THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ XXXII ~ |
CONCERNING
PERSONS TAKEN IN ADULTERY. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
The
crime of adultery I think to be one of those for which a most severe
and horrible penalty should be exacted, and, indeed, one not less appalling
than that for homicide. For a murderer frequently only takes life with
his bloody hands, but the execrable adulterer attacks the life of many
persons, as by breaking the bonds of marriage, he destroys at once the
husband, his children, their relatives, and others. This offence was,
in former times, punished with death, Ibut subsequently it was deemed
advisable to substitute for this penalty one which is less harsh, and,
giving preference to the latter, We, along with those who established
it, decree that both the guilty parties shall have their noses amputated
as a punishment for the crime; and as the husband must be indemnified
for the injury which he has suffered We hereby order that he shall be
entitled to the dowry of his wife. Moreover, We forbid the latter to
marry again, and that the punishment inflicted upon her may not be,
to a certain extent, a reward, she shall, by no means, be permitted
to associate hereafter with persons of licentious manners. We
also direct that she shall be confined in a convent, where, by repentance,
she can lessen the severity of the penalty, just as if she had been
sent into exile. And if she, desiring to embrace a monastic life, should
do so, all her property, with the exception of her dowry, shall be divided
among her children and the convent; and if she has no children, her
ascendants shall take their place, and when there are none of these,
her other cognates shall share in the distribution. But if she should
die without having embraced a monastic life, as she will have testamentary
capacity, her property, with the exception of the dowry, shall be disposed
of in accordance with her wishes. |
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