THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ LXXIV ~ |
NO
NUPTIAL BENEDICTION SHALL BE CONFERRED UPON PERSONS WHO ARE BETROTHED
BEFORE THE TIME WHEN THEY CAN BE MARRIED. |
|
( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
The
provisions having reference to marriage, included in the ninety-eighth
canon of the Sixth Council, appear to conflict with certain rules of
the Civil Law; for the Council declares in a general way that a woman
shall not marry a second time during the lifetime of her husband; and
if she does so, she shall be considered as having committed adultery.
On the other hand, the Civil Law does not state that she commits a serious
offence by such a separation, but if she receives the nuptial benediction
before the time when she has a right to marry it condemns her to the
loss of the betrothal gift, as well as to the payment of the penalty
stipulated in the marriage contract; and as a strict construction reveals
an apparent inconsistency in this connection (that is to say, that the
marriage may be dissolved after the nuptial benediction, for it is only
then that a dissolution can take place), We hereby decree that the nuptial
benediction cannot be bestowed before the marriageable age, namely,
before the age of fifteen in the case of boys and twelve in the case
of girls. Under these circumstances this benediction will not be granted
too soon, and if the parties should dissolve the marriage, as this will
then be done legally, the rule established by the Civil Law will not
conflict with the canons of the Church. |
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