Changes

''All persons who have the shameful custom of condemning a man's body, acting the part of a woman's to the sufferance of alien sex (for they appear not to be different from women), shall expiate a crime of this kind in avenging flames in the sight of the people.''  

''All persons who have the shameful custom of condemning a man's body, acting the part of a woman's to the sufferance of alien sex (for they appear not to be different from women), shall expiate a crime of this kind in avenging flames in the sight of the people.''  

During the Roman Imperial period the Lex Julia de adulteris (originally of c. 17 B.C.) was expanded by legal commentators to include first offenses against boys, and  possibly all male homosexual acts. Under Justinian, the Eastern Roman Emperor from 527 A.D. to his death, historical accounts in Procopius and Malalas indicate that there was punishment of some homosexuals. In addition, under  Justinian's legislative activity there was the strict Institutes of the Corpus Juris Civilis (effective Dec 30, 533), which is understood by some to sum up the legal opinons:<ref>Paul Halsall, Justinian I: Novel 77 [538] and Novel 141 [544 CE]</ref>   

During the Roman Imperial period the Lex Julia de adulteris (originally of c. 17 B.C.) was expanded by legal commentators to include first offenses against boys, and  possibly all male homosexual acts. Under Justinian, the Eastern Roman Emperor from 527 A.D. to his death, historical accounts in Procopius and Malalas indicate that there was punishment of some homosexuals. In addition, under  Justinian's legislative activity there was the strict Institutes of the Corpus Juris Civilis (effective Dec 30, 533), which is understood by some to sum up the legal opinons:<ref>Paul Halsall, Justinian I: Novel 77 [538] and Novel 141 [544 AD]</ref>   

Institutes IV. xviii .4:

Institutes IV. xviii .4:

More significantly,  two "Novels" by Justinian issued were directed against homosexual activity:

More significantly,  two "Novels" by Justinian issued were directed against homosexual activity:

NOVEL 77 [358 CE] (extract)

NOVEL 77 [358 AD] (extract)

…since certain men, seized by diabolical incitement practice among themselves the most disgraceful lusts, and act contrary to nature: we enjoin them to take to heart the fear of God and the judgment to come, and to abstain from suchlike diabolical and unlawful lusts, so that they may not be visited by the just wrath of God on account of these impious acts, with the result that cities perish with all their inhabitants. For we are taught by the Holy Scriptures that because of like impious conduct cities have indeed perish, together with all the men in them.<ref>[trans. in Derrick Sherwin Bailey, Homosexuality and the Western Christian Tradition, (London: Longmans, Green, 1955), 73-74]</ref>   

…since certain men, seized by diabolical incitement practice among themselves the most disgraceful lusts, and act contrary to nature: we enjoin them to take to heart the fear of God and the judgment to come, and to abstain from suchlike diabolical and unlawful lusts, so that they may not be visited by the just wrath of God on account of these impious acts, with the result that cities perish with all their inhabitants. For we are taught by the Holy Scriptures that because of like impious conduct cities have indeed perish, together with all the men in them.<ref>[trans. in Derrick Sherwin Bailey, Homosexuality and the Western Christian Tradition, (London: Longmans, Green, 1955), 73-74]</ref>   

NOVEL 141 [344 CE]  

NOVEL 141 [344 AD]  

#1: For, instructed by the Holy Scriptures, we know that God brought a just judgment upon those who lived in Sodom, on account of this very madness of intercourse, so that to this very day that lands burns with inextinguishable fire. By this God teaches us, in order that by means of legislation we may avert such an untoward fate. Again, we know what the blessed Apostle says about such things, and what laws our state enacts. Wherefore it behoves all who desire to fear God to abstain from conduct so base and criminal that we do not find it committed even by brute beasts. Let those who have not taken part in such doings continue to refrain in the future. But as for those who have been consumed by this kind of disease, let them not only cease to sin in the future, but let them alos duly do penance, and fall down before God and renounce their plague [in confession] to the blessed Patriarch; let them understand the reason for this charge, and, as it is written, bring forth the fruits of repentance. So may God the merciful, in abundance of pity, deem us worthy of his blessing, that we may all give thanks to him for the salvation of the penitents, who we have now bidden [to submit themselves] in order that the magistrates too may follow up our action, [thus] reconciling to themselves God who is justly angry with us.   

#1: For, instructed by the Holy Scriptures, we know that God brought a just judgment upon those who lived in Sodom, on account of this very madness of intercourse, so that to this very day that lands burns with inextinguishable fire. By this God teaches us, in order that by means of legislation we may avert such an untoward fate. Again, we know what the blessed Apostle says about such things, and what laws our state enacts. Wherefore it behoves all who desire to fear God to abstain from conduct so base and criminal that we do not find it committed even by brute beasts. Let those who have not taken part in such doings continue to refrain in the future. But as for those who have been consumed by this kind of disease, let them not only cease to sin in the future, but let them alos duly do penance, and fall down before God and renounce their plague [in confession] to the blessed Patriarch; let them understand the reason for this charge, and, as it is written, bring forth the fruits of repentance. So may God the merciful, in abundance of pity, deem us worthy of his blessing, that we may all give thanks to him for the salvation of the penitents, who we have now bidden [to submit themselves] in order that the magistrates too may follow up our action, [thus] reconciling to themselves God who is justly angry with us.