Special Political Discourses on Domestic Society and the Rights of Citizens

On the Types of Societies. Discourse I.

B 3

Theodosius original: "Theodosius correxit." Referring to the Roman Emperor Theodosius I, who revised laws regarding social and moral conduct. corrected this. Tripartite History, book 9, chapter 24. It may also be asked here: can the death penalty for adultery—prescribed for this crime by both Mosaic Law The biblical laws of Moses and the Common Civil Law of the Emperors—be rightly remitted by statute? See Arnisaeus, On Marriage, chapter 5, section 8. I have already said something regarding the filthiness of adultery above in this chapter. But certainly in France, adultery is so far from being considered a capital offense that some people there are said to detest the Huguenots French Protestants, often associated with strict moral codes and harsher punishments for vice for the very reason that they punish adulterers with death. See Lord Lansius, Against the French, folio 303. Regarding Adultery, see also Tuschus, letter A, conclusion 221.

This also comes into controversy: does a married man deserve to be called an adulterer if he has relations with an unmarried woman? original: "solutâ," meaning a woman not bound by marriage. The argument for the negative is that a wife who breaks her marital faith inflicts a greater injury upon nature and her husband, because of the "mixing of seeds" and the introduction of a false offspring original: "alieni fœtus suppositionem." A major legal concern where a wife's infidelity could result in an illegitimate child inheriting the husband's estate.. See Rittershusius, On the Differences between Civil and Canon Law, book 2, chapter 10. But the argument for the affirmative is usually supported by the "inseparable partnership" original: "individuâ societate" which is understood to be contracted between the married couple. Lactantius (book 6, chapter 23) convincingly argues that a husband also commits adultery if he is with an unmarried woman; add to this the last canon, chapter 32, question 6. The "weakness of the female sex" original: "imbecillitas fœminei sexus." A common legal trope used to argue for different standards of accountability for women. also suggests that a wife might not be seen as having sinned more gravely than a husband. This also moved the Emperor Justinian to judge that adulterous women should be punished more mildly. See what I said in the Treatise on Punishments, where I discuss the punishment for theft, etc. Nevertheless, in ancient times, a wife did not issue letters of divorce. original: "divortii literas," a formal legal notice of separation. See Josephus, book 15, chapter 11, middle of folio 433, verso.

X. Furthermore, since marriage ought to be so firm a bond, it must be contracted with premeditation. See Johannes Drusius, Annotations on the New Testament, folio 2. Specifically, it should be preceded by betrothals, which are called "promises of the future." original: "sponsalia... de futuro". See Speckan, century 2, class 2, questions 2, 3, and 6. Nor should it be done without a public and solemn blessing; for without it, marriage is cheapened, and an occasion is given for many kinds of sin. See Drusius at the cited location; Nicolaus Bethius, Treatise on Family Pacts, folio 137; Arnisaeus, On Marriage, chapter 3, last section; Zepper, On Mosaic Laws, book 4, chapter 21, folio 551; Louis Servin, volume 1, plea 7, folio 323, etc.; add Rittershusius, On the New Constitutions, part 4, chapter 1, number 16, etc.; Joachim Stephan, On the New Constitutions 2, number 8, etc. See also the tenth collection of legal counsels, Counsel 7, which was written by my brother, Johann Georg Besold. And also, that he who has relations or "handles" his fiancée etc.? before the public blessing ought to be punished.