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.