THE ENACTMENTS OF JUSTINIAN.
  
THE NOVELS.
~  CLIII  ~
CONCERNING CHILDREN WHO ARE EXPOSED.



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

 
The Emperor Justinian to Menna, Most Glorious Praetorian Prefect of Illyria.
PREFACE.
  A crime so revolting to human nature as to be incredible, and which is not even committed by barbarians, has been brought to Our attention by Andrew, Apocrisiarius of the Church of Thessalonica. Certain persons throw away their children the instant they issue from their mothers' wombs, and leave them in the holy churches, and after the said children have been brought up by persons who perform works of benevolence, those who exposed them claim them under the pretext that they are their slaves, and, not being content with having, in the first place exposed them to death, they deprive them of their freedom after they are grown up. Therefore, as a crime of this kind itself includes many offences, including murder, calumny, and others easy to enumerate, it is only just that those who perpetrate it should not only be unable to avoid the punishments which Our laws provide, but that they should also undergo the penalty of death, in order that guilty parties may hereafter be made accountable.
CHAPTER I.
  Hence, We direct that children who are proved to have been exposed in the public streets, or anywhere else, shall, by all means, be free, even though the persons who have exposed them may be able to show clearly that they constitute part of their property. For if it is set forth in Our laws that slaves who are ill, and have been abandoned by their masters, who have refused to take care of them because their diseases are supposed to be incurable, how much more reason is there that We should not permit those who, at the very beginning of their lives have been abandoned to the commiseration of others and supported by their charity, should be delivered up to unjust servitude? The Most Reverend Bishop of Thessalonica, as well as the Holy Church of God, and Your Glory, must afford relief to exposed children, and see that the persons who are responsible do not escape the penalties prescribed by Our laws, especially those who, with every indication of cruelty and inhumanity, pollute themselves with homicide, which is all the more horrible because it is committed against unfortunate and helpless victims.
EPILOGUE.
  Therefore, Your Glory, and all those subject to your authority, including the members of Your Court, will take measures to observe and execute the provisions which We have been pleased to enact by the present Imperial Law. Those who violate them, as well as the magistrates who permit this to be done, shall be liable to a fine of five pounds of gold.