THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ CXLII ~ |
CONCERNING
THOSE WHO MAKE EUNUCHS. |
|
( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Emperor Justinian to Marthana. |
PREFACE. |
The
punishment prescribed by Our predecessors against those who dare to
make eunuchs are sufficiently clear to everyone. Nevertheless, certain
persons, not having their own salvation in view, have recently ventured
to commit this infamous offence, on account of which certain of them
have undergone the penalties which they deserve, and others, after having
been punished, have been sent into exile. Still, however, because these
impious acts have not ceased, but, on the other hand, have multiplied,
and out of the great number of those upon whom this operation is performed
only a very few survive, so that certain of them have stated in Our
presence that of ninety who have been castrated, hardly three have escaped
with their lives; what person in authority could have so little regard
for his salvation as to treat a
matter of this kind with contempt and permit it to go unpunished? For
if Our laws punish those who strike others with a sword, how can We
close Our eyes, and let murders of this kind, which are both offences
against God and the law, be committed with impunity ? Hence We have
considered it very necessary, by means of this law, to relentlessly
prosecute persons who are guilty of such a crime. |
CHAPTER I. |
Therefore
We decree that any persons who, in any part of Our Empire whatsoever,
have presumed, or may hereafter presume to castrate anyone, or themselves
submit to the operation which they have performed upon others, and they
survive, shall have their property confiscated to the Treasury on the
responsibility of him who, at the time, discharges the duties of the
magistracy of Your Glory, and that they themselves shall be banished
to the Island of Gypsum, there to pass the remainder of their lives.
Where, however, women are
guilty of this offence, We order that they shall be punished, and their
property be confiscated to the Treasury, on the responsibility of the
magistrate whom We have just mentioned, and be sent into exile, and
those who expected or do now expect to profit by the commission of such
an atrocious act shall both be subjected to punishment, and lose their
property. We decree that persons of either sex who confine themselves
to giving orders to make eunuchs, or who furnish individuals to be operated
upon in this way, or who even provide houses, or any other place whatsoever
for this purpose shall, as participants in the same crime, suffer the
same punishment. |
CHAPTER II. |
As
persons became free in ancient times when they were castrated, We order
that those who have undergone such an operation (no matter by whom it
may have been performed) in Our Empire, from the date of the tenth indiction
of the present month, shall be free, and cannot be reduced to slavery
under any circumstances, nor by virtue of any agreement; and any public
or private instrument which already has been, or may hereafter be executed
with reference to a matter of this kind, whether it was fraudulent or
not, shall be void. No investigation shall be made of the status of
castrated persons, and We order that all those who hereafter take any
part in the execution of contracts relating to castration shall undergo
the penalty which We have mentioned. If a slave should happen to be
castrated on account of some illness, We order that he shall obtain
his freedom, for the law presumes that those are free in the beginning,
when attacked by the disease for which this remedy is employed. Therefore
We direct that castrated persons who have been made such in Our Empire
(no matter in whose house this may have been done) shall be considered
as emancipated from the date We have just fixed, shall become free,
and shall never again be reduced to servitude. If, after the publication
of the present law, anyone should dare to retain castrated persons in
his house, We permit the latter who, under this Constitution, are already
entitled to their liberty, if they are in this city, to apply to the
Emperor, to the Most Holy Archbishop, and to the other high officials
of Our Most Glorious Empire; and if they are in the provinces, to the
most glorious bishops of their dioceses, and to the Governor; and they
will, through the efforts of all Our magistrates, and at the risk of
the officers subject to their authority be entitled to retain their
freedom (both at Constantinople and in any other portion of Our dominions)
for We do not intend to allow so many murders to be perpetrated under
Our Government by means of castration. And if the barbarians have heard
and obeyed Our orders on this subject, how, after so many enactments
by Our predecessors, can We allow the crime which We prohibit again
to be committed and go unpunished in Our Empire? |
EPILOGUE. |
Therefore
Your Glory will cause the matters which it has pleased Us to incorporate
in this general Imperial Law to be published and observed, not only
here but also in the provinces. |
Given
on the twenty-fifth of the Kalends of December, during the
reign of Our Lord Justinian, ever Augustus, and the Consulate of Basil. |
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