If, however, any one should have been forced to commit this horrible
offence, and is proved to have done so unwillingly, he shall then
not be liable to punishment, if the person who discovered the crime
should be present as a witness; but he who engaged in it voluntarily
shall undergo the full penalty. The children, or legitimate heirs of
married men who have been found guilty of this crime, shall have their
property; and it shall be lawful for their wives, having received back
their dowries, and retaining all their possessions, to afterwards marry
whomsoever they will.
=FLAVIUS EGICA, KING.=
=VI. Concerning Sodomy, and the Manner in which the Law should be
Enforced.=
The doctrine of the orthodox faith requires us to place our censure
upon vicious practices, and to restrain those who are addicted to
carnal offences. For we counsel well for the benefit of our people and
our country, when we take measures to utterly extirpate the crimes of
wicked men, and put an end to the evil deeds of vice. For this reason
we shall attempt to abolish the horrible crime of sodomy, which is
as contrary to Divine precept as it is to chastity. And although the
authority of the Holy Scriptures, and the censure of earthly laws,
alike, prohibit offences of this kind, it is nevertheless necessary to
condemn them by a new decree; lest if timely correction be deferred,
still greater vices may arise. Therefore, we establish by this law,
that if any man whosoever, of any age, or race, whether he belongs
to the clergy, or to the laity, should be convicted, by competent
evidence, of the commission of the crime of sodomy, he shall, by order
of the king, or of any judge, not only suffer emasculation, but also
the penalty prescribed by ecclesiastical decree for such offences, and
promulgated in the third year of our reign.
=FLAVIUS CHINTASVINTUS, KING.=
=VII. Concerning Adultery committed with the Concubine of a Father, or a
Brother.=
It was decreed by a former law, what should be done in cases where
incest was committed by persons related by blood. And because it is
not of less importance that the bed of the father or brother be not
polluted, we command, in addition, that no blood relative of theirs
shall ever commit adultery with either the concubine of his father or
his brother, nor with any one whom he knew his father or his brother
had ever sustained intimate relations with, whether she be a freewoman
or a slave; nor shall the father commit such adultery with the
concubine of his son. And if any one should knowingly commit such an
offence, his heirs, should he have no legitimate children, shall obtain
his property; and he himself shall be subjected to penance, and shall
undergo the punishment of perpetual exile.
TITLE VI.--CONCERNING DIVORCE, AND THE SEPARATION OF PERSONS
WHO HAVE BEEN BETROTHED.
=I.= _Where a Woman, justly or unjustly, is Separated from her
Husband._
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account