Justinian relaxed the punishment at least of female infidelity: the
guilty spouse was only condemned to solitude and penance, and at the end
of two years she might be recalled to the arms of a forgiving husband.
But the same Emperor declared himself the implacable enemy of unmanly
lust, and the cruelty of his persecution can scarcely be excused by the
purity of his motives. In defiance of every principle of justice he
stretched to past as well as future offences the operations of his
edicts, with the previous allowance of a short respite for confession
and pardon. A painful death was inflicted by the amputation of the
sinful instrument, or the insertion of sharp reeds into the pores and
tubes of most exquisite sensibility; and Justinian defended the
propriety of the execution, since the criminals would have lost their
hands had they been convicted of sacrilege. In this state of disgrace
and agony two bishops, Isaiah of Rhodes and Alexander of Diospolis, were
dragged through the streets of Constantinople, while their brethren were
admonished by the voice of a crier to observe this awful lesson, and not
to pollute the sanctity of their character. Perhaps these prelates were
innocent. A sentence of death and infamy was often founded on the slight
and suspicious evidence of a child or a servant; the guilt of the green
faction, of the rich, and of the enemies of Theodora was presumed by the
judges, and pederasty became the crime of those to whom no crime could
be imputed. A French philosopher[38] has dared to remark that whatever
is secret must be doubtful, and that our natural horror of vice may be
abused as an engine of tyranny. But the favorable persuasion of the same
writer, that a legislator may confide in the taste and reason of
mankind, is impeached by the unwelcome discovery of the antiquity and
extent of the disease.
V. The free citizens of Athens and Rome enjoyed in all criminal cases
the invaluable privilege of being tried by their country.
Public-domain text, read in full here on John Shaqi.
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