THE NEW CONSTITUTIONS OF THE EMPEROR LEO.
~  CXI  ~
IF A WIFE SHOULD LOSE HER MIND AND THIS IS DUE TO THE MALICE OF HER HUSBAND, OR WITHOUT ANYONE ELSE HAVING CAUSED IT BY WITCHCRAFT WITH HER HUSBAND'S KNOWLEDGE, AND HER AFFLICTION SHOULD LAST MORE THAN THREE YEARS, THE MARRIAGE MAY BE DISSOLVED, AND THE HUSBAND SHALL BE AT LIBERTY TO MARRY AGAIN.



 
S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ).
 

 
The Same Emperor to the Same Stylianus.

  There is nothing so necessary for the preservation of the human race as marriage, for it is the support of a chaste man, as the Creator who founded it teaches and as Nature itself proves in the Holy Scriptures. And since this is the case, it was but just and proper to enact a law concerning matrimony which would insure the happiness of husband and wife for their entire lives, would accomplish the end of marriage, and not cause the conjugal relation to be a source of affliction, perpetual misery, and grief. Therefore, if the marital union should be of this character (as, indeed, it certainly should be), the law which imposes upon the husband the obligation of always retaining his wife when she becomes demented, and of tolerating her acts of insanity, does not seem to me to be worthy of acceptance. For how can it be approved, or be considered consonant with reason, and worthy of the object of marriage, for a husband to be always bound to a crazy woman, and be subjected to her irresponsible vagaries? For if there is no man so cruel as to shut up another, even for a moment, with wild beasts, how can the law, which should manifest benevolence, direct a husband to pass his life with a wife suffering from insanity? Some persons hold that husband and wife, through their marriage, constitute but one body, and that each of its members should be affected with the diseases experienced by the other; and the Divine law says: "what God has joined together let no one put asunder." The word of God is undoubtedly of great authority, but in this instance what He asserts has not received the proper construction, nor one in accordance with the Divine intention. For if marriage always preserved its original state, and anyone should separate the parties to it, he would certainly be considered wicked, and could not escape condemnation. But when a woman has become insane, and no longer possesses any human attributes, not even that of speech, and does not permit her husband to enjoy any of the pleasures or joys of marriage, why should not this frightful and horrible union be dissolved? Therefore, We decree that if a woman should become insane during marriage, her husband must tolerate this misfortune for three years; and if she is not free from it, and does not recover her senses within that time, then the marriage shall be dissolved, and the husband released from the endurance of this intolerable calamity. We add to this regulation that the cause of her insanity shall be investigated, and it be ascertained whether the husband, either in person, or through the agency of his relatives, has not made use of witchcraft and fraud to induce this condition; and if this should be found to be the case, and the husband himself is accused of witchcraft, We decree that he shall be transformed into a monk and confined in a monastery, whether he consents or not, in order to pay the penalty for his wickedness, and have the remedies prescribed by the Divine canons applied for the purpose of healing his soul. Where, however, the misfortune was caused by his relatives or other persons, with his knowledge ...