THE NEW CONSTITUTIONS OF THE EMPEROR LEO.
~  XCIII  ~
WHERE A WOMAN IS FOUND TO BE PREGNANT BY SOMEONE ELSE THAN HER HUSBAND, THE MARRIAGE CAN BE ANNULLED.



 
S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ).
 

 
The Same Emperor to the Same Stylianus.

  As the ancients who treated of marriage did not enact any very definite laws on this subject, why, I do not know (whether because they did not desire to include in the number of causes for which it can be dissolved the one which We are now about to formulate, or whether the reason which renders this decision necessary did not at this time exist), We are going to add to their legislation what is lacking in this respect. An old constitution authorizes a dissolution of marriage for several causes, for example, a difference of religious opinion, where one of the parties becomes insane, and in many other instances; and it is sufficient for one of these causes to exist to enable the marriage to be dissolved. What We are now about to consider is not enumerated among them, either for the reason that it did not then, or it was not supposed that it could exist; or there may have been other motives for passing it by in silence. We now come to this cause. Sometimes, during marriage, a woman having had a secret intrigue with some other man than her husband, is discovered to be pregnant. This is not mentioned in any of the ancient laws, but We, supplying the deficiency, do hereby decree that marriage shall be dissolved not only on account of a difference of religious opinion, and because of insanity, or for other reasons, but also for the one which We have just stated, because nothing is more adverse to marriage than this; since, under these circumstances, husband and wife are only united nominally and not in fact. For how can true matrimony exist in an union where there is nothing genuine or natural, where licentiousness, which is a source of discord and hate, and an alienation of minds prevail (a condition which has great influence in inducing women to seek intercourse with strangers) ? How can matrimonial concord and pure conjugal love be maintained under such circumstances? Moreover, reason does not permit anyone to have a child belonging to another under his control. Nor is it just that he who has taken a wife into his house, in the expectation of the enjoyment of a chaste and honorable marriage, should be obliged to recognize as such a woman who has deceived him; who insults the laws of marriage, and delivers herself without hesitation to the lascivious embraces of another?