THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ XXIII ~ |
GOVERNORS
SHALL NOT CONTRACT MARRIAGES WITH FEMALE MEMBERS OF THEIR HOUSEHOLDS
WHILE IN THEIR PROVINCES. |
|
( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
By
Hercules, it would be more worthy of the human mind and the virtue of
magistrates, because they enjoy more glory and honor than many others,
if, when they assume the duties of office, they would exert themselves
to observe and keep the precepts of God religiously and carefully, and
provide for the welfare of Our subjects instead of grievously oppressing
them. But for the reason that there are many of these officials who
have a cruel and unjust disposition which leads them astray from the
straight path of their duty, and, inducing them to practice tyranny
and indulge their avarice, instead of devoting themselves to the cares
of government, causes them to display a savage temper, the ancient law,
with a view to restraining them, provided that Governors should not
have the power to enter into marriage contracts or betrothals while
in their provinces, though when establishing this rule with reference
to their sons, grandsons, and other male descendants, it did not forbid
the marriage of their daughters. Therefore We, with the intention of
supplying what is deficient in an excellent law, have decreed that those
who obtain the governorship of provinces shall be forbidden to give
their daughters, or any other persons of the female sex, in marriage,
in their own provinces, just as they are not allowed to permit the marriages
of their sons, or any other male relatives, including the servants of
their households. Why should this prohibition apply to their sons and
other relatives of the male sex, and their daughters remain free from
its observance, especially when the males can be useful in many ways,
not only to themselves but also to their wives, and to others who are
related to them ? For they can obtain offices, engage in trade, or undertake
other things with a view to earning their livelihood, while women are
not fitted for anything of this kind. |
|