Letters — Letter 159

St. Leo the Great

Source: NPNF Series 2, Volume XII (Schaff, 1895) — public domain via CCEL.

1. Chapter 1

To Nicætas, Bishop of Aquileia.

(Leo, the bishop, to Nicætas, bishop of Aquileia, greeting.)

I. Prefatory.

My son Adeodatus, deacon of our See, on returning to us has delivered your request, beloved, to receive from us the authority of the Apostolic See upon matters which seem indeed to be hard to decide, but which we must make provision for with a view to the necessities of the times that the wounds which have been inflicted by the attacks of the enemy may be healed chiefly by the agency of religion.

II. About the women who married again when their husbands were taken prisoners.

As then you say that through the disasters of war and through the grievous inroads of the enemy families have in certain cases been so broken up that the husbands have been carried off into captivity and their wives remain forsaken, and these latter thinking their own husbands either dead or never likely to be freed from their masters, have contracted another marriage under stress of loneliness, and as, now that the state of things has im proved through the Lord's help, some of those who were thought to have perished have returned, you seem, dear brother, naturally to be in doubt what ought to be settled by us about women thus joined to other husbands. But because we know it is written that "a woman is joined to a man by God," and again, we are aware of the precept that "what God hath joined, man may not put asunder," we are bound to hold that the compact of the lawful marriage must be renewed, and after the removal of the evils inflicted by the enemy, what each lawfully had must be restored to him; and we must take every pains that each should recover what is his own.

III. Whether he is blameable who has taken the prisoner's wife?

But notwithstanding let him not be held blameable and treated as the invader of another's right, who took the place of the husband, who was thought no longer alive. For thus many things which belonged to those led into captivity happened to pass into the possession of others, and yet it is altogether fair that on their return their property should be restored. And if this is duly observed in the case of slaves or of lands, or even of houses and personal goods, how much more ought it to be done in the restoration of wives, that what has been disturbed by the necessities of war may be restored by the remedy of peace?

IV. The wife must be restored to her first husband.

And, therefore, if husbands who have returned after a long captivity still feel such affection for their wives as to desire them to return to partnership, that, which necessity brought about, must be passed over and judged blameless and the demands of fidelity satisfied.

V. Women must be excommunicated who refuse to return.

And if any women are so possessed by love of their later husbands as to prefer to remain with them than to return to their lawful partners, they are deservedly to be branded: so that they be even deprived of the Church's communion; for in a pardonable