THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ XXX ~ |
CONCERNING
A WOMAN WHO CONTRACTS ANOTHER MARRIAGE DURING THE LIFETIME OF HER HUSBAND. |
|
( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
If
a desire for the public welfare has induced Us to substitute good laws
for those which are worthless, it must also impel Us to enact such as
may contribute to the happiness of Our subjects, instead of others that
are bad and injurious, and especially where two of them are conflicting
with reference to the same subject. Would it then be in accordance with
reason that, when, from the generals and magistrates who are most eminent
and best qualified, those who are the most competent and considered
to be best adapted to govern Our subjects are selected; on the other
hand, one should choose among the laws, whose authority is not temporary
like that of the officials who administer them,
not the best but the worst, and even those whose very existence was
not known, should be accepted as rules of conduct? But for what purpose
have these things been mentioned by Us? The Emperor Justinian, who adorned
his reign as much by his piety as by his solicitude for the public welfare,
while considering the dissolution of marriage, after having decided
that if a wife, during the lifetime of her husband, should marry another
man, her union with the latter will be regarded as void, and she shall
be separated from him on the ground of having been guilty of perfidy;
then decreed by a subsequent law that under such circumstances the first
marriage did not bring about the annulment of the second. We, however,
believing that it is more conducive to general prosperity to ratify
his first provisions, since they have a tendency to strengthen the ties
of marriage, do hereby direct that the former law shall be observed,
and the latter repealed. Therefore, when it is ascertained that a woman,
during the lifetime of her husband, has formed the intention of marrying
another man, and has accomplished her infamous design, she shall be
taken from him with whom her marriage must be dissolved, and rigidly
condemned to the pecuniary penalties to which those who abandon their
husbands in any other way are liable. For it is proper that she who
formed one flesh with her husband, and instead of lavishing her affection
upon him, not only showed that she was his enemy, but also insulted
her Creator who joined her to him by uniting herself with another man,
shall be compelled to renounce her second marriage, if she has violated
her former vows; for what greater indication and evidence of hostility
can she show to her husband than to desert him and bestow her affection
upon another? |
|