| 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.  | 
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            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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