THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
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BETROTHAL CANNOT TAKE PLACE BEFORE THE PARTIES HAVE REACHED THEIR SEVENTH
YEAR, NOR CAN A MARRIAGE BE CELEBRATED BEFORE MALES HAVE ATTAINED THEIR
FIFTEENTH YEAR AND FEMALES THEIR THIRTEENTH. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
A wise man has said that there is a time for everything, which maxim is acknowledged and approved by persons who are of sane mind, and is of general application. Therefore, in all Our actions, it is most desirable to observe the proper time, and while there are matters with reference to which this is not indispensable, marriage certainly is not one of them; for, as it is essential for the preservation of the life of all persons, it should take place with due prudence and caution. Hence, in accordance with what the ancients who have enacted a very wise law on this subject have provided, We decree that, under no circumstances, can a betrothal take place before the age of seven years, or a marriage be consummated by females before attaining the age of twelve years, or by males before they reach the age of fourteen. So far as the public welfare is concerned, this shall be the law. But as it frequently happens that the Emperor, by means of a decree when forming a new family, permits persons to be betrothed and married before the prescribed age, it shall not be considered a violation of the law by those to whom the government of the world (which resembles a great family) has been entrusted, to allow marriages to be celebrated without reference to the rules which govern their subjects in this respect. |
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