Page:Symonds - A Problem in Modern Ethics.djvu/21



remarks upon the legislation of Constantine, Theodosius, and Justinian supply a fair example of the way in which men of learning and open mind have hitherto regarded what, after all, is a phenomenon worthy of cold and calm consideration. "I touch," he says, "with reluctance, and despatch with impatience, a more odious vice, of which modesty rejects the name, and nature abominates the idea." After briefly alluding to the morals of Etruria, Greece, and Rome, he proceeds to the enactments of Constantine: "Adultery was first declared to be a capital offence … the same penalties were inflicted on the passive and active guilt of pæderasty; and all criminals, of free or servile condition, were either drowned, or beheaded, or cast alive into the avenging flames." Then, without further comment, he observes: "The adulterers were spared by the common sympathy of mankind; but the lovers of their own sex were pursued by general and pious indignation." "Justinian relaxed the punishment at least