THE ENACTMENTS OF JUSTINIAN.
  
THE NOVELS.
~  XIV  ~
CONCERNING PANDERS.



 
S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ).
 

 
The Emperor Justinian to the People of Constantinople.
PREFACE.
  The name and calling of procurer was so odious both to the ancient laws and to those of the Empire that many legal enactments have been published against persons committing offences of this description. We, Ourselves, have already promulgated a constitution increasing the penalties against those who are guilty of such wicked deeds, and We have, in addition, supplied by other laws what Our predecessors omitted, and have by no means lost sight of this matter, for We have very recently been informed of the evil consequences which such traffic has caused in this great city. We are also aware that certain persons are accustomed to employ cruel and odious means for the purpose of obtaining wealth; making a practice of travelling through the provinces and other places, in order to deceive young girls by promising them clothes, and, after having obtained possession of them, they bring them to this Most Fortunate City, place them in their houses, provide them with wretched food and clothing, and deliver them up to others for the purpose of debauchery, they themselves taking the entire profit of this wretched trade obtained from the bodies of their victims; and that they also draw up contracts by means of which the girls aforesaid are compelled to continue their wicked criminal life as long as those who have possession of them may desire. Some of them, indeed, require sureties to be furnished, and to such an extent are their illegal acts carried, that they are perpetrated in almost all this Imperial City, as well as in the countries beyond seas; and (what is worse) houses of this kind exist in close proximity to holy places and religious establishments; and at the present time this wickedness is so prevalent that any persons who wish to withdraw these unhappy girls from the life that they are leading, and legally marry them, are not permitted to do so. Some of these wretches are so unprincipled as to deliver over to corruption girls who have not yet reached their tenth year, and in order to ransom these unhappy beings for the purpose of contracting lawful marriage, great sums of money are exacted. Ten thousand means of effecting their ruin exist which are not susceptible of being described in words; and the resulting evil is so great, and the cruelty so widespread that, while it was first confined to the most remote parts of the Capital, it now not only extends over the city itself but also over all its suburbs. Persons informed Us of this condition of affairs some time ago, and recently the Praetors have been directed by Us to make inquiry concerning it, which they have done, and made their reports to Us, and We immediately afterwards deemed it necessary to implore the assistance of God, and purge the city quickly of this iniquity.
  (1) Therefore We direct all persons to live as chastely as possible, which, with confidence in God, can alone profit the souls of men. As there are many weak women, We absolutely forbid that any attempt should be made by fraud, artifice or compulsion to lead them astray, keep them in a house to be prostituted, or buy them for any other purpose. We also forbid all persons from drawing up contracts with these objects in view, of requiring sureties to be given, or of adopting any means by which they may force these wretched beings to lose their chastity against their will. Nor shall it hereafter be lawful to deceive young girls, and induce them to prostitute themselves by promising them clothing, food, and ornaments. We strictly prohibit all these things; and, after having considered the subject carefully, We direct that any bonds which may have been executed to secure the performance of such contracts shall be of no effect; and that those who are guilty cannot recover any gifts which they may have made to the girls with whom the said contracts were made; and that they themselves shall be expelled from this Most Fortunate City as pestiferous persons, and destroyers of public morals, because of having reduced free women to slavery by requiring them to lead a licentious life, deceiving them, and bringing them up for promiscuous debauchery. Hence We decree that if anyone should hereafter remove a girl against her will, and compel her to remain with him, and, without providing her with sufficient food, appropriate for himself the wages of her prostitution; he shall be arrested by the respectable Praetors of the People of this Most Fortunate City, and condemned to death. We have already entrusted the Praators of the People with the prosecution of persons guilty of pecuniary theft and robbery; and is there not much more reason for Us to do so where crimes against chastity are concerned? If any owner of a house should rent it to a procurer for this purpose, and, knowing who he is, should not eject him; he shall be sentenced to pay a fine of a hundred pounds of gold, and his house shall be confiscated. If anyone hereafter should draw up an agreement in writing as evidence of a contract of this kind, and receive a surety with reference to the same, he is hereby notified that he will not be benefited in any way either by the obligation of the girl, or by that of her surety; for as her agreement is void in every respect, her surety will, under no circumstances, incur any liability. The guilty person shall, as We have already stated, undergo corporeal punishment, and shall be expelled far from this great city. We exort the women of Our Empire to remain chaste, and not allow themselves to be persuaded or compelled to embrace a life of debauchery; We absolutely prohibit panderism, and when it is committed, We shall punish it. These provisions apply to this Most Fortunate City and its environs, as well as to the adjoining provinces, which, from the beginning, have been subject to Our government, and especially those which have been donated to Us by God, for the reason that We desire to retain pure and without blemish the gift which He has seen fit to confer upon Our Empire, for We believe that the present law, enacted in the interest of chastity, will be acceptable to God, and be of great benefit to Our government, and that as a reward for it God will bestow all manner of blessings upon Us.
EPILOGUE.
  We communicate this law to You, Our citizens, who will be the first to experience its beneficial effects, in order that you may be aware of Our zeal for your welfare, Our desire for the preservation of good morals, and the extent of the labors by means of which We hope that Our Empire will be preserved in the enjoyment of every advantage.
   
  A copy of this law, with a, slight change of phraseology, is also addressed to the Most Glorious Master
.
   
  As soon as Your Highness has received a copy of this law, you will publish it by a special proclamation, and communicate it to all the subjects of Our Empire, including not only the citizens of Constantinople, but also those of the provinces, who shall implicitly obey it; and all to whom it is directed shall receive it as being authorized by God, to whom it is dedicated.
Given at Constantinople, on the Kalends of December, during the Consulate of Belisarius, 535.