THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ XXXI ~ |
A
WOMAN WHO THROUGH HATRED TO HER HUSBAND PRODUCES AN ABORTION UPON HERSELF
MAY BE REPUDIATED BY HIM. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
God,
who created man from clay, and formed woman from one of his ribs, joined
her to him as one of his members, that she, being aware of her origin,
might learn from this to preserve her kindness and affection uncontaminated
for her husband. Therefore she who is animated by such feelings, and
who reserves all her love for her husband, is, indeed, a support for
him, and does not violate the intention of her Creator. One, however,
who entertains contrary sentiments, not only seems to be ignorant of
the end of her existence, but cannot be considered as joined to her
husband, although by marriage she is deemed only to form a single being
with him. Hence two laws have been enacted, one against a woman who,
through dislike to her husband, takes pains to produce an abortion upon
herself, and accomplishes the death of her unborn child, and another
enacted against the husband requiring him to repudiate a woman who has
been guilty of such
an outrage; but We think it advisable to adopt that which authorizes
divorce, as being much more advantageous. It is unreasonable and absolutely
wicked for a woman who displays such decided hatred towards a husband
as to destroy in her womb the germ of his posterity (without taking
into consideration the violation of Nature's law), to still have the
right to cohabit with him; for if We avoid as a malefactor a person
who injures the work of another, how can a husband retain near him as
a member of his family, instead of repulsing her as a dangerous enemy,
a woman who has attempted to destroy a work of such excellent character,
and one so necessary as procreation, when he experiences the greatest
injury from her act? What more conclusive evidence of the hatred she
entertains for him could she disclose? Is it not clear that it is his
part to establish the fact that she has prevented the child begotten
by him from coming alive in the world? Thus, as We have previously stated,
the law which decrees their separation under such circumstances shall
be the only one observed, and a husband can leave his wife if he learns
that she has been guilty of a crime of this description. For if the
law permits a marriage to be dissolved because the wife has passed a
night away from home, or is proved to have attended a banquet in the
company of men with whom it is not proper to associate, which circumstances
do not show the same aversion for her husband, and do not always even
establish her disgrace, why should he not be separated from her when
she has committed a crime which is an outrage both against Nature and
himself, but be obliged to live with a woman who may plot against his
life? |
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