THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ XXXIV ~ |
CONCERNING
A GUARDIAN WHO CORRUPTS HIS FEMALE WARD. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
It
is a most abominable thing for those who are considered reliable on
account of their position, and who have already shown themselves
to be worthy of trust in
the eyes of persons who have formed this good opinion of them, to manifest
hatred and perfidiousness instead of virtue and fidelity. Therefore,
when guardians, instead of considering the welfare of female wards placed
in their care, prove to be their destroyers, their offence is much more
serious because of the confidence which has been reposed in them. This
occurs where a father is convinced that the guardian to whom he entrusts
his children, including his daughter, will treat them with paternal
solicitude. Legislators have very properly decided that when a guardian
corrupts a female ward under such circumstances, when he should have
acted as her father and protector, he must be punished; for they subjected
him to deportation and the loss of his property. But their regulations
are not, strictly speaking, applicable to all cases, for they do not
seem to have taken into consideration the outrage undergone by the ward,
as they ordered that all the guardian's property should be confiscated
to the Treasury, without noticing that they did not avenge the injury
as they intended to do. For how can it be said that it was avenged,
when the wrong which the girl was said to have suffered was not atoned
for, and the law did not afford her any means of avoiding the evils
resulting from the injury? For what refuge is there for the girl when
she not only obtains no compensation for her wrongs, but sees that calculation
has been made for the profit that may be obtained from her dishonor
and infamy as she grows older? Therefore, in order that by means of
this law We can, as it were, remove all cause for censure from this
law, We abolish the provision that the I property of the seducer shall
be confiscated to the Treasury; and We decree that it shall be given
to her for whose injury and misfortune He was responsible. |
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