1055 says: The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life, is by its nature ordered toward the good of the spouses and the procreation and education of offspring; this covenant between baptized persons has been raised by Christ the Lord to the dignity of a sacrament. (§1; emphasis added). Our attention centers on the italicized words. We read, without surprise, that one end of matrimony is the procreation and upbringing of children. Surprise can arise, however, when we turn to the other end specified-the "bonum coniugum/' or the "good of the spouses"-and is justified by the Pope John Paul II, Address to the Roman Rota, 26 January 1984, AAS 76 (1984): 644. See Optatam totius 16. 8 See, e.g., cc. 747ff. in book 3; and cc. 849, 879, 897, 959, 998, 1008 in book 4. 9 Book 4, "The Sanctifying Office of the Church," part 1, title 7. 6 7 486 CORMAC BURKE fact that an altogether new term is being used in a magisterial document to describe an end of marriage. This novel way of expressing the ordering or purposes of marriage was accepted and given further authority eleven years later in what may be considered an even more important magisterial document, the 1994 Catechism of the Catholic Church. Paragraph 1601 of the Catechism repeats the above canon word for word. 10 Paragraph 2363 expresses this specifically in terms of ends: "the twofold end of marriage: the good of the spouses themselves and the transmission of life. " 11 Undoubtedly the most important issue brought up by this new formulation of the ends of marriage is the nature of the bonum coniugum or the "good of the spouses." This is not an easy question, especially when we bear in mind that the term bonum coniugum is of very recent coinage. It is scarcely ever to be found in ecclesial writing prior to the Second Vatican Council. Only in 1977 was it first used by the Pontifical Council for the Revision of the Code to describe an end of marriage. 12 Neither the 1983 Code nor the 1994 Catechism any longer expresses the ends of marriage in terms of a hierarchy but places them together as, so it seems, of equal standing. My impression is that we have moved into a new stage where the Church wishes to emphasize not any possible ranking ·of the ends, but the interconnection between them. 13 With regard to the mutuum adiutorium, a former secondary end, it is not my purpose to study its place in the present scheme of the ends of marriage. There seems to be little if any disagreement among authors that, even if not specifically mentioned See also CCC 2201 and 2249. "[D]uplex matrimonii finis." This point of the Catechism, we can note in passing, confirms that the expression "is ordered to" (in the Code or in CCC 1601) is simply equivalent to "has as an end." 12 I have written elsewhere at some length on this, and would refer the interested reader to these studies: "The "bonum coniugum" and the bonum pro/is: Ends or Properties of Marriage?" The Jurist 49 (1989): 704-13; "Progressive Jurisprudential Thinking," The Jurist 58 (1998): 437-78. 13 See C. Burke, "Personalism and the 'bona' of Marriage," Studia Canonica 27 (1993): 401-12; Burke, "Marriage: A Personalist or an Institutional Understanding?" 10 11 A POSTSCRIPT TO THE "REMEDIUM CONCUPISCENTIAE" 487 in these recent magisterial texts, "mutual assistance" is to be included within the proper meaning of the "good of the spouses. " 14 A particular point of interest for the present study is the absence, in the documents of the Second Vatican Council and in subsequent magisterial teaching, of any direct or indirect mention of the former remedium concupiscentiae or "remedy of concupiscence. " 15 That this omission was deliberate cannot be doubted. Moreover, though the other secondary end, the mutuum adiutorium, fits simply enough within the new concept of the bonum coniugum, 16 this is not so of the remedium concupiscentiae. Rather than suggest (as some have done) an implicit presence of the remedium concupiscentiae within the new scheme of the ends of marriage-and thus try to show a certain continuity of ecdesial thinking-I prefer to submit that, despite the long presence it has enjoyed in much of ecdesial writing and its acceptance over fifty years in the 1917 Code, the concept of the remedium concupiscentiae (a) lacks theological and anthropological substance (and, contrary to generalized opinion, has little if any backing in the thought of St. Augustine or St. Thomas) and (b) its currency, over centuries, has accompanied (and possibly explains in large part) the failure of moralists to develop a theological and ascetical consideration of marriage as a way of sanctification. As I seek to develop my argument, I would ask the reader to bear two things in mind. The first is that sexual concupiscence or lust, as I use the term, is not to be taken in the sense of simple sexual attraction or indeed the desire for marital intercourse and the pleasure that accompanies it. Lust or bodily concupiscence is the disordered element that in our present state tends to See Burke, "Progressive Jurisprudential Thinking," 459ff. As late as 1977 the Pontifical Commission for the Revision of the Code of Canon Law did consider a draft in which the remedium concupiscentiae appeared among the ends of marriage (Communicationes [1977]: 123). This passing nod to traditional terminology did not, however, prevent the consul tors from dropping the notion completely when it came to the final draft of the new code, approved and promulgated only six years later. 16 Cf. the biblical juxtaposition of bonum and adiutorium in the Jahwist account of the divine institution of marriage in Genesis 2:18. 14 15 488 CORMAC BURKE accompany marital intercourse, threatening the love it should express with self-centered possessiveness. On that supposition, my main point is that the use (however longstanding) of the term remedium concupiscentiae to signify an end of marriage has had a profoundly negative effect on married life, inasmuch as it suggests that lust or concupiscence is "remedied" or at least "legitimised" by marriage, in the sense either of automatically disappearing or else of being no longer a self-centered element to be constantly taken into account if married love is to grow. To my mind the faulty reasoning behind this has been a major block to understanding how love in marriage stands in need of constant purification if it is to achieve its human fullness and its supernatural goal of merging into love for God. I will endeavor to justify my position on both points. B) Concupiscence: An Evil Present in Marriage? It is impossible to study the development of Christian thought on marriage without reference to St. Augustine. The many-faceted and nuanced character of Augustinian thinking in this field is probably to be attributed not so much to Augustine's personal experience in sexual matters as to his having been involved over some forty years in very particular and very contrasting controversies concerning matrimony. The earlier part of his Catholic life saw him engaged in conflict with the pessimism of the Manicheans; in his later years he combated the naturalistic optimism of the Pelagians. The Manicheans saw marriage and procreation as major expressions of material and bodily creation and hence as evil; Augustine defended the goodness of both. The Pelagians, in their excessive optimism about man's present state, took little or no account of the disordered element now strongly present in sex, also in conjugal sexuality; and Augustine sought to alert people to this disorder. 17 17 See C. Burke: "St. Augustine and Conjugal Sexuality," Communio 17 (1990): 545-65. A POSTSCRIPT TO THE "REMEDIUM CONCUPTSCENI'IAE" 489 1. Saint Augustine and the bona of Marriage The greatest of Augustine's legacies in this field is his doctrine of the matrimonial bona. He sees marriage as essentially characterized by three principal elements or properties each of which shows the goodness and greatness of the marital relationship. 18 So convinced is he that each of these characteristics underpins the goodness of marriage that he refers to each not just as a "property" or "characteristic" but as a bonum, as something good, as a uniquely positive value: "Let these nuptial goods be the objects of our love: offspring, fidelity, the unbreakable bond ... . Let these nuptial goods be praised in marriage by him who wishes to extol the nuptial institution." 19 This doctrine of the bona is without a doubt Augustine's main contribution to the analysis of marriage in its divinely instituted beauty. And it has come down to us over 1500 years of unbroken tradition. 20 Another important legacy of Augustine has colored ecclesial reflection on sexuality and marriage: his teaching about the presence and effect of concupiscence in all sexual activity, including marital intercourse between spouses themselves. It is this aspect of his thought that interests us here. 2. Saint Augustine and "Putting Bad to Good Use" One of many seminal ideas in Augustine's thought is that "bad can be used to good purpose. " 21 God, he points out, makes positive use of those aspects of creation which seem to have gone 18 In Augustine's view offspring was certainly the purpose or end of marriage ("Cum sint ergo nuptiae causa generandi institutae" [De coniugiis adulterinis 12]). Nevertheless this was not his major point of focus and interest. He took the end of marriage for granted; his interest and arguments were directed to defending its goodness. 19 "In nuptiis tamen bona nuptialia diligantur, proles, £ides, sacramentum .... Haec bona nuptialia laudet in nuptiis, qui ]audare vult nuptias" (De nuptiis et concupiscentia 1.17.19; cf. 1.21.23). 20 See B. Alves Pereira, La doctrine du mariage selon saint Augustin (Paris, 1930); A. Reuter, Sancti Aurel ii Augustini doctrina de bonis matrimonii (Rome, 1942). 21 Of course, this is not the same as saying that one can do bad so as to achieve good. 490 CORMAC BURKE wrong; we have to learn to do likewise. The idea is repeatedly expressed: "God uses even bad things well"; "God knows how to put not only good things, but also bad things, to good use"; "Almighty God, the Lord of all creatures, who, as it is written, made everything very good, so ordered them that he could make good use both of good things and of bad"; "Just as it is bad to make bad use of what is good, so it is good to make good use of what is bad. When these therefore-good and bad; and good use and bad use-are put together, they make up four differences. Good is used well by whoever vows continence to God, while good is used badly by whoever vows continence to an idol; evil is used badly by whoever indulges concupiscence through adultery, while evil is used well by whoever restricts concupiscence to marriage. " 22 In his writings on marriage, Augustine refers this principle particularly to the presence of concupiscence in conjugal is good, but the carnal intercourse. Such intercourse concupiscence or lust that accompanies it is not. Nevertheless spouses in their intercourse use this evil well, 23 and he wants them to be aware of this. "So let good spouses use the evil of concupiscence well, just as a wise man uses an imprudent servant for good tasks"; "I hold that to use lust is not always a sin, because to use evil well is not a sin"; "as for the warfare experienced by chaste persons, whether celibate or married, we assert that there could have been no such thing in paradise before [man's] sin. Marriage is still the same, but in begetting children nothing evil would then have been used; now the evil of 22 "Deus utitur et malis bene" (De civitate dei 18.51); "non sol um bonis, verum etiam malis bene uti novit [Deus]" (ibid. 14.27); "Deus omnipotens, Dominus universae creaturae, qui fecit omnia, sicut scriptum est, bona valde, sic ea ordinavit, ut et de bonis et de malis bene faciat" (De agone christiano 7); "Sicut autem bono male uti malum est, sic malo bene uti bonum est. Duo igitur haec, bonum et malum, et alia duo, usus bonus et usus malus, sibimet adiuncta quattuor differentias faciunt. Bene utitur bono continentiam dedicans Deo, male utitur bono continentiam dedicans idolo; male utitur malo concupiscentiam relaxans adulterio, bene utitur malo concupiscentiam restringens connubio" (De peccatorum meritis 1.57). 23 De nupt. et cone. 1.9; 1.27; 2.34; 2.36; De continentia 27; Contrajulianum 3.53; 4.35; 4.65; 5.46, 66; Imperfectum opuscontraiulianum praefatio; 1.65; 2.31; 4.29; 4.107; 5.13; 5.20; 5.23; Contra duas epistolas Pelagianorum 1.33; De gratia Christi et de peccato originali 2.42; De Trinitate 13.23; etc. A POSTSCRIPT TO THE "REMEDIUM CONCUPISCENTIAE" 491 concupiscence is used well"; "this evil is used well by faithful spouses. " 24 So, for Augustine lust is an evil. Nevertheless, spouses can nevertheless use it well in their truly conjugal intercourse, whereas unmarried people who yield to lust sin by using this evil badly. 25 It follows, within this logic, that the married person who engages in illicit intercourse uses lust badly and therefore sins. Illicit intercourse obviously comprises adultery, and there is no doubt that in Augustine's thought, it also covers contraception. Augustine goes further still and proposes an opinion well set to clash directly with modern views on married sexuality. He holds that married intercourse is "excusable" (and wholly conjugal) only when it is carried out for the conscious purpose of having children. 26 If it is engaged in just for the satisfaction of concupiscence, it always carries with it some element of fault, at least of a venial type. In his view, the intention of spouses in intercourse should not be pleasure for its own sake but rather procreation, adding that if in their intercourse the spouses intend more than what is needed for procreation, this evil (malum), which he refuses to consider as proper to marriage itself, remains excusable (veniale) because of the goodness of marriage itself. 27 Elsewhere he puts his view even more clearly: if pleasure-seeking is the main purpose of spouses 24 "[S]ic utantur coniuges bani malo concupiscentiae, sicut sapiens ad opera utique bona ministro utitur imprudente" (Contra Iulianum 5 .60); "Ego enim dico, uti libidine non semper esse peccatum; quia malo bene uti non est peccatum" (ibid.); "bell um quad in se casti sentiunt, sive continentes, sive etiam coniugati, hoc dicimus in paradiso, ante peccatum nullo modo esse potuisse. Ipsae ergo etiam nunc sunt nuptiae, sed in generandis filiis tune nullo malo uterentur, nunc concupiscentiae malo bene utuntur" (ibid. 3.57); "hoc enim malo bene utuntur fideles coniugati" (ibid. 3.54) (cf. ibid. 4.1; 4.35; 5.63; etc.). 25 "[W]ith shameful lust to have licit intercourse, is to use an evil well; to have it illicitly, is to use an evil badly" ("pudenda libidine qui licite concumbit, malo bene utitur; qui autem illicite, malo male utitur" [De nupt. et cone. 2.36]). 26 "sexual intercourse necessary for begetting is free from blame, and it alone is [truly] nuptial" ("Concubitus enim necessarius causa generandi, inculpabilis et sol us ipse nuptialis est" [De bono coniugali 11]); cf. "Only for the cause of procreating is the union of the sexes free from blame" ("Sola enim generandi causa est inculpabilis sexus utriusque cornmixtio" [Senno 351]. 17 "non nuptiarum sit hoc malum, sed veniale sit propter nuptiarum bonum" (De bono viduitatis 4.5. 492 CORMAC BURKE in their intercourse, they sin-but only venially on account of their Christian marriage. 28 In support of this view Augustine time and again cites the passage in the seventh chapter of the First Letter to the Corinthians, where St. Paul "allows" Christian spouses to refrain from conjugal intercourse by mutual consent and for a time, but recommends that it not be for too long, "lest Satan tempt you through lack of self-control," adding that this advice of his is given not as a command, but secundum indulgentiam, or, as Augustine translates it, secundum veniam. 3. Saint Paul and 1 Corinthians 7:1-9 The first verses of this chapter have had extraordinary (and possibly disproportionate) importance in the development of Christian moral thought concerning conjugal relations. Bringing the full text before our mind can help us consider to what extent Augustine's and parallel subsequent interpretations are justified. Augustine of course wrote in Latin, so for key passages we reproduce parenthetically the Latin version which has been in common use over the ages-the Vulgate translation of his contemporary, St. Jerome. It is well for a man not to touch a woman. But because of the temptation to immorality, each man should have his own wife and each woman her own husband. The husband should give to his wife her conjugal rights, and likewise the wife to her husband. For the wife does not rule over her own body, but the husband does; likewise the husband does not rule over his own body, but the wife does. Do not refuse one another except perhaps by agreement for a season, that you.may devote yourselves to prayer; but then come together again, lest Satan tempt you through lack of self-control. I say this by way of concession, not of command [Hoc autem dico secundum indulgentiam,non secundum imperium]. I wish that all were as I myself am. But each has his own special gift from God, one of one kind and one of another. To the unmarried and the widows I say that it is well for them to remain single as I do. But if they cannot exercise self28 "illis excessibus concumbendi, qui non fiunt causa prolis voluntate dominante, sed causa voluptatis vincente libidine, quae sunt in coniugibus peccata venialia" (De nupt. et cone. 1.27); "veniale peccatum sit propter nuptias Christianas" (Contra Julianum 4.33; cf. 3.43; contra ep. Pel. 1.33; 3.30. A POSTSCRIPT TO THE "REMEDIUM CONCUPISCENTIAE" 493 control, they should marry. For it is better to marry than to be aflame with passion [Melius est enim nubere quam uri]. (1Cor7:1-9 [RSV]) Our attention for the moment centers on the words "Hoc autem dico secundum indulgentiam, non secundum imperium." Augustine translates as "secundum veniam" what Jerome renders as "secundum indulgentiam," and understands "venia" in the sense of pardon or forgiveness for what carries guilt. 29 Augustine's argument in fact rests wholly on this rendering, for he holds that if something requires a "venia'' it necessarily involves a fault that qualifies as a sin. 30 It is not dear, however, that Augustine is justified in his rendering; if he is not, his whole argument can of course be questioned. To suggest that in this passage St. Paul proposes to condone sin seems by all lights to force the original text. The Greek word used by St. Paul, suggnome, means "allowance" or "concession." 31 Saint Paul's mind is surely not that concession can be made to people so as to sin, but rather that allowance can be made to follow a less perfect way. This is precisely what he goes on to say in the following verse: "I wish that all were as I myself am. But each has his own special gift from God, one of one kind and one of another." It is clear that Paul regards the celibacy he has chosen as a more desirable way; at the same time, however, he presents marriage too as a "gift of God." The thrust of St. Paul's thought seems rather to pass from a simple ascetical counsel for married people (it could be good to abstain for a time from conjugal relations), to a clarification that he regards his own choice of celibacy for God as higher than the 29 Nowhere in the New Testament does the Vulgate employ "venia" in this sense; in the Old Testament four occurrences are to be found (Num 15:28; Wis 12:11; Sir 3:14-15; 25:34). "Indulgentia" appears three times in the Old Testament (Jdt 8 :14, Isa 61: 1; 63:7); and once, in the passage we are considering, in the New Testament. 3 ° Contra ep. Pel. 1.33; De nupt. et cone. 16; De gr. et pecc. or. 2.43; cf. Contra Julianum 2.20; 5 .63; Imperf. opus contra Julianum 1.68; etc. 31 The Revised Standard Version has "I say this by way of concession, not of command"; the New American Bible (198 6) also uses "concession"; the Jerusalem Bible renders the whole passage more loosely: "This is a suggestion, not a rule." 494 CORMAC BURKE married state, to the concession (with an "indulgent" outlook) that those who choose marriage also choose a gift of God. If we turn to Saint Thomas, we find that he reads 1 Corinthians 7:6 according to the Vulgate "secundum indulgentiam" and not "secundum veniam," but seems to interpret the passage in much the same way as Augustine. 32 Elsewhere, however, he modulates his position more. Quietly observing that the Apostle appears to be expressing himself "a bit carelessly" (inconvenienter), inasmuch as he seems to imply that marriage is sinful, 33 Thomas comes up with two possible readings. In one "secundum indulgentiam" would refer to a permission not for sin but for what is less good; that is, Paul says it is good to marry, but less good than to remain celibate. 34 This seems to me the better interpretation. However, Thomas does allow another reading according to which sin may be present in marital intercourse: namely, when it is engaged in out of lust, albeit lust restricted to one's spouse. In this case there is venial sin, which would become mortal if one were indifferent whether the object of one's lust were one's spouse or not. 35 C) Transition: From Marriage Affected by Concupiscence to Concupiscence "Remedied" by Marriage How and when did the notion of marriage being directed to the remedy of concupiscence emerge? While roots of the idea can be found in Augustine and Thomas, I do not consider that either 32 The spouse who seeks married intercourse simply because he or she will otherwise not be continent, sins venially (IV Sent., d. 31, q. 2, a. 2, ad 2). 33 "videtur apostolus inconvenienter loqui; indulgentia enim non est nisi de peccato. Per hoc ergo quad apostolus, secundum indulgentiam se