A Source Book for Ancient Church History - Mirrors

380 A Source Book for Ancient Church History[348]undertakes by way of sacrifice to slay a victim or to consult thesmoking entrails, let him, as guilty of lese-majesty, receive theappropriate sentence, having been accused by a lawful indictment,even though he shall not have sought anything against thesafety of the princes or concerning their welfare. It constitutesa crime of this nature to wish to repeal the laws, to spy intounlawful things, to reveal secrets, or to attempt things forbidden,to seek the end of another's welfare, or to promise the hope ofanother's ruin. If any one by placing incense venerates eitherimages made by mortal labor, or those which are enduring, orif any one in ridiculous fashion forthwith venerates what he hasrepresented, either by a tree encircled with garlands or an altar ofcut turfs, though the advantage of such service is small, the injuryto religion is complete, let him as guilty of sacrilege be punishedby the loss of that house or possession in which he worshippedaccording to the heathen superstition. For all places which shallsmoke with incense, if they shall be proved to belong to thosewho burn the incense, shall be confiscated. But if in temples orpublic sanctuaries or buildings and fields belonging to another,any one should venture this sort of sacrifice, if it shall appear thatthe acts were performed without the knowledge of the owner, lethim be compelled to pay a fine of twenty-five pounds of gold,and let the same penalty apply to those who connive at this crimeas well as those who sacrifice. We will, also, that this commandbe observed by judges, defensors, and curials of each and everycity, to the effect that those things noted by them be reported tothe court, and by them the acts charged may be punished. But ifthey believe anything is to be overlooked by favor or allowed topass through negligence, they will lie under a judicial warning.And when they have been warned, if by any negligence theyfail to punish they will be fined thirty pounds of gold, and themembers of their court are to be subjected to a like punishment.§ 70. The Dogmatic Parties and Their Mutual Relations