=II. Concerning Incestuous and Adulterous Marriages and Debauchery,
either with Holy Virgins, or with Widows and other Women while doing
Penance.=
It is our royal duty to promulgate laws to be enforced throughout all
the provinces of our kingdom, to the end that crime may be prevented
in the future, and that justice may put an end to the deeds of the
wicked. Many persons, in defiance of the admonitions of the Divine Law,
and in opposition to the honorable duties of life, are accustomed,
either by violence, or with consent, to contract marriage with virgins
who have been devoted in the service of God, and have taken the vow
of chastity with the benediction of the priest, and according to the
canons of the Church; or with other women nearly related to themselves;
and, in this way, have polluted with vice that chastity which was
dedicated to God, or which should have been respected on account of
the ties of consanguinity. Such conduct, whether it relates to men or
women, is both abhorrent to good morals, and a reproach to the True
Faith. Therefore, in the name of God and the Holy Catholic Church,
we decree that, hereafter, as is also provided by the ecclesiastical
canons, no one, either by force or consent, shall take as a wife, any
virgin devoted to God, or any widow who has assumed the habit of any
order; or any one who is performing penance; or any near relative of
their own; or any one with whom his connection might be branded with
infamy; because that cannot be a true marriage, which from good becomes
evil, and which, under a false name, is nothing more than incest and
fornication. And if any other persons in our kingdom should attempt to
commit a crime of this kind, they shall be separated, and condemned to
perpetual exile, at the instance of the judge or priest, even if no
one should accuse them; nor shall any time which may have elapsed, be
pleaded in their defence.
The property of such persons which has been seized for the crime, shall
belong to the children of a former marriage; and if there should be no
such children, to those born of this marriage; and the latter shall
not be liable to reproach on this account, for those who are born out
of wedlock are purified by the ceremony of baptism. But if there should
be no children whatever, the inheritance shall descend to those to whom
the provisions of former laws have given legitimate succession. The
same regulation shall apply to persons in orders, whom the Canon Law
forbids to marry.
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