THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ LXIV ~ |
CONCERNING
THE PENALTY TO BE IMPOSED UPON THOSE WHO SUPPRESS INFORMATION OF A SHIPWRECK. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
I
do not understand why persons who conceal property which has been thrown
upon the shore by the wreck of a ship should seem to have committed
a crime deserving the penalty of death. Anyone who cheats people out
of their property, and thereby deprives those who are deserving of the
pity of others of the means of subsistence, and the only consolation
which they have, when, on the other hand, he should endeavor to aid
them in the unfortunate condition to which they are reduced by the loss
of their possessions, is guilty of an offence of no little atrocity,
and this, indeed, is clearer than light. But I am unwilling for those
whose foolish cupidity has impelled to commit this crime to be put to
death, as how can what they have taken be compared in importance with
the life which they are condemned to lose? He who attempts to profit
by an act of this kind must certainly be an extremely wicked and sacrilegious
person, like one who despoils the dead, which is sometimes done. Still,
his crime does not deserve such severe punishment, for it is not just
to deprive him of his immortal soul, by way of retribution for the removal
of something that is material and easily destroyed. For if, even with
reference to material things, the penalty should not be greater in value
than the injury, why should he who conceals property belonging to persons
who are shipwrecked be subjected to punishment so out of proportion
to his crime that words are lacking to express it? Therefore, We order
that, for the future, this penalty shall not be imposed, but that he
who conceals property under such circumstances shall be condemned to
pay fourfold the value of what he appropriated. |
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