THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ LX ~ |
IN
WHAT WAY PERSONS WHO CASTRATE OTHERS SHOULD BE PUNISHED. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
Man
is deprived of the faculty of procreation, which was conferred upon
him by God, with the same audacity as if the act was not subject to
divine retribution, when, indeed, it should be severely punished; and
although the ancient legislators were careful to suitably provide for
this offence by law, and desired that the State should be free from
its commission, I do not know why their statutes were not obeyed; and,
just as if some benefit could be obtained from this mutilation of nature,
men were constantly deprived of their generative organs, and transformed
into entirely different beings than when they came from the hands of
their Creator. Therefore,
We, not desiring to allow a crime of this kind to go unpunished, do
hereby prescribe a penalty by which We intend, if possible, to suppress
the boldness of those who deform their fellow-creatures, without even
alleging the excuse of religious custom. The laws of former legislators
prescribed the penalty of retaliation, and provided that persons who
mutilated others in this way should themselves be placed in the same
condition, a provision which seems to Me not to be inequitable, although
it is, indeed, far from decorous; and it does not seem proper for anyone
who ventures to attempt to change the work of God to be punished by
imitating what he has done, and mutilating him in the same way. Still,
as I have just stated, such a penalty is not inappropriate, so far as
the crime itself is concerned. A different punishment was established
for those who were audacious enough to commit this wicked act, for their
property was confiscated, they were banished for life, and when the
person who sustained the injury was a slave, he obtained his freedom.
These were the ancient laws on this subject. We, however, deciding with
reference to this same matter, do hereby forbid the Lex Talionis
to be enforced against such as are guilty of the crime of castration;
and We wish them to be liable to the other penalties prescribed for
this offence, although it is Our intention to be indulgent to them.
Hence We decree that if anyone summons a practitioner of this detestable
calling, he shall, in the first place, if he is in the Imperial service,
have his name stricken from the list of those employed therein, and
then, after having paid a fine of ten pounds of gold into the Treasury,
he shall be exiled for ten years. The one, however, who actually commits
the crime, shall be scourged with rods, stripped of all his property,
and banished for the same time. When the person upon whom the injury
was inflicted is of servile condition, he shall be free for the rest
of his life; but if he is a freeman, he shall be considered to have
voluntarily submitted to the operation, and shall be responsible for
what he has suffered. Moreover, if he who was castrated was compelled
to undergo the mutilation for the benefit of his health, as is often
the case, he shall not be held to have done anything reprehensible either
in Our eyes or in those of the law; for, under such circumstances, the
object is not to cause a deformity of nature, but is an attempt to correct
it. |
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