THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ XCVI ~ |
CONCERNING
THE VIOLATION OF SEPULCHRES. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
Crimes which are committed solely through mental depravity can, under no circumstances, be excused on the ground of necessity, or pardoned; nor should any escape from punishment for their perpetration be granted. Those, however, which do not wholly result from a malicious disposition, but whose violence is of a mixed character, and are attributable to special circumstances or to the impetuosity of Nature, should not be considered unpardonable. Therefore I think that the Civil and the Canon Law do not conflict, so far as those who violate tombs are concerned. The Civil Law, indeed, in treating of this offence, only considering the wicked intent of the guilty party, refuses to pardon him, and directs him to be punished; but, on the other hand, the Canon Law, if I am not mistaken, merely taking into account that poverty which causes the wretchedness of our lives and often impels persons in want to commit crime, did not provide any penalty for delinquency in cases of this kind. Therefore We, adapting Our decree to both of these laws, and attempting to reconcile, as far as possible, the harshness of the one with the lenity of the other, do hereby order that those who have only ventured to commit this offence once shall be treated with indulgence and compassion; but such as have taken advantage of Our clemency to offend a second time, and who, not having become more wise, still show their malice, shall suffer the penalty without any attention being paid to their supplication. This penalty shall consist in having the head shaved and being scourged. |
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