Page:Symonds - A Problem in Modern Ethics.djvu/22

10 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." One consequence of such legislation may be easily foreseen. "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 pæderasty became the crime of those to whom no crime could be imputed."

This state of things has prevailed wherever the edicts of Justinian have been adopted into the laws of nations. The Cathari, the Paterini, the heretics of Provence, the Templars, the Fraticelli, were all accused of unnatural crimes, tortured into confession, and put to death. Where nothing else could be adduced against an unpopular sect, a political antagonist, a wealthy corporation, a rival in literature, a powerful party-leader, unnatural crime was insinuated, and a cry of "Down with the pests of society" prepared the populace for a crusade.

It is the common belief that all subjects of sexual