THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ LIII ~ |
ANYONE
SHALL BE PERMITTED TO BURY THE DEAD WITHIN CITIES AS WELL AS OUTSIDE
THE SAME. |
|
( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
It
is my opinion that civil laws which provide for matters relating to
the ordinary life of Our subjects are not sufficient, and that it is
proper that other suitable ones should be enacted with reference to
persons who have ceased to exist. Such laws, however, should not include
provisions which may expose the bodies of the dead to insult, and by
means of which dishonor and baseness may attach to the common fate of
mankind. But does not the law which permits bodies to be buried only
outside of cities dishonor human nature? If, when making this provision,
it had solely included those whose wealth gave them the means of burial,
there would have been a reason for the rule; although, in this instance,
it was proper to concede something to the grief of their friends and
relatives, as it would be a great consolation to be able to embrace
their tombs and shed tears upon them, which duties are not easily performed
when interments take place beyond the city Walls. Still,
if this law had only been enacted for such persons, some reason would
exist for its severity, but as its provisions are general and extend
to all, its absurdity is clearly manifest; and it is clear that such
an enactment is a reproach to human nature, for how can those who, when
living, were poor and abandoned, be buried after they are dead ? And
why, if their burial cannot take place speedily on account of their
poverty, and they, being without interment for many days should remain
exposed, presenting a wretched and horrible sight, dishonoring humanity
by their wasting and decay? And, in addition to this, as deceased persons
are styled the servants of God, and honored on account of their celestial
glory, does it not leave their bodies unburied, and thereby even expose
them to expiation? Therefore, We order that this law shall, by no means,
be included among other civil enactments, and We abolish it by this
Our decree, just as it has previously been very properly disregarded
by custom; and hereafter, everyone shall have the right to bury deceased
persons either inside the city or without, as he may desire. |
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