THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ XVII ~ |
WOMEN
IN CHILDBED CANNOT TAKE PART IN THE CELEBRATION OF DIVINE MYSTERIES,
AND THEIR INFANTS CANNOT BE BAPTIZED UNTIL AFTER FORTY DAYS, UNLESS
SOME URGENT NECESSITY REQUIRES THIS TO BE DONE. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
To
the Same. |
Your
Holiness is better qualified to decide the question which you have proposed
than We are, for it is your province to render decisions relating to
sacred things. But as you state that it will be inconvenient to consult
the Council with reference to a special case, as its attention is only
directed to general matters; and, besides, as We can, without applying
to the Council determine the point which you have submitted to Us, after
having duly considered it, We promulgate the following constitution
with reference to the same. As
Our Lord and Saviour Jesus Christ, by whose glory those who walk in
darkness are illuminated, designed to clothe himself in our flesh and
blood, it is, in my opinion, contrary to His Divine Providence to hold
that a woman who has recently brought forth, and is in danger of dying
before the expiration of the time established for her to receive the
sacraments (namely, the fortieth day after the birth of her child),
and that in spite of this, she should be considered unworthy of being
enlightened on religious subjects; and that, on account of her physical
impurity, she should be permitted to die impure, that is to say without
having been baptized, or allowed to participate in the regeneration
effected by the sacred rites of the Church. Those who hold this opinion
do not take into consideration the extent of the danger, and the evil
to which their inconsiderate and fatal belief exposes her, for it is
absurd to maintain that she does not need the aid of prayer. It would
not be permitted, or, in other words, it is horrible in the eyes of
God who grants salvation to all those who believe in Him, and are regenerated
by the spirit and by baptism, to abandon such a woman to perish in her
unbelief and her original corruption, and in this way to be responsible
for her eternal loss when her salvation could have been secured. Is
not this a serious and bitter course to pursue? Therefore, abolishing
this unwise conclusion, We hereby decree that where a woman has recently
been brought to bed, and afterwards has a natural delivery, and is not,
in other respects, dangerously ill, she shall not, before the expiration
of forty days, either be baptized (if she has not yet received this
rite), or have the other sacraments of the Church administered to her,
if she has already received baptism; but that, where any dangerous disease
attacks her and threatens her life, she shall, by all means, be permitted
to participate in the sacred mysteries. For if persons, on account of
the enormity of their crimes, are deprived of communion for many years,
why should the natural corruption of her flesh be a reason for withholding
these rites from her, when the criminals above mentioned, if they fall
dangerously ill, are permitted to partake of the sacrament before the
time of their excommunication has expired? If the ancient law prescribed
a time during which a woman should, under such circumstances, be excluded
from communion, it is not, as I believe, because of her present condition
of impurity, but for other reasons concealed by the policy of the law,
and I think that the principal one was to restrain the concupiscence
of those who devote themselves to sensual pleasures without moderation,
just as many other regulations have been established for the purpose
of blunting the indomitable desires of women. I also think that another
reason was to prevent her health from being affected by her confinement;
for as everything which is superfluous in nature is useless and conducive
to decay, women, being subject to loss of blood in confinement, are
forbidden to place any obstruction to this flow during the time prescribed
by law; and, in order that they might not be tempted to arrest it, were
compelled to remain, during that period, temperate and free from concupiscence.
So far as children newly born are concerned, We hold that they also
should not be baptized before the said term of forty days has elapsed,
unless circumstances arise which are liable to result in death. For
as a foetus, while in the womb of its mother, does not assume its form,
and is not endowed with life until the term of forty days from its conception
has expired, so also, the spirit of life conferred by baptism should
not be imparted before the expiration of forty days. Still, there is
nothing absurd in baptizing a child at the end of eight days, if one
does not desire to wait longer, for Our Lord was circumcised eight days
after his birth, and baptism has been established to take the place
of circumcision. This rule is applicable where no necessity which threatens
death exists, for where there is any danger of loss of life, every effort
should be made to perform the rite of baptism within eight days, in
order that the child may not be deprived of such a great advantage by
death. |
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