NOVELLA 77 OF JUSTINIAN 
ON HOMOSEXUALITY.
( AD 538 ? )



 
D. S. Bailey, Homosexuality and the Western Christian Tradition, London, 1955, pp. 73-74 ).
 

 
Preamble
      . . . since certain men, seized by diabolical incitement practice among themselves the most disgraceful lusts, and act contrary to nature : we enjoin them to take to heart the fear of God and the judgment to come, and to abstain from suchlike diabolical and unlawful lusts, so that they may not be visited by the just wrath of God on account of these impious acts, with the result that cities perish with all their inhabitants. For we are taught by the Holy Scriptures that because of like impious conduct cities have indeed perish, together with all the men in them.
Ch. I
      1. [there follows a section condemning various blasphemies swearing by God's Hairs', or “ by God's head ”] . . . For because of such crimes [not clear if this means just blasphemies or homosexual practices as well] there are famines, earthquakes, and pestilences ; wherefore we admonish men to abstain from the aforesaid unlawful acts, that they may not loose their souls. But if, after this our admonition any are found persisting in such offenses, first they render themselves unworthy of the mercy of God, and then they are subjugated to the punishment enjoined by law.
      2. For we order that most illustrious prefect of the Capital to arrest those who persist in the aforesaid lawless and impious acts [this must refer to homosexual and blasphemous acts] after they have been warned by us, and to inflict on them the extreme punishments, so that the city and the state may not come to harm by reason of such wicked deed. And if, after this our warning, and be found who have concealed their crime, they likewise shall be condemned by the Lord God. And if the most illustrious prefect find any who have committed any such offense. And shall omit to punish them according to out laws, first he will be liable to the judgment of God, and he will also incur our indignation.