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I. About Spiritual and Legal Kinship
5. I reply:
Spiritual kinship is a certain bond contracted, or a certain close kinship contracted, from dispensing or conferring of the sacraments, and especially of baptism and confirmation because, as is contained in Boniface VIII Decretals Book Six IV tit.3 ch.3, ‘Of spiritual kinship’, the last chapter, “From the giving of the other sacraments (supply: other than baptism and confirmation) a spiritual kinship in no way arises that may impede or dissolve matrimony.” And about this and its degrees diffuse treatment is found in Boniface VIII Decretals Book Six IV tit.3 ch.3.
6. As to the question asked, I say that if the kinship precede the matrimony, it simply impedes it, as is plain in the chapter alleged for the opposite [n.4, Gregory IX, Decretals IV tit.11 ch.2]. But if it follow the matrimony, it does not destroy it, as is plain in the alleged chapter [ibid. ch.1]. And the reason for the first is only the statute of the Church delegitimizing the persons in that case.
7. Connected thereto is also this to be noted, that legal kinship impedes matrimony, discussion of which is contained in Gregory IX, Decretals IV tit.12 ch.1, ‘On legal kinship’, “If in any way she has by adoption begun to be my sister, as long as the adoption between me and her remains, nuptials cannot stand.” And the gloss on that chapter [of the Decretals] says what is true, whether legal kinship be contracted through arrogation100 or through adoption: “We are said to arrogate him who is possessed of his own right and who passes through arrogation into our power. And arrogation happens by authority of the prince, but adoption through any magistrate, nor does the one adopted pass into the power of the one adopting, but remains in the power of his father. And both the adopted and the arrogated are called adoptive sons; and between adoptive and natural or legitimate brothers [siblings] matrimony is impeded as long as the adoption lasts, as is here said [in the Decretals].”
8. The authorities pro and con [nn.3-4, 6] are solved, because the one is speaking of kinship that precedes matrimony, the other of kinship that follows it.