When the offender has been brought back under the power of his
ecclesiastical superior, he shall be placed in confinement, and
compelled to do penance according to the holy canons of the Church; and
if the bishop, through indulgence, should neglect to place him under
restraint as aforesaid, he shall pay two pounds of gold to the royal
treasury, and shall no longer be permitted to delay the punishment of
the offender. Where the bishop is unwilling to act, he shall either
call a council, or bring the matter to the attention of the king.
Such women as are implicated in the aforesaid enormities, shall be
given a hundred lashes by order of the judge; and all access to them
shall be prohibited; and the law, as established by the canons of the
Church concerning this offence, shall be enforced by the bishops. In
avenging such crimes, we do not grant the right to accuse or punish to
every one indiscriminately, unless the proof should be overwhelming,
or the guilt of the parties fully established; as we disclaim all
intention of opposing the precepts of the Holy Fathers, or of
violating, in any way, their ancient and sacred privileges.[19]
TITLE V. CONCERNING INCEST, APOSTASY AND PEDERASTY.
=I.= _Concerning Incestuous and Adulterous Marriages in
General._
=II.= _Concerning Incestuous and Adulterous Marriages and
Debauchery, either with Holy Virgins, or with Widows
and other Women while doing Penance._
=III.= _Concerning Men and Women who Illegally Assume the
Tonsure and Dress of Religious Orders._
=IV.= _Concerning the Restraint of Fraud Peculiar to Widows._
=V.= _Concerning Pederasty._
=VI.= _Concerning Sodomy, and the Manner in which the Law
should be Enforced._
=VII.= _Concerning Adultery committed with the Concubine of a
Father, or a Brother._
=FLAVIUS CHINTASVINTUS, KING.=
=I. Concerning Incestuous and Adulterous Marriages in General.=
No one shall marry, or maintain incestuous relations with, any woman
belonging to the family of his father, or his mother; or of his
grandfather, or his grandmother; or with the betrothed of his brother,
or the widow of any of his relatives. Therefore, it shall not be lawful
to defile the blood of such as are related even to the sixth degree,
either by marriage or otherwise; those persons only being excepted, who
have been married with the permission of the king, before the making
of this law, and the said persons shall, in no way, be affected by its
provisions. This law shall also apply to women. If any person should
violate it, the judge shall immediately order them to be separated, and
shall cause them to be placed in monasteries, according to their sex,
there to perform perpetual penance. The disposition of the property of
these offenders has been provided for by another law.
=FLAVIUS RECESVINTUS, KING.=
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