470、⑺找情妇或纳妾的正当理由和分床的正当理由是一样的。分离的理由或因素有合法与正当之分。合法的理由或因素由法官宣告做出,正当的理由或因素则唯独由这个男人或丈夫判断做出。前文(252,253节)简要列举了从床榻和家里分离的合法和正当理由或因素。这些理由或因素包括:
①身体缺陷,也就是感染全身,以至于严重到致命的疾病,这从传染病可推知。这类疾病有:恶性和鼠疫型发烧,麻风病、性病、坏疽、癌症。还有一些疾病致使身体糟糕到无法与人来往,它们或从体表,或从体内,尤其从胃和肺排放出有害物质和气体。体表的疾病是:恶性痘、疣、脓疱、坏血病引起的消耗性疾病、急性疥疮,尤其造成毁容的疾病。从胃里排放的是嗳气、恶臭、口臭、由于消化不良导致的令人恶心的呕吐物;从肺里呼出的是由脓液,溃疡,脓肿,变质的血液或其中败坏的淋巴引起的腐臭气。另外,还有各种其它疾病,如晕厥,它会使身体彻底虚弱、失去力量;瘫痪,也就是控制运动的膜和韧带松驰并松懈;癫痫;中风引起的永久残疾;某些慢性病;腹绞痛;疝气;此外还有其它病理学已知的疾病。
②智力缺陷,也就是从床榻和家里分离的正当理由或因素。如,躁狂症,脑炎,精神失常,实实在在的蠢笨和白痴,失忆,以及其它类似缺陷。无需判断,凭理性就能看出,这些是找情妇或纳妾的正当理由,因为它们是分离的正当理由或因素。
470、(7)有合法的和公正的分居的原因。合法的原因是由法官来判断的,而公正的原因是由丈夫自己来判断的。它们在252、253节中都有例举。
470. (vii) The just reasons for having a concubine of this kind are those which are just grounds for not sleeping together.
There are both lawful reasons and just reasons for separation. Lawful reasons are those arising from judicial edicts, just ones those so judged by the husband alone. The lawful and just reasons for separation from bed and from home have been briefly listed above (252-253). Among these physical defects are diseases which infect the whole body so severely that fatal results may follow from the contagion. Of this sort are malignant and plague-type fevers, leprosy, venereal infection, cancer. Then there are diseases which make the body so repulsive that it is impossible for others to live with them, ones which emit harmful discharges and noxious gases, either from the surface of the body or from inside it, especially from the stomach and lungs. Diseases of the surface are malignant pox, warts, pustules, consumption due to scurvy, acute scabies, especially if the face is disfigured by them. Among emissions from the stomach are constantly foul, evil-smelling and rank belches; from the lungs foul and rotten breath due to pockets of pus, ulcers, abscesses or corruption of the blood or lymph. In addition there are other diseases of various types, such as fits of unconsciousness, causing total feebleness of the body and loss of strength; paralysis, a slackening and relaxation of the membranes and ligaments which control movement; epilepsy; permanent disability due to strokes; certain chronic diseases; colic, hernia and other diseases known to pathology.
Mental defects which are just grounds for separation from bed and home are, for instance, madness, inflammation of the brain, unsoundness of mind, real idiocy and silliness, loss of memory and such like. Reason does not require a judge to pronounce these just grounds for taking a concubine, since they are just grounds for a separation.
470. 7. Just reasons for taking a mistress in such a circumstance are the same as those for separation from the bed. There are legitimate reasons for separation, and there are just reasons. Legitimate reasons are determined by the verdicts of judges, and just ones by the verdicts of a husband acting on his own judgment. Both legitimate and just reasons for separation from the bed (and also from the house) were listed in summary form above in nos. 252, 253. These include:
Impairments of the body, which are diseases by which the whole body is so thoroughly infected as to raise the possibility of death by contagion. Conditions of this sort include: Malignant and pestilential fevers. Leprosies. Venereal diseases. Cancerous sores.
Other afflictions are conditions by which the whole body becomes so thoroughly burdened as to make close companionship impossible, or which are accompanied by unhealthy exhalations and noxious vapors, either from the body's surface or from its inner parts, particularly from the stomach and lungs.
Conditions involving the surface of the body include: Malignant lesions. Warts. Pustules. Scurvy-like discoloration and swelling of the skin. Virulent scabies. (Especially if the face is disfigured by these afflictions.)
Exhalations emanating from the stomach: Constantly offensive, foul-smelling, and rank eructations.
Emanating from the lungs: Foul and rancid expirations, issuing from tubercles, ulcerations or abscesses, or from the presence of corrupted blood or serum.
In addition to these are also other conditions having various names. For example: Chronic faintness, marked by complete physical languor and loss of strength. Paralysis, which involves a loosening or slackening of the membranes and ligaments required for movement. Epilepsy. Permanent disability due to strokes or apoplexies. Certain other chronic disorders. Intestinal obstruction and suffering (ileus). Hernial protrusion. Besides other diseases, which we learn from pathology.
Impairments of the mind which are just reasons for separation from the bed or from the home include: Psychosis. Organic psychosis. Insanity. Actual idiocy or imbecility. Amnesia. And other like things.
Reason sees without need of a judge that these instances are just grounds for taking a mistress, because they are just grounds for separation.
470. 7. The justified reasons for separation from bed are the justified reasons for this type of concubinage. There are legitimate reasons for separation, and there are just reasons. Legitimate reasons are decided by judges, and just ones are decided by the man alone. Both the legitimate and the just reasons for separation from bed and from home were summed up earlier (nos. 252-253). Some of them are bodily defects - sicknesses that infect the body so much that contagion could be fatal. In this category are malignant and infectious fevers, leprosy, venereal diseases, and cancers. Then there are ailments that depress the whole body so much that there is no associating together, and they give off very harmful fumes and dangerous vapors, either from the body's surface or from inside it, particularly from the stomach and lungs. On the body's surface are malignant pocks, warts, pimples, wasting scurvy, poison scabs - especially if they make the face ugly. From the stomach is constant foul, rank, and smelly belching. From the lungs is foul and putrid breath given off by tumors, ulcers, or abscesses, or by corrupt blood or serum.
Besides these there are also other diseases of various names, like lipothymy, which is total weakening of the body and lack of energy; paralysis, which is a loosening and relaxing of the membranes and ligaments needed for motion; epilepsy; permanent feebleness from a stroke; certain chronic ills; the iliac passion; hernia; as well as other ills that pathology teaches.
There are mental defects that are justifiable reason for separation from bed and home, like mania, frenzy, insanity, simpleness and foolishness in actions, loss of memory, and other defects like that.
Reason does not need a judge to see that these reasons are justified reasons for having a concubine, because they are justified reasons for separation.
470. VII. THAT THE JUST CAUSES OF THIS CONCUBINAGE ARE JUST CAUSES OF SEPARATION FROM THE BED. There are legitimate causes of separation and there are just causes. The legitimate causes are made by the pronouncements of judges, and the just by pronouncements adjudged by the man alone. Both the legitimate and the just causes of separation from the bed and also from the house have been briefly recounted above (nos. 252, 253). Of these, BLEMISHES OF THE BODY are [1] Diseases by which the whole body is infected to a degree which may lead to fatal results by contagion. Such diseases are malignant and pestilential fevers, leprosy, venereal diseases, cancer. [2] Also diseases by which the whole body becomes so weighed down that no consociation is possible, and from which hurtful effluvia and noxious vapors are exhaled, either from the surface of the body or from its inner parts, especially the stomach and lungs. From the surface of the body: malignant pox, warts, pustules, consuming scurvy, virulent itch, especially if by these diseases the face is made loathsome. From the stomach: eructations constantly foul, rank, and fetid. From the lungs: filthy and putrid exhalations exhaling from tumors, ulcers or abscesses, or from vitiated blood or serum. [3] In addition to these, there are also other diseases of various names, such as lipothymy, which is a total languidness of the body and a lack of vital forces; paralysis, Which is a loosening and relaxation of the membranes and ligaments that serve for motion; epilepsy; permanent infirmity from apoplexy; certain chronic diseases; the iliac passion; 1hernia; besides other diseases of which pathology teaches. BLEMISHES OF THE MIND are also just causes of separation from bed and house, such as mania, frenzy, insanity, actual foolishness and idiocy, loss of memory, and other like blemishes. That these, being just causes of separation, are just causes of concubinage, is seen by reason without a judge.
Footnotes:
1. Iliac Passion. A dangerous disease characterized by deep-seated pain in the abdomen, stercoraceous vomiting and obstinate constipation. It is often caused by hernia or obstructing the passage of the faeces (Dunglison, Medical Dict.).
470. (vii) Just causes of separation from the bed constitute the just causes of this concubinage. There are legitimate causes of separation, and there are just causes; legitimate causes are determined by the edicts of judges, and just causes by decisions arrived at by the man alone. Causes of separation from the bed and also from the house, both legitimate and just, were briefly enumerated above (n. 252-253). Of these the vitiated bodily conditions are diseases by which the whole body is infected to such a degree that fatal results may come by contagion. Such are malignant and pestilential fevers, leprosy, venereal diseases, cancers; and diseases by which the entire body is so burdened that there is no associating with the person and from which hurtful effluvia and noxious vapors are exhaled, either from the surface of the body or from its interiors, especially from stomach and lungs. On the surface of the body there are malignant pocks, warty growths, pustules, scurvy, virulent itch, in especial such as defile the face; from the stomach constant foul, rank and fetid eructations, from the lungs, filthy and putrid breath, exhaled from tubercles, ulcers or abscesses, or from vitiated blood or serum. Besides these are also other diseases variously named, like lipothymy, which is a total languor of the body and failure of strength; paralysis, which is a loosening and relaxation of the membranes and ligaments which serve for motion; epilepsy; permanent debility from apoplexy; certain chronic diseases; the iliac passion; hernia; besides other diseases which pathology teaches. Vitiated conditions of the mind which are just causes of separation from bed and house are such as mania, frenzy, insanity, foolishness and idiocy of action, loss of memory and other like conditions. Reason sees without a judge that these, being just causes of separation, are just causes of concubinage.
470. (7) That the just causes of this concubinage are just causes of separation from the bed. There are legitimate causes of separation, and there are just causes. The legitimate causes are determined by decisions of the judges; and the just by decisions adjudged by the man alone. Both the legitimate and the just causes of separation from the bed, and also from the house, are briefly recounted above, n. 252, 253, of which vitiated conditions of the body are diseases by which the whole body is infected to such a degree as may by contagion induce fatal results. Such are malignant and pestilential fevers, leprosy, venereal diseases, cancers; and diseases by which the entire body becomes so weighed down that there is no consociability and from which hurtful effluvia and noxious vapors are exhaled, either from the surface of the body or from its interiors, especially from the stomach and the lungs. On the surface of the body are malignant pocks, warts, pustules, scorbutic phthisis, virulent scab, especially if the face is defiled with them; from the stomach, constantly rising foul, rank, and fetid eructations; from the lungs, foul and putrid breath, exhaled from imposthumes, ulcers, or abscesses, or from vitiated blood or serum. Besides these are also other maladies of various names, as lipothymy, which is a total languidness of the body and failure of strength; paralysis, which is a loosening and laxation of the membranes and ligaments that serve for motion; epilepsy; permanent debility from apoplexy; certain chronic diseases; the iliac passion; hernia; and other diseases which pathology teaches. Vitiated conditions of the mind that are just causes of separation from bed and from the house, as mania, frenzy, insanity, actual foolishness and idiocy, loss of memory, and other like conditions. That, because these are just causes of separation, they are just causes of concubinage reason sees without a judge.
470. VII. Quod causae justae hujus concubinatus sint causae justae separationis a toro. Sunt causae legitimae separationis, et sunt causae justae; causae legitimae fiunt per edictiones a judicibus, et justae per edictiones a solo viro judicatas: causae tam legitimae quam justae separationis a toro, et quoque a domo, in compendio recensitae sunt supra 252-253; 1ex quibus Vitia corporis, sunt morbi, per quos totum corpus inficitur in tantum, ut lethale ex contagio inducatur; tales sunt Febrae malignae et pestilentiales, Leprae, Lues venereae, Cancri: tum Morbi, ex quibus totum corpus ingravatum fit in tantum, ut nulla consociabilitas sit, et ex quibus exhalantur effluvia detrimentosa et vapores noxii, sive e superficie corporis, sive ex interioribus ejus, in specie ex Ventriculo et Pulmone: ex superficie corporis, sunt malignae Variolae, Verrucae, Pustulae, Phtisis scorbutica, Scabies virulenta, imprimis si ab his facies defoedata est: ex Ventriculo, Ructus constanter tetri, graveolenti et olidi: ex Pulmone, Halitus foedi et putres subhalati ex apostematibus, ulceribus aut abscessibus, aut ex vitiato sanguine vel sero. Praeter hos etiam sunt alii Morbi varii nominis, ut Lipothymia, quae est totalis languiditas corporis, et defectus virium; Paralysis, quae est resolutio et relaxatio membranarum et ligamentorum motui inservientium: Epilepsia; permanens infirmitas ex apoplexia; quidam Morbi chronici; Passio iliaca, Hernia, praeter alios morbos, quos Pathologia docet. Vitia mentis, quae sunt causae justae separationis a toro et a domo, ut Mania, Phrenitis, Vesania, actualis Stultitia et Fatuitas, Jactura memoriae, ac similia alia. Quod hae causae sint causae justae Concubinatus, quia sunt causae justae separationis, ratio absque judice videt.
Footnotes:
1. Prima editio: 352. 252; (numeris ordine reversis)