Small crimes, great punishments in Byzantium
Adulteresses with cut noses and blinded grave-robbers
The issue of citizen safety is not thorny today alone. A cursory look in the corrective systems and penal law of any society in history is enough to verify that the problem has existed for a very long time. Citizens have always felt insecure and the state has always attempted to protect them, through agents of order and the punishment of criminals. The further back we go, the more cruel and direct such punishments were.
In Byzantine times, the position of night governor, that is, chief of police, was one of the most important ones in the empire. Arrested thieves were flogged and their heads shaved before they were imprisoned. If the thief relapsed, he had his hand cut off. Rustlers also got their hands cut off, even on their first arrest. If the thief was armed while committing the crime, they were sentenced to death. In ultra-religious Byzantium, if someone was caught robbing a church, they was summarily blinded. Grave-robbing was also considered a particularly heinous crime. The Byzantines were buried together with precious artifacts and ornaments, and consequently, grave-robbing flourished. Punishment was simple: both the grave-robber’s hands were cut off at the wrists.
Enchanters and diviners were a plague on the illiterate and superstitious Byzantine society. Naturally, the church persecuted them relentlessly. Historian Will Durant cites an incredible list of such charlatans, who deceived the gullible in return for hefty payments. They divined the future using virtually everything. There were aleuromancers, arithmomancers, astragalomancers, astromancers, coscinomancers, lecanomancers, libanomancers, necromancers, nephelomancers, oneiromancers, pharmacomancers, cartomancers, etc. On arrest, they were imprisoned; if they relapsed, they were exiled, blinded or executed. Occasionally, enchanters were burned publicly at the Hippodrome, while anyone caught using sorcery to get rid of their enemies was thrown to the beasts.
Adultery was a serious crime as well. Adulterers were whipped and imprisoned, while adulteresses were banished after having their noses cut off, so that their crime would be obvious to all until their death. If a lady committed adultery with a slave, she would lose her nose and he would be beheaded. The husband who discovered his wife’s adultery and did not turn her in was exiled; if he were in the military, he was dishonourably discharged and imprisoned. Banishment was also the punishment of “adultery enablers”, that is, those who facilitated adultery, mainly by offering their homes.
Imprisonment was the lot of those who played games of chance as well. The Byzantines were incurable gamblers and several historiographers mention the social scourge that was the people’s love for dice, backgammon and other such games.
Priests and monks, of whom there were thousands in the empire, were judged by the Synod. Blasphemy was a heavy sin for clergy, punished by xerophagy, abstinence from communion and three hundred genuflections a day for several months. Another common punishable practice was the custom of “interns”, maidens from rural areas that priests and monks took into their houses, ostensibly to protect them. The girls were forced into convents and the naughty clergymen were put on trial.
As for Byzantine prisons, they were like any other prison of the time: dehumanising. The accounts of contemporary historiographers are full of awful images. Darkness, filth, lice, hunger, thirst, and torture were the lot of the prisoners. Additionally, at first, men and women shared cells, but Constantine at least imposed segregation.
However, despite the cruelty of punishment, historians consider Byzantine society a very highly delinquent one. Damn those corrective systems. The stricter they become, the less effective they prove in putting down crime and deceit. As if the two sides were not enemies but secret collaborators.
© Dimitris Kambourakis 2003, All Rights Reserved
Translation from the Greek © M.A.K. 2008, All Rights Reserved
Posted by Mary Contrary 