THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ LXI ~ |
WHAT
PENALTY SHALL BE INFLICTED UPON THE COLLECTORS OF TAXES WHERE THEY DEMAND
MORE THAN IS DUE. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
If
men were always willing to tread the path of equity, there would be
much greater happiness and prosperity everywhere, as there would be
no need for legislators to manifest such severity, and the avenging
laws would not expose anyone to difficulty and danger. For although
the path of equity is convenient and salutary, most persons are not
willing to follow it, but avoid it as being laborious and rough, and
offering great hardships to travellers. For there are those, who, I
say, delight in everything that is most wicked, who avoid the way of
justice, and with alacrity and eagerness betake themselves to that of
iniquity, although it is covered with thorns, and by it travellers are
conducted to perdition. The
ancient legislators, also, thinking that it was necessary for the rashness
of such persons to be restrained, attempted to prohibit it by law, as
by the use of a bridle. But what means did they employ to repress iniquity,
and, on the other hand, inculcate the practice of justice; and who,
I ask, will not approve what We have undertaken? We, however, refuse
to confirm a decree by which punishment is inflicted upon delinquents,
without taking into consideration the seriousness of the offence. For
a law is just when the penalty which it imposes is in proportion to
the crime which it is intended to chastise; but when too much severity
is used it is much more unjust than equitable. Wherefore, We refuse
to sanction the law which the ancients promulgated, and by which they
impose an excessive penalty, that is death, upon those who are appointed
to collect the public taxes (who were ordinarily designated "managers"),
when they attempted to collect more than they had a right to do; for
We think that, by all means, they should not be subjected to such severe
punishment; hence We decree that anyone who is convicted of this crime,
provided he has only perpetrated it once, shall pay double the amount
of the surplus which he exacted; and if he does this again, he shall
reimburse fourfold the person who suffered the injury, and be ignominiously
deprived of his office. This penalty shall hereafter be inflicted for
this offence, and a fraudulent act of this kind shall never subject
the person who commits it to the risk of losing his life. |
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