THE NEW CONSTITUTIONS OF THE EMPEROR LEO.
~  XXXII  ~
CONCERNING PERSONS TAKEN IN ADULTERY.



 
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.