THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ LXV ~ |
CONCERNING
THE PENALTY TO WHICH ENCHANTERS ARE LIABLE. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
Those
who assert that wine should be condemned on account of the evil disposition,
and the irrational behavior which it causes drunkards to exhibit, and
who think that its use as a beverage should be prevented for this reason,
attempt to render something wicked which, in itself, is not of that
character. But remembering that one of the laws promulgated by the ancient
legislators, which sometimes punishes enchantments because it regards
them as crimes, and again, on the contrary, authorizes and approves
them on the ground that they are not an evil, taking into account the
intentions of those who practice such arts, even though by their very
nature they are vicious, and, as it were, reeking with filth and stench,
I would not say that the said legislators are worthy of censure, but
in order that no one may have reason to criticize this law, I am of
the opinion that it ought to be repealed. For it provides that enchantments
shall be punished because they are instrumental in removing all innate
modesty, and are productive of an amorous fury which causes loss of
reason; and, on the other hand, it approves of them because they are
supposed to aid in the production of grains and fruits, and apparently
supply Us with other benefits. Thus this law honors as advantageous
something which it thinks should be punished as productive of injury.
We, however, are convinced
that enchantments of this kind are pernicious, and We cannot be induced
to believe that they are productive of any advantage whatever; and,
indeed, if they appear to be the source of any good (as seems to have
been the opinion of those who rendered them legal), We believe that
they are not an actual benefit, but merely an attractive and dangerous
snare set for those to fall into whom, with the prospect of the greatest
benefit, it entices to the greatest of evils. For We are aware that
those who devote themselves to these matters instead of to worship of
the Creator, Our Lord, invoke malevolent and cruel demons, and those
who have recourse to them by means of a certain pleasant exterior, receive
wounds in their souls; just as timid men who, in order to avoid a blow
which threatens their hands, allow it to be inflicted on their heads
or their bellies; therefore anyone who employs incantations for the
restoration or preservation of his health, or for the purpose of avoiding
calamities which threaten his harvests, if convicted, shall undergo
the punishment of an apostate and suffer death. |
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