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.
II.There shall be No Divorce between Married Persons.
III.There shall be No Separation between Persons who are Betrothed.

I. Where a Woman, justly or unjustly, is Separated from her Husband.

No one can legally marry a freewoman who has been repudiated by her husband, unless he knows that they have been divorced, either by written evidence, or in the presence of witnesses. And if any one should act otherwise, as soon as the governor of the city, or his deputy, or the judge of the district, shall become aware of the fact, where the parties are noble, and the judge is unable to imprison or separate them; he must straightway bring the affair to our attention, that they may receive the punishment which they deserve. But if they are persons of inferior rank, the judge shall immediately cause them to be separated. And the woman who, without the consent of her former husband, has married again, as well as the man who ventured to take her as a wife, shall be delivered up absolutely to her former husband, to be dealt with according to his pleasure. If, however, the case between the former husband and his wife has not yet been decided; or if her former husband has married another woman; or, indeed, if he has left his wife unjustly; he shall lose the dowry which he gave her, and it shall absolutely belong to her, nor shall he be entitled to receive any of her property. If he should have sold, or fraudulently disposed of, any of the property of his wife, the judge shall compel him to make restitution. Where the woman, through fear of her husband, or deceived by any of his representations, should have made any written agreement concerning her property for his benefit, her agreement shall be null and void, and all the property which it disposed of shall be restored to her.