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.



 
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.