THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ LI ~ |
WHERE
PROSTITUTES FURNISH SURETIES, OR TAKE AN OATH TO CONTINUE TO PURSUE
THEIR EVIL LIFE, THEY CAN VIOLATE THEIR CONTRACTS WITHOUT ANY RISK TO
THEMSELVES. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The Emperor Justinian to John, Praetorian Prefect, Twice Consul and Patrician. |
PREFACE. |
We know that
We have already published a law prohibiting sureties from being required
of women kept in houses of prostitution to insure their remaining and
pursuing their infamous calling. This law does not afford any opportunity
for repentance to persons who exact such security, but it even threatens
them with severe punishment, and it also provides that the sureties
shall not be responsible, and that there is no necessity for them to
represent the women for whom they have become bound. But We have ascertained
that, at the present time, a cruel and intolerable fraud has been committed
against chastity, which is something greatly revered by Us; for, as
We have forbidden sureties to be taken, a much more abominable method
has been devised, and those who profit by the vile profession of prostitutes
compel them to swear that they will never abandon their base and wicked
life; and these wretched women, influenced in this way, think that they
are acting honorably if they remain, and they keep their oaths to the
destruction of their chastity, when they should be aware that such transgressions
are more agreeable to God than the observance of such oaths. For if
anyone has, at the instigation of another, sworn, for instance, to kill,
to commit adultery, or to commit any other unlawful act, this oath need
not be observed, as it is base and unlawful, and leads to perdition.
Therefore, even though a woman may have taken such an oath, she shall
be permitted to violate it, and to live chastely without danger of prosecution
for perjury (if, indeed, the penalty applies to a case of this kind),
for it is more acceptable to God that punishment should be inflicted
upon him who required the oath to be taken. |
CHAPTER I. |
Wherefore
We impose the penalty of ten pounds of gold upon anyone who presumes
to exact and receive an oath of this kind, as soon as it is tendered.
We order that this sum shall be collected by the Governor of the province,
and given to the unfortunate woman to assist
her in leading a virtuous life. Governors are hereby notified that if
they should be negligent in this respect, they themselves will be required
to pay it at the end of their administration; and that their heirs and
successors, as well as their estates, will be liable for it, because
they have neglected to perform a meritorious act. (1) If, however, the Governor of the province should himself exact such an oath, he shall be compelled to pay the said fine of ten pounds of gold; and if there is a military magistrate in the province it shall be his duty to collect it, and, as We have already stated, it shall be given to the woman. But where there is no military magistrate, the money shall be collected by the metropolitan bishop of the province, who shall refer the case to Us, if it becomes necessary; or the matter shall be attended to by the superior magistrate of the adjoining province. Anyone who commits an act of this kind in any place, whether he be a magistrate or a private individual, shall be punished as above stated, and shall pay the amount to the woman without which she cannot live in chastity, and she shall not be considered to have perjured herself. |
EPILOGUE. |
Your
Highness will, by suitable proclamations, communicate to all persons
what we have pleased to enact by the present law, in order that the
subjects of Our Empire may be aware of Our zeal for the preservation
of chastity. |
Given
on the Kalends of September, during the eleventh year of the
reign of the Emperor Justinian, and the second year after the Consulate
of Belisarius. |
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