CONCERNING MARRIAGE.
TITLE I. CONCERNING NUPTIAL CONTRACTS.
=I.= _Marriage shall not be Entered Into without a Dowry._
=II.= _It shall be as Lawful for a Roman Woman to Marry a Goth,
as for a Gothic Woman to Marry a Roman._
=III.= _Where a Girl Marries against the Will of her Father,
while she is Betrothed to Another._
=IV.= _When a Gift is made by way of Pledge, a Nuptial Contract
cannot be Rescinded._
=V.= _Women Advanced in Years shall not Marry Young Men._
=VI.= _What Property the Dowry shall consist of._
=VII.= _The Father shall Exact, and Keep, the Dowry of his
Daughter._
=VIII.= _In case of the Death of the Father, the Disposition of
the Children, of both Sexes, in Marriage, shall belong
to the Mother._
=IX.= _Where Brothers Defer the Marriage of their Sister, or
Where a Girl Marries Beneath her Station._
=X.= _Where the Items of a Dowry, relating to any kind of
Property, are reduced to Writing, it shall not be
Contested._
=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=
=I. Marriage shall not be Entered Into without a Dowry.=
Marriage is recognized to have greater dignity and honor, where the
dowry is given before the nuptial contract has been entered into in
writing. For where the dowry has been neither given, nor stated in
writing, what expectation can there be of future conjugal dignity, when
propriety does not confirm the celebration of the marriage, nor the
honorable obligation of the written contract accompany it?
=FLAVIUS RECESVINTUS, KING.=
=II. It shall be as Lawful for a Roman Woman to Marry a Goth, as for a
Gothic Woman to Marry a Roman.=
The zealous care of the prince is recognized, when, for the sake of
future utility, the benefit of the people is provided for; and it
should be a source of no little congratulation, if the ancient law,
which sought improperly to prevent the marriage of persons equal in
dignity and lineage, should be abrogated. For this reason, we hereby
sanction a better law; and, declaring the ancient one to be void, we
decree that if any Goth wishes to marry a Roman woman, or any Roman a
Gothic woman, permission being first requested, they shall be permitted
to marry. And any freeman shall have the right to marry any free woman;
permission of the Council and of her family having been previously
obtained.
=III. Where a Girl Marries against the Will of her Father, while she is
Betrothed to Another.=
Where anyone is betrothed to a girl, either by the consent of her
father, or of any near relative in whom authority in these matters is
vested by all, and the girl, in defiance of the wishes of her father,
desires to marry another than him to whom she has been betrothed; this
we decree shall under no circumstances be permitted. But if the girl,
against the will of her father, should have fled to him who was her
choice, and should have married him, both shall be delivered into the
power of him to whom, with her father’s consent, she had previously
been betrothed. And if her mother, or brothers, or other relatives,
should grant her wishes, and give her to him whom she has chosen,
against the will of her father, those who have plotted this shall pay a
pound of gold to whomever the king may direct. Nor shall the act of the
parties be valid, but both of them, as has hereinbefore been stated,
shall be delivered up, with all their property, to him to whom the
girl had already been betrothed. And we decree that this law shall be
observed where the father shall have made arrangements concerning the
marriage of his daughter, and the amount of the dowry has been agreed
upon, and her father dies before the marriage has been concluded;
in such a case the girl shall be given to him to whom she had been
contracted by either her father or her mother.
=FLAVIUS CHINTASVINTUS, KING.=
=IV. Where a Gift is made by way of Pledge, a Nuptial Contract cannot be
Rescinded.=
Since we have treated of things that are past, we consider it eminently
proper to discuss and determine those that are to come. For the reason
that there are many who, disregarding the betrothal, fail to complete
the nuptial contract; we deem it proper to abolish this abuse, that no
one may delay a marriage according to his will. Therefore, we decree,
from this day, that when the ceremony of betrothal has been performed,
either between the parents or relatives of the parties, or in the
presence of witnesses, and the ring shall have been given or accepted
as a pledge, although nothing may have been committed to writing, the
promise shall, under no circumstances, be broken. Nor shall it be
lawful for either party to change his or her mind, if the other is
unwilling to consent; but if all the provisions relating to the dowry
have been carried out according to law, then the marriage shall be
celebrated.
=FLAVIUS RECESVINTUS, KING.=
=V. Women Advanced in Years shall not Marry Young Men.=
The law of nature is framed in the direct hope of progeny when the
nuptial contract is entered into with all due solemnity. For if a
marriage takes place between persons who are incompetent, either
through age or some personal defect, to properly perform their marital
duties, how can their offspring be other than dwarfed or deformed?
For that cannot be perfect whose origin is defective. We sometimes see
persons who, not observing the laws of nature, but induced by avarice,
dispose of their children in marriage so improperly, that neither the
age, rank, or morals of the parties concerned, are considered by them.
For though men have received their name from the fact that they control
women by their superior strength; some, in violation of the laws of
nature, give the priority to women, when they unite females of advanced
age with boys who are little more than children; and thus, for the sake
of gain, and through unwise delay, encourage the commission of vice
by the former. Therefore, that an end may be put to practices whose
results are unfavorable to future generations, we now decree, that,
hereafter, women shall always marry men who are older than themselves,
and a marriage under other circumstances shall not be valid, if either
of the parties should object. A space of time, not longer than two
years, shall be permitted to elapse from the day of betrothal to the
day of marriage; unless a longer period shall be agreed upon by the
parents or relations, or by the parties themselves, if they are of age.
But if, after the contract has been made, it is determined by common
consent to defer the date of the nuptials; or if one of the persons
should fail to be present, through necessity, this may be done; but the
marriage shall not then be deferred longer than two years more. And if
a second time, or several times, it may be desirable to prolong the
interval, it shall only be for a period of two years; otherwise, the
marriage contract, though made in writing, and accompanied with the
delivery of the dowry, shall not be valid. If any one unnecessarily
or arbitrarily should protract the time, and violate the marriage
contract, he shall be liable to the penalty which is contained in it,
and the contract shall still remain in force. Any woman who has had one
or more husbands, shall after the death of those husbands, be permitted
to marry any man of proper age who has never been married before, or
who has had one or more wives already deceased.
=FLAVIUS CHINTASVINTUS, KING.=
=VI. What Property the Dowry shall consist of.=
As disputes concerning the dowry often arise between parties
contemplating marriage, it is a matter of common advantage that no
doubt should hereafter be possible under this our law. Therefore,
we decree and declare, that the following law shall be perpetually
observed hereafter, to wit: that if any one of the nobles of our
palace, or of the principal personages of the Gothic nation, should
demand in marriage for his son either the daughter of another, or the
widow of any one; or if any one should choose for himself a wife, of
the aforesaid rank; no person shall pay, or bind himself to pay, as the
dowry of the girl or woman, more than the tenth part of his property.
But if it should happen that a parent should wish to give the dowry for
the benefit of his daughter-in-law, he can then give as said dowry,
the tenth part of the property which his son would inherit from him in
case of his death; and, in addition, he must give ten young men and
ten young girls, and twenty horses: or, in ornaments, as much as would
amount in value to a thousand _solidi_. And the wife shall have
absolute liberty to dispose of this property if she should not leave
any sons; and if she should die intestate, this donation shall go to
the nearest heirs of the husband.
It shall not be lawful for the parents of the girl, or for the girl
herself, or for any woman, to ask more as a dowry from the bridegroom,
than is provided for by this law; and, as was permitted by the Roman
laws, the girl, or the woman, may give to the bridegroom as much out of
her own property as she herself has demanded of him, should she desire
to do so. If the bridegroom should promise in writing, or bind himself
by oath, at the time of the marriage, to give a larger sum than is
permitted by this law, he is hereby fully authorized to take possession
of all over and above said sum, whenever he chooses. But if it should
happen that, through reverence for his oath, or, as often is the case,
through negligence, he should be unwilling to revoke or appropriate
the surplus amount which he had given to his bride, or should refuse
to do so; as it is not proper that, through the carelessness of
one, injury should be inflicted upon the many; therefore, when the
parents of the bridegroom, or his relations, shall become aware of the
facts, they may deprive the bride of all over and above the sum above
mentioned as legal; and this they may do as a matter of right, and
without prejudice. If, however, the husband, when a year has passed
since the marriage, should wish, through affection for his wife, to
make her a present of any kind, he shall have full liberty to do so.
But not within the space of a year shall the husband give to the wife,
or the wife to the husband, any present whatever, except the dowry
hereinbefore mentioned; unless either of them should be attacked by
grievous illness, and be in imminent danger of death.
In regard to others who desire to make marriage contracts, we deem it
proper, and so decree; that whoever is known to possess ten thousand
_solidi_, shall give to his bride as a dowry, as much as a
thousand _solidi_ out of all his possessions. And he who has only
a thousand _solidi_ shall, in the same proportion, give a hundred
as a dowry.
This law relating to the dowry shall be observed, without controversy,
in all matters great and small. Given and confirmed on the second day
of the Ides of January, and the third year of our reign.
=ANCIENT LAW.=
=VII. The Father shall Exact and Keep the Dowry of his Daughter.=
The father shall have the right to demand and keep the dowry of his
daughter. If the father or mother should not be present, then the
brothers, or the nearest relatives, shall receive the dowry, and
deliver it untouched to their sister.
=ANCIENT LAW.=
=VIII. In case of the Death of the Father, the Disposition of the
Children, of Both Sexes, in Marriage, shall belong to the Mother.=
If the father should be dead, the right to dispose of the children
of both sexes in marriage shall belong to the mother. If the mother
also should be dead, or if she should have married a second time, the
brothers shall have the right to select the husbands or wives for the
other children. But if any of the brothers should not be of age, which
is indispensable when their brother or sister is to be disposed of in
marriage; then the paternal uncles shall have that authority. Where a
brother is of full age, and declines the advice of his relatives, he
shall have the power to marry without their consent. But if a suitor,
equal to a sister in rank, should seek her in marriage; then her uncle
or her brother should consult with the other relatives as to whether
said suitor shall be accepted, or rejected, by common consent.
=IX. Where Brothers Defer the Marriage of their Sister, or Where a Girl
Marries beneath her Station.=
If the brothers of the girl should put off her marriage, with the
expectation that she, taking refuge with her intended husband, may lose
what she would have inherited from her father according to law; and
they should repulse her suitor two or three times; the girl, as soon
as the deceit of her brothers becomes evident, should she deem that
her suitor is her equal in birth, shall then receive from her brothers
whatever property she is entitled to inherit from her parents. But if,
on the other hand, her brothers should do nothing to affect the rights
of their sister, but only cause delay in order to provide her with a
husband more worthy of her; and she, forgetful of her modesty, and
disregarding her rank, should marry a man inferior to her in station;
she shall lose what she would have inherited from her parents, whether
that inheritance has been divided or not, but she shall still have the
right to inherit from her brothers and her sisters, and from any other
relatives.
=FLAVIUS CHINTASVINTUS, KING.=
=X. Where the Items of a Dowry, relating to any kind of Property, are
reduced to Writing, it shall not be Contested.=
When any one is desirous of contracting marriage, either in his own
behalf, or in behalf of his son, or of any other relative; he shall
have a right to dispose of, as a dowry, any of his own property; or
any given him by the king; or any he has acquired legally, in any way
whatsoever. And whatever has lawfully been stated in writing to be a
dowry, by any person, shall be valid, as such, in every respect.
TITLE II. CONCERNING UNLAWFUL MARRIAGES.
=I.= _Where a Woman Marries within a Year after the Death of
her Husband._
=II.= _Where a Freeborn Woman Marries a Slave, or her own
Freedman._
=III.= _Where a Freeborn Woman Marries the Slave of Another, or
a Freeborn Man the Female Slave of Another._
=IV.= _Where a Freedwoman, or a Freedman, Marries the Slave of
Another._
=V.= _Where any one gives in Marriage his Slave, of Either Sex,
to the Slave of Another._
=VI.= _Where a Woman contracts a Second Marriage in the Absence
of her Husband._
=VII.= _Where a Master Marries one of his Slaves to a
Freewoman, declaring him to be a Freeman._
=VIII.= _Where a Freewoman Marries without the Consent of her
Parents._
=ANCIENT LAW.=
=I. Where a Woman Marries within a Year after the Death of her Husband.=
If any woman, within a year after the death of her husband, should
marry another, or commit adultery, the children by her first marriage
shall receive half of her property; or, if there are no children,
the nearest heirs of the deceased husband shall receive half of her
property, by order of the court. We have especially prescribed this
penalty lest the woman, having been left pregnant by her husband, and
desiring to enter into a second marriage, should destroy her unborn
offspring. We decree, however, that those only shall be exempt from the
operation of this law, who marry within the prohibited time under order
of the king.
=II. Where a Freeborn Woman Marries a Slave, or her own Freedman.=
If a freeborn woman should commit adultery with her own slave, or
freedman, or should marry him; as soon as this has been proved, she
shall be put to death; and both adulterer and adulteress shall be
publicly scourged before the judge, and burned. And whenever any judge
shall be convinced of the commission of such a crime, and shall learn
that any mistress has married her slave, or her freedman; he shall at
once cause them to be separated, in order that the sons of her former
husband, or those of his relatives entitled to it by legal succession,
may obtain possession of her property. But if heirs, to the third
degree, should be wanting, then all her property shall belong to the
royal treasury; for it is not proper that the children born of such a
marriage should be heirs. And the woman, whether she be a virgin or
a widow, shall be liable to the penalty hereinbefore mentioned. But
if she should take refuge at the altar, and claim the privilege of
sanctuary, she shall be given by the king to whomever he chooses, to
serve him forever as a slave.
=III. Where a Freeborn Woman Marries the Slave of Another, or a Freeborn
Man the Female Slave of Another.=
If any freeborn woman should marry, or commit adultery with the slave
of another, even though he should belong to the king; as soon as this
shall come to the knowledge of the judge, he shall order the parties
to be separated immediately, that they may suffer the punishment they
deserve, to wit: each one a hundred lashes. And if, after this, they
should commit the offence a second time, the judge shall order them to
be arrested and brought before him, and they shall each receive another
hundred lashes. And if they should be guilty for the third time, they
shall receive another hundred lashes, and the woman shall be delivered
over into the power of her relatives. And if, at any time afterwards,
her relatives should permit her to return to the slave, she shall
become the slave of the master to whom the latter belongs. And whatever
children shall be born of this union shall follow the condition of the
father, and remain in slavery. The relatives of the woman, however,
shall inherit her property, according to the rules of inheritance. But
if the children who are born of this union shall prove, by a lawful
witness, that for thirty years they have been free, they shall be
exempt from servitude; provided that their parents, within the thirty
years for which time the children have proved themselves to be free,
should have rendered no service to their master, by reason of which
their children might be subject to slavery. And we direct that this law
shall also apply to freeborn men who marry the female slaves of the
king, or those of any one else whomsoever.
=FLAVIUS CHINTASVINTUS, KING.=
=IV. Where a Freedwoman, or a Freedman, Marries the Slave of Another.=
If any woman who has been freed should unite herself with the slave of
another, or should marry him; the master of the slave shall notify her
three times, in the presence of three witnesses, to leave him, and if,
after the third notification, she should be unwilling to do so, she
shall become the slave of the master of him with whom she is living.
But if she should not have been notified before any children are born,
then she shall remain free. It is the rule that the blood relations of
a slave shall belong to his master, because those cannot be free who
are born in this condition. This law likewise shall apply to men who
have been set free, who unite with the slaves of others. But if any
woman who has been set free should marry the slave of another, after
the permission of the master has been granted, through any contract or
agreement with the latter, then such contract shall be valid.
=V. Where any one gives in Marriage his Slave, of Either Sex, to the
Slave of Another.=
Whoever gives his female slave, as a wife, to the slave of another,
without the knowledge of the master of the latter, and this should be
established by certain proof, the said master shall have the wife of
the slave, along with all of her children, as his own slaves. And he
who marries the female slave of another to his own slave, we ordain
shall also be subject to this law.
=VI. Where a Woman contracts a Second Marriage in the Absence of Her
Husband.=
No woman, in the absence of her husband, shall have liberty to marry
another man until she has learned, by certain evidence, that her
husband is dead; and he, also, who wishes to marry her must make
diligent inquiry for that purpose. But if they should neglect to do
this, and should be unlawfully married, and afterwards the former
husband should return, they shall both be delivered up into his power,
to be disposed of at his will, and he shall have the right to sell them
or do whatever he pleases with them.
=FLAVIUS CHINTASVINTUS, KING.=
=VII. Where a Master Marries one of his Slaves to a Freewoman, declaring
him to be a Freeman.=
The acts of wicked men must be resisted, lest unbridled depravity
prevail. Many persons, induced by avarice, are accustomed to wickedly
deceive freeborn women and girls by inducing them to accept their
slaves as husbands, representing them to be freeborn; in order that any
children they have, may afterwards be reduced to slavery. Therefore,
that this fraud may be abolished, we decree by the present law, that
persons guilty of such deception shall be branded with infamy; and
those slaves who are found to have been represented as freemen by the
aforesaid evil-minded persons, shall be, along with their children,
forever free; just as if their masters had publicly liberated them; and
the women or girls who married said slaves shall have, as their own,
all the property which was either received by, or promised to, them
at the time of their marriage; if they can establish by any suitable
proof, that their husbands were given to them under the representation
that they were free. But if any girl or woman, as aforesaid, or her
parents, should not be able to prove this; the master shall possess
said girl or woman, along with her children, as slaves, and shall be
entitled to all their property. And this law shall also apply to those
female servants who are known to have married freemen under similar
circumstances of fraud, as well as to persons who have been set free,
and who are proved to have married the slaves of others.
=ANCIENT LAW.=
=VIII. Where a Freewoman Marries without the Consent of her Parents.=
If any freeborn girl should marry a freeman before the latter has
consulted her parents, and if he then should obtain consent to have
her as his wife, he shall pay the legal dowry to her parents; but if
he can not furnish that sum, the girl shall be again placed under
their control. If she should have been voluntarily married without the
consent and knowledge of her parents, and they should then be unwilling
to receive her, she shall not inherit along with her brothers, for the
reason that she married without the permission of her parents. If her
parents should give her any of their property, she shall have full
liberty to dispose of it at her pleasure.
TITLE III. CONCERNING THE RAPE OF VIRGINS, OR WIDOWS.
=I.= _Where a Freeman carries off a Freewoman by Force, he
shall not be permitted to Marry her, if she was a
Virgin._
=II.= _Where Parents remove their Daughter from the Power of a
Ravisher._
=III.= _Where the Parents of a Girl, who has been Betrothed,
consent that She should be Carried Away by Another._
=IV.= _Where Brothers, either during the Life of their Father,
or after his Death, consent that any one should Carry
Away their Sister by Force._
=V.= _Where any one Carries Away by Violence a Woman who was
Betrothed to Another._
=VI.= _Where a Ravisher is Killed._
=VII.= _Within what Time it is Lawful to Prosecute a Ravisher;
and Whether any Marriage Contract can be entered into
with Him by the Girl or her Parents._
=VIII.= _Where a Slave carries off a Freewoman by Force._
=IX.= _Where a Slave carries off a Freedwoman by Force._
=X.= _Where a Slave carries off the Female Slave of Another by
Force._
=XI.= _Concerning those who Deceive Girls, or the Wives of
Others, or Widows; and Concerning those who Compel by
Force, and without the Royal Command, any Freeborn
Girl or Widow to take a Husband._
=XII.= _Concerning Freemen and Slaves who are Proved to have
been Implicated in the Crime of Rape._
=ANCIENT LAW.=
=I. Where a Freeman carries off a Freewoman by Force, he shall not be
permitted to Marry her, if she was a Virgin.=
If any freeman should carry off a virgin or widow by violence, and she
should be rescued before she has lost her chastity, he who carried her
off shall lose half of his property, which shall be given to her. But
should such not be the case, and the crime should have been fully
committed, under no circumstances shall a marriage contract be entered
into with him; but he shall be surrendered, with all his possessions,
to the injured party; and shall, in addition, receive two hundred
lashes in public; and, after having been deprived of his liberty, he
shall be delivered up to the parents of her whom he violated, or to the
virgin or widow herself, to forever serve as a slave, to the end that
there may be no possibility of a future marriage between them. And if
it should be proved that she has received anything from the property
of the ravisher, on account of her injury, she shall lose it, and it
shall be given to her parents, by whose agency this matter should be
prosecuted. But if a man who has legitimate children by a former wife
should be convicted of this crime, he alone shall be given up into the
power of her whom he carried off; and his children shall have the right
to inherit his property.[16]
=FLAVIUS RECESVINTUS, KING.=
=II. Where Parents remove their Daughter from the Power of a Ravisher.=
If the parents of the woman or girl who has been carried off should
rescue her, the ravisher shall be given up to them, and, under no
condition whatever, shall she be permitted to marry him; and should
they presume to marry, both shall be put to death. If, however, they
should take refuge with the bishop, or should claim the privilege
of sanctuary, their lives shall be granted them; but they shall be
separated and delivered over as slaves to the parents of the woman.
=III. Where the Parents of a Girl, who has been Betrothed, consent that
she should be Carried Away by Another.=
If parents should connive at their daughter being carried away, after
she has been betrothed to another, they shall be compelled to pay the
latter four times the amount of the dowry agreed upon; and the ravisher
shall be delivered up as a slave, absolutely, under the law, to the man
who was betrothed to the girl.
=ANCIENT LAW.=
=IV. Where Brothers, either during the Life of their Father, or after
his Death, consent that any one should Carry Away their Sister by Force.=
If, during the life of their father, any brothers should consent to, or
connive at, the carrying off of their sister, they shall receive the
penalty to which ravishers are liable, excepting that of death. But it,
after the death of their father, they should give up their sister to a
ravisher, or permit her to be carried off by him; for the reason that
they have disposed of her in marriage to a person of vile character,
or against her own will, when they should have protected her honor,
they shall lose the half of their property, which shall be given to
their sister, and, in addition, they shall each receive fifty lashes
in public: so that others, admonished by this, may take warning. All
accessories, who were present, shall receive the punishment prescribed
by another law. And the ravisher, inexcusable by a former law, shall
lose both his property and his rank.
=ANCIENT LAW.=
=V. Where any one Carries away by Violence a Woman who was Betrothed to
Another.=
If any one should carry off a woman betrothed to another, we hereby
decree that half of the property of the ravisher shall be given to
the girl, and the other half to her betrothed. But if he should have
little or no property, he shall be given up, with all his possessions,
to those above mentioned; so that the ravisher having been sold as a
slave, they may have an equal share in the price paid for him. The
ravisher himself, if the crime shall have been consummated, shall be
punished.
=ANCIENT LAW.=
=VI. Where a Ravisher is Killed.=
If any ravisher should be killed, it shall not be considered criminal
homicide, because the act was committed in the defence of chastity.
=FLAVIUS CHINTASVINTUS, KING.=
=VII. Within what Time it is Lawful to Prosecute a Ravisher; and Whether
any Marriage Contract can be entered into with Him by the Girl or her
Parents.=
The ravisher of a virgin or a widow can only be prosecuted within
thirty years after the commission of the crime. If a marriage contract
should be entered into by him with the parents of the girl, or with the
girl herself, or with the widow, said contract shall not be illegal.
After thirty years have elapsed, as aforesaid, all prosecutions shall
be barred.[17]
=FLAVIUS RECESVINTUS, KING.=
=VIII. Where a Slave carries off a Freewoman by Force.=
It is the province of equity to make laws concerning the future, where
doubt exists in the present. Where slaves, with the knowledge, or under
the order of their master, carry off any woman by force, the master
shall be required by the judge to give the satisfaction required by
law. And if slaves should perpetrate such crimes against the will of
their master, they shall be arrested by the judge, and, after having
been scalped, shall receive three hundred lashes with the scourge.
Any slave who has violated a freeborn woman shall undergo the extreme
penalty of the law.
=FLAVIUS CHINTASVINTUS, KING.=
=IX. Where a Slave carries off a Freedwoman by Force.=
If a slave should be convicted of having carried off a woman who has
been freed, and if the said slave is of good character, and the woman
also, his master shall pay a hundred _solidi_ on his behalf.
Should he be unwilling to do this, he must surrender the slave, without
delay, so that it may not be possible for him to marry the woman. If,
however, they should be married at any time, and children should be
born to them, the master shall have both the slave and his children,
as slaves. But if a slave should be known to be coarse and degraded,
and should be convicted of having carried off a freedwoman of good
character, his master shall pay to the aforesaid woman as much as the
slave is worth, and the latter shall receive a hundred lashes with the
scourge, shall be scalped, and shall forever remain in servitude in the
power of his master.
=FLAVIUS CHINTASVINTUS, KING.=
=X. Where a Slave carries off the Female Slave of Another by Force.=
If a slave should carry off the female slave of another by force, he
shall receive two hundred lashes, and have his head shaved; and, if
the master of the female slave desires it, he shall be separated from
her.
=XI. Concerning those who Deceive Girls, or the Wives of Others, or
Widows; and Concerning those who Compel by Force, and without the Royal
Command, any Freeborn Girl or Widow to take a Husband.=
Everything that pollutes the honor and dignity of human life must
be restrained by law. Therefore those who solicit wives to commit
adultery, or deceive the daughters of others; or widows; or women who
are betrothed; whether they use, as their agents, persons who have
been freed, or who are born free, or slaves of either sex; as soon as
their crime shall be made apparent by positive testimony, they shall
be arrested, along with their emissaries, by order of the judge; and
shall be delivered up into the power of him, whose wife, daughter,
or betrothed relative, they are convicted of having solicited, to be
disposed of at his pleasure; as he is the person whom the conjugal
condition, or the relationship by blood, designates as the legal
avenger of such a crime. Any person who shall, by force, compel a
freeborn girl or widow, without the royal order, to take a husband,
shall be compelled to pay five pounds of gold to him to whom the injury
was done; and the marriage shall be declared void, unless the woman
shall consent to it of her own free will.
=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=
=XII. Concerning Freemen and Slaves who are Proved to have been
Implicated in the Crime of Rape.=
Any one who is known to have assisted, or to have been present, at the
carrying off of any woman by force, if he is a freeman, shall pay a
fine of six ounces of gold, and shall publicly receive fifty lashes
with the scourge. If he is a slave, and acted without the consent of
his master, he shall receive a hundred lashes. But if he should commit
this crime with the consent of his master, the latter must give such
satisfaction in his stead as has already been stated.
TITLE IV. CONCERNING ADULTERY.
=I.= _Where a Woman Commits Adultery with, or without, the
Connivance of her Husband._
=II.= _Where a Girl or a Woman who has been Betrothed is found
Guilty of Adultery._
=III.= _Concerning the Adultery of a Wife._
=IV.= _Where an Adulterer, along with an Adulteress, is Killed._
=V.= _Where her Father, or her Relatives, Kill a Girl who has
been Guilty of Adultery in their House._
=VI.= _It is not Lawful for Slaves to put Persons to Death who
are taken in Adultery._
=VII.= _Where a Girl, or a Widow, goes to the House of Another,
in order to commit Adultery, and the Man should wish
to Marry Her._
=VIII.= _Where a Freeborn Woman commits Adultery with Any One._
=IX.= _Where a Freeborn Woman commits Adultery with the Husband
of Another._
=X.= _Slaves of Both Sexes may be Tortured to reveal the
Adultery of their Masters._
=XI.= _Whether it shall be Lawful to set a Slave at Liberty,
in order to Conceal the Crime of Adultery._
=XII.= _Concerning the Property of Husbands or Wives who have
committed Adultery._
=XIII.= _Concerning those Persons who have a Right to bring
Accusations of Adultery, and what Proof of the Crime
should be Made._
=XIV.= _Where a Freedman, or a Slave, has been Convicted of
having committed Adultery, with Violence, upon a
Freeborn Virgin, or Widow._
=XV.= _Where a Freeman, or a Slave without the Knowledge of
his Master, commits Adultery with the Female Slave of
Another._
=XVI.= _Where a Female Slave is proved to have committed
Adultery with Another by Force._
=XVII.= _Concerning Freeborn Women, or Female Slaves, of Bad
Character; and Where Judges Refuse to Investigate, or
Punish their Crimes._
=XVIII.= _Concerning the Impurity of Priests and other
Ministers of Religion._
=ANCIENT LAW.=
=I. Where a Woman Commits Adultery with, or without, the Connivance of
her Husband.=
If any one should have intercourse with the wife of another by force,
and the party who committed the crime should have legitimate children
by a former marriage; he himself, without his property, shall be
delivered up to the husband of the woman. But if he should have no
legitimate children to whom his property can legally descend, he
shall be surrendered, with all his possessions, into the power of the
husband, to be disposed of at his pleasure. And if the woman should
have consented to the act, both of them shall be delivered up to the
husband.
=ANCIENT LAW.=
=II. Where a Girl or a Woman who has been Betrothed is found Guilty of
Adultery.=
If a marriage contract has been entered into between an intended
husband and the parents of an intended wife; or with the woman herself,
if she has the right to make the contract; the dowry being duly given,
and an agreement made in writing, before witnesses, according to
custom, and as is prescribed by law; and, afterwards the girl or the
woman is convicted of having committed adultery, or of having betrothed
herself to another man, or of having married; she, along with her
unlawful husband, or adulterer, or betrothed to whom she has given
herself contrary to her solemn agreement, shall be delivered up as
slaves, with all their property, to the person to whom she was first
betrothed; in case the adulterer, or violator of the law, should have
no children by a former marriage, or the woman herself should not have
any. But if it should be proved that they have legitimate children,
then all their possessions shall belong to those children. But the
man and the woman who have committed adultery, or have betrothed
themselves, or have married, shall both be delivered up as slaves into
the power of him to whom the aforesaid woman bound herself by her
marriage contract.
=ANCIENT LAW.=
=III. Concerning the Adultery of a Wife.=
If the wife of any one should commit adultery, and not be caught in the
act, her husband may accuse her before a judge by the introduction of
competent evidence. And if the adultery of the woman should be plainly
manifest, both adulterer and adulteress, according to the provisions of
a former law, shall be given up to the husband, to be disposed of in
any way he may select.
=ANCIENT LAW.=
=IV. Where an Adulterer, along with an Adulteress, is Killed.=
If the husband, or the man who was betrothed to the woman, should kill
the adulterer along with the adulteress, it shall not be considered
criminal homicide.
=FLAVIUS RECESVINTUS, KING.=
=V. Where her Father, or her Relatives, Kill a Girl who has been Guilty
of Adultery in their House.=
If a father should kill his daughter, while she is in the act of
committing adultery in his own house, he shall be liable to no penalty
or reproach. But if he should wish to spare her life, he shall have
full power to dispose of her and the adulterer, according to his will.
Likewise, her brothers or her uncles, after the death of her father,
shall have the same power.
=ANCIENT LAW.=
=VI. It is not Lawful for Slaves to put Persons to Death who are taken
in Adultery.=
While parents have the undoubted right to kill adulterers caught in
their houses, slaves have no such authority. But if slaves should
discover them, they may keep them in honorable custody, until they can
be delivered over to the master of the house, or to the judge; and,
after having been found guilty by reliable evidence, the legal penalty
shall be inflicted upon them.
=ANCIENT LAW.=
=VII. Where a Girl, or a Widow, goes to the House of Another, in order
to commit Adultery, and the Man should wish to Marry Her.=
If a freeborn girl, or a widow, should go to the house of another for
the purpose of committing adultery, and the man who is implicated
should wish to marry her, and her parents, if she has any, should
acquiesce; he shall give to the parents of the girl as large a sum as
they may demand, or as much as shall be agreed upon between him and the
woman herself. But the woman shall not share with her brothers in the
inheritance of her parents, unless the latter desire it.
=ANCIENT LAW.=
=VIII. Where a Freeborn Woman commits Adultery with Any One.=
If any freeborn woman should be detected in having voluntarily
committed adultery with any man, and if, afterwards, he should wish
to marry her, he shall be permitted to do so. But if he should be
unwilling, she shall be considered guilty of having voluntarily
committed a crime.
=ANCIENT LAW.=
=IX. Where a Freeborn Woman commits Adultery with the Husband of
Another.=
If any freeborn woman should commit adultery with the husband of
another, and should be convicted of it by conclusive evidence,
she shall be surrendered to the wife of the husband with whom she
was guilty, that the revenge of the woman injured may be fully
satisfied.[18]
=ANCIENT LAW.=
=X. Slaves of Both Sexes may be Tortured to reveal the Adultery of their
Masters.=
In order to prove the commission of adultery by either a master or
a mistress, their slaves of both sexes may be put to the torture,
in order that the truth may be the more certainly discovered and
established, beyond question.
=ANCIENT LAW.=
=XI. Whether it shall be Lawful to set a Slave at Liberty, in order to
Conceal the Crime of Adultery.=
If any one, for the sake of concealing the truth, and for fear a slave
may be tortured in order to prove an act of adultery, should liberate
that slave, his act shall be void.
=XII. Concerning the Property of Husbands or Wives who have committed
Adultery.=
We have already decreed, by a former law, that an adulterous wife,
as well as the adulterer, shall be delivered up to her husband.
And, because doubt concerning the disposition of their property may
sometimes arise in the minds of the judges, therefore we consider it
necessary to especially provide, that if the adultery of the wife
should be manifest upon evidence introduced by her husband, and if
neither adulteress nor adulterer should have legitimate children by a
former marriage, the entire inheritance of both of them, along with
their persons, shall be delivered up into the power of the husband of
the woman. But if the adulterer should have legitimate children by a
former marriage, his property shall belong entirely to them, and only
his person shall be surrendered to the husband of the adulteress. But
if the adulterous wife should be known to have legitimate children,
either by a former, or later marriage, the portion belonging to the
children of the former marriage shall be set apart and delivered to
them; but the husband shall have the portion which would otherwise
belong to her children born after she had been convicted of adultery,
and he may bequeath it, after his death, to those children. And, after
the adulterous wife has been brought back into the power of her husband
it shall not be lawful for any marital relations to exist between them.
If, in violation of this, such relations should thereafter exist, he
himself shall have none of her property, and all of it shall be given
to her legitimate children; or, if there are no children, to her other
heirs. A similar decree is hereby made concerning persons who have been
betrothed.
=FLAVIUS CHINTASVINTUS, KING.=
=XIII. Concerning those Persons who have a Right to bring Accusations of
Adultery, and what Proof of the Crime should be Made.=
If the law does not punish the perpetrators of crime, their audacity
will have no bounds. For this reason, and because certain: wives who
hate their husbands abandon themselves to adultery, and so affect
the minds of their husbands, either by the administration of drugs,
or by the devices of witchcraft, that they are unable to publicly
accuse their wives or to leave them, on account of the affection they
bear them; therefore, in such cases it is hereby decreed, that if the
adulteress or her husband have any legitimate sons who are of age, it
shall be lawful for them to act in the place of the husband, and to
prove the fact of adultery in court. But if there are no sons, or they
have not the proper age or experience to conduct this matter lawfully;
in order that there may be no delay in the punishment of adultery; or
for fear that the adulteress may kill her husband; or her children
or relatives may, for this reason, be deprived of her property; it
is hereby decreed that the relations of the husband, shall have the
power, under such circumstances, of accusing the said adulteress. And
if, after accepting this trust, the adultery of the woman should be
plainly proved in court, then both parties who have been convicted of
this crime shall be at once given up, with all their property, to serve
as slaves to those who, according to the provisions of the law, have
proved this accusation.
We make, however, an exception in favor of such as have manifested
signs of repentance, and seem to be worthy of pity; and we hereby
decree that they shall receive the punishment of the scourge. And if
the sons of the adulteress were not of sufficient age, at the time the
crime was committed, to appear in court, the relatives of the husband,
after the death of the latter, if there are no sons, shall be entitled
to the property of the woman. If the sons should be unwilling, or not
of a sufficient age or experience to prosecute the adulteress; then
the nearest relative of the husband, who produced evidence of the
crime, shall have the fifth part of the property of the adulteress
for his pains, and the other four-fifths shall belong to the sons
aforesaid. If there should be any lukewarmness on the part of the
relatives, or negligence on the part of the sons, or if the parties
should be corrupted by gifts; the conduct of such matters shall not
be committed to persons of this character; and should the cause come
to the knowledge of the king, he shall determine, according to his
mercy, either by whom the case must be prosecuted, or how much of
the property of the woman the prosecutor shall have as a fee for his
trouble. But because it is difficult to prove the adultery of a woman
by the evidence of persons who are free, as generally this crime is
perpetrated in secret; henceforth, whenever the evidence of a freeborn
person is not available to prove adultery, it shall be lawful for the
person aforesaid, to whom it is granted by the present law to bring
an accusation of this kind, to put the slaves of both parties to the
torture, that the crime may be proved in court.
=ANCIENT LAW.=
=XIV. Where a Freedman, or a Slave, has been Convicted of having
committed Adultery, with Violence, upon a Freeborn Virgin, or Widow.=
If any one should compel a virgin or widow, who is freeborn, to commit
adultery or fornication; if he should be freeborn, he shall be scourged
with a hundred lashes, and be given forever to serve as a slave her
whom he has injured. A slave convicted of such a crime shall be burned.
And a freeman who has been proved to be guilty of a crime of this kind,
shall never be permitted to marry her whom he has violated. But if the
woman herself, after she has received the man as a slave, should marry
him, she shall then undergo the penalty of her base action, and shall,
along with all her property, be delivered over to her own heirs, to
forever serve as a slave.
=ANCIENT LAW.=
=XV. Where a Freeman, or a Slave without the Knowledge of his Master,
commits Adultery with the Female Slave of Another.=
If any one should be convicted of having committed adultery with a
female slave outside the house of her master, the latter shall have the
power of punishing only the female slave. Where either a freeman or
a slave is convicted of the commission of such a crime with a female
slave in the house of her master; if he should be freeborn, and the
slave of good reputation and superior rank, he shall receive a hundred
lashes, without any imputation of infamy. If the slave is of inferior
rank, she shall receive fifty lashes; and a male slave, guilty of such
an offence with the female slave of another, shall receive a hundred
and fifty lashes.
=ANCIENT LAW.=
=XVI. Where a Female Slave is proved to have committed Adultery with
Another by Force.=
If any one should violate the person of a female slave, and should
be seized in the house of her master; or if he should be convicted
of having committed the crime anywhere else; if a slave, he shall
receive two hundred lashes; if a freeman, fifty; and the latter shall
be compelled to pay, in addition, thirty _solidi_ to the master
of the female slave. But if the master should have ordered the slave
to commit the act, the latter shall undergo the penalty and scourging
prescribed by a former law.
=ANCIENT LAW.=
=XVII. Concerning Freeborn Women, or Female Slaves, of Bad Character;
and Where Judges Refuse to Investigate or Punish their Crimes.=
If any freeborn girl or woman should publicly practise fornication, be
known as a harlot, and be shamelessly given to soliciting men; after
having been arrested by the governor of the city, she shall receive in
public two hundred lashes, and shall be sent away, under the condition
that she shall not, afterwards, be guilty of similar conduct, or ever
again enter the city. And if she should ever return, she shall be
sentenced by the governor to receive three hundred lashes more, and
shall be given as a slave to some pauper, and never be permitted to
go freely about the city again. And if she should admit that she has
pursued her evil life with the knowledge of her father and mother, and
thus should seem to have acquired her degradation through association
with her parents, and her father and mother should be convicted of
having had such guilty knowledge; each of them shall receive a hundred
lashes.
If a female slave should be convicted of leading such a life, she shall
be arrested by order of the judge; shall receive three hundred lashes
in public; and, having had her head shaved, shall be returned to her
master, with the understanding that he will cause her to be removed to
such a distance from the city, or will sell her in such a locality,
that she shall be unable to return. But if he should be unwilling to
send her away, or to sell her, and she should return, he shall receive
fifty lashes in public; and the said female slave shall be given to
some pauper whom the king, judge, or governor may select, with the
admonition that she be not again permitted to enter the city. If she
should declare that she had acted with the consent of her master,
gaining money for him through her vicious practices, and he should be
publicly convicted of this, he shall receive the same number of lashes
as she would otherwise have received.
And, in like manner, we decree that all others should be dealt with,
who either in villages or towns, have been arrested for similar crimes.
If any judge should be unwilling to investigate such offences, or
prosecute, or correct them, he shall receive a hundred lashes by order
of the governor of the city, and shall pay thirty _solidi_ to him
whom the king shall designate.
=FLAVIUS RECESVINTUS, KING.=
=XVIII. Concerning the Impurity of Priests and other Ministers of
Religion.=
As sacred authority demands purity of life, so it should also be
required of its ministers; and it is our duty to put an end to all
unlawful conduct, and attempt to act in compliance with the Divine
commandments. Therefore, if it should be established by undoubted
evidence, that any priest, deacon, or sub-deacon, has married or
committed fornication or adultery with a widow doing penance, a virgin,
a wife, or any other woman; as soon as the fact shall come to the
knowledge of the bishop, or the judge, he shall put an end to such a
connection at once.
When the offender has been brought back under the power of his
ecclesiastical superior, he shall be placed in confinement, and
compelled to do penance according to the holy canons of the Church; and
if the bishop, through indulgence, should neglect to place him under
restraint as aforesaid, he shall pay two pounds of gold to the royal
treasury, and shall no longer be permitted to delay the punishment of
the offender. Where the bishop is unwilling to act, he shall either
call a council, or bring the matter to the attention of the king.
Such women as are implicated in the aforesaid enormities, shall be
given a hundred lashes by order of the judge; and all access to them
shall be prohibited; and the law, as established by the canons of the
Church concerning this offence, shall be enforced by the bishops. In
avenging such crimes, we do not grant the right to accuse or punish to
every one indiscriminately, unless the proof should be overwhelming,
or the guilt of the parties fully established; as we disclaim all
intention of opposing the precepts of the Holy Fathers, or of
violating, in any way, their ancient and sacred privileges.[19]
TITLE V. CONCERNING INCEST, APOSTASY AND PEDERASTY.
=I.= _Concerning Incestuous and Adulterous Marriages in
General._
=II.= _Concerning Incestuous and Adulterous Marriages and
Debauchery, either with Holy Virgins, or with Widows
and other Women while doing Penance._
=III.= _Concerning Men and Women who Illegally Assume the
Tonsure and Dress of Religious Orders._
=IV.= _Concerning the Restraint of Fraud Peculiar to Widows._
=V.= _Concerning Pederasty._
=VI.= _Concerning Sodomy, and the Manner in which the Law
should be Enforced._
=VII.= _Concerning Adultery committed with the Concubine of a
Father, or a Brother._
=FLAVIUS CHINTASVINTUS, KING.=
=I. Concerning Incestuous and Adulterous Marriages in General.=
No one shall marry, or maintain incestuous relations with, any woman
belonging to the family of his father, or his mother; or of his
grandfather, or his grandmother; or with the betrothed of his brother,
or the widow of any of his relatives. Therefore, it shall not be lawful
to defile the blood of such as are related even to the sixth degree,
either by marriage or otherwise; those persons only being excepted, who
have been married with the permission of the king, before the making
of this law, and the said persons shall, in no way, be affected by its
provisions. This law shall also apply to women. If any person should
violate it, the judge shall immediately order them to be separated, and
shall cause them to be placed in monasteries, according to their sex,
there to perform perpetual penance. The disposition of the property of
these offenders has been provided for by another law.
=FLAVIUS RECESVINTUS, KING.=
=II. Concerning Incestuous and Adulterous Marriages and Debauchery,
either with Holy Virgins, or with Widows and other Women while doing
Penance.=
It is our royal duty to promulgate laws to be enforced throughout all
the provinces of our kingdom, to the end that crime may be prevented
in the future, and that justice may put an end to the deeds of the
wicked. Many persons, in defiance of the admonitions of the Divine Law,
and in opposition to the honorable duties of life, are accustomed,
either by violence, or with consent, to contract marriage with virgins
who have been devoted in the service of God, and have taken the vow
of chastity with the benediction of the priest, and according to the
canons of the Church; or with other women nearly related to themselves;
and, in this way, have polluted with vice that chastity which was
dedicated to God, or which should have been respected on account of
the ties of consanguinity. Such conduct, whether it relates to men or
women, is both abhorrent to good morals, and a reproach to the True
Faith. Therefore, in the name of God and the Holy Catholic Church,
we decree that, hereafter, as is also provided by the ecclesiastical
canons, no one, either by force or consent, shall take as a wife, any
virgin devoted to God, or any widow who has assumed the habit of any
order; or any one who is performing penance; or any near relative of
their own; or any one with whom his connection might be branded with
infamy; because that cannot be a true marriage, which from good becomes
evil, and which, under a false name, is nothing more than incest and
fornication. And if any other persons in our kingdom should attempt to
commit a crime of this kind, they shall be separated, and condemned to
perpetual exile, at the instance of the judge or priest, even if no
one should accuse them; nor shall any time which may have elapsed, be
pleaded in their defence.
The property of such persons which has been seized for the crime, shall
belong to the children of a former marriage; and if there should be no
such children, to those born of this marriage; and the latter shall
not be liable to reproach on this account, for those who are born out
of wedlock are purified by the ceremony of baptism. But if there should
be no children whatever, the inheritance shall descend to those to whom
the provisions of former laws have given legitimate succession. The
same regulation shall apply to persons in orders, whom the Canon Law
forbids to marry.
Those women are excepted from this decree who have been forced into
marriage, and have not subsequently given their consent thereto. Any
judge, or priest, who is aware that such an offence has been committed,
and neglects to punish it, shall be compelled to pay five pounds of
gold to the royal treasury; and, in case he should not be able or
willing to inflict such punishment, he shall bring the matter before
the king, in order that he may impose the penalty which is not in the
power of the magistrate or priest to inflict.
=FLAVIUS CHINTASVINTUS, KING.=
=III. Concerning Men and Women who Illegally Assume the Tonsure and
Dress of Religious Orders.=
We should eradicate the reproach of apostasy, in order that we may
enjoy the favor of God. For if we think it is an evidence of piety to
punish sins of less importance, to a much greater extent should we
visit with severe censure any crime committed against the Divine Power.
Therefore, we decree by this law, which shall remain perpetually in
force hereafter; that whoever adopts the dress of a religious order,
and assumes the honorable mark of the tonsure, either for the purpose
of performing penance, or through the pious wishes of parents, and
without any suspicion of fraud; or through their own will and devotion
to the Church; and afterwards, apostatizing, resumes intercourse with
the laity; shall, at the instance of any one, be brought again by force
under the control of the religious order to which they belong; and,
branded with infamy, shall be forever confined in monasteries, and
subjected to the severest penance. In cases of this kind, indulgence
shall only be shown to those who have been influenced by the deceit
of others, or such as have returned to the order of their own accord;
provided that among such persons a man has not taken another wife,
or a woman another husband. And those also shall be exempt from the
operation of this law, who assumed their vows when they neither
knew what they were doing, nor remembered what they had done. The
property of persons practising such deception shall belong to their
sons and their relatives, as follows: if the man is married and has
children, and should have received any gift from his wife, it shall
be transferred to her, and, after her death, shall descend to their
children. But if she should be dead, or they should have no children,
the lawful heirs of the offender shall have the property. But whatever,
at any time, the husband received through his wife, shall belong to her
nearest heirs.
This law shall also apply to women; for instance, where any virgin
or widow, as a penitent lays aside the clothing of the laity, and
afterwards resumes it; or marries; she shall undergo the same penalty
and loss of property as has been decreed concerning men, to wit:
the children and heirs of such a woman shall have her property.
The relatives of a husband, however, shall be entitled to any gift
previously presented by him to his wife. And, since women are more
frequently involved in the fraud of apostasy, we hereby decree that
whatever should be given by a man to his betrothed, or to his wife,
before or after the nuptials, by way of dowry, shall belong, not to the
heirs of the wife, but to the heirs of him who gave the dowry. Persons
guilty of such offences shall not have the right to accuse any one,
or to testify, or to transact any business whatever in court; because
those cannot be trusted in secular matters, who have been proved guilty
of sacrilege in affairs relating to our Holy Religion.
=FLAVIUS EGICA, KING.=
=IV. Concerning the Restraint of Fraud Peculiar to Widows.=
Certain widows are accustomed to shrewdly mingle fraud with devotion,
and, by the union of religious and secular garments, give themselves
an opportunity for transgression at their will. Thus, during the time
of their mourning, they put on a religious dress; and, afterwards, for
purposes of deception, put on other garments under the religious habit;
and for this reason, to those who see them, appear other than what
they are. Wherefore, that an end may be put to fraud of this kind, we
decree, by this law, that hereafter, when any widow wishes to excuse
herself for practising this deception, that within she wears one kind
of dress, and outside another; that portion which is visible, and
which she has assumed for purposes of duplicity, shall be considered
as designating her as a member of a religious order; and thus, not
what she has adopted for the commission of sin, but what the eyes of
every one perceive, is to be accepted as the sign of her religious
profession. Any widow who, hereafter, attempts to excuse herself in
this way, shall not only be subject to the penalties of the law, but
shall also undergo the punishment prescribed by the canons of the
Church, and shall not escape the justice of the king.
=FLAVIUS CHINTASVINTUS, KING.=
=V. Concerning Pederasty.=
That crime must not be unpunished which, in the violation of morality,
has always been considered most execrable; we therefore decree, in
cases of pederasty, where their guilt has been proved after proper
investigation by the judge, that both parties shall be emasculated
without delay, and be delivered up to the bishop of the diocese where
the deed was committed, to be placed in solitary confinement in a
prison; so that, against their will, they may expiate the crime which
they are convicted of having voluntarily perpetrated.
If, however, any one should have been forced to commit this horrible
offence, and is proved to have done so unwillingly, he shall then
not be liable to punishment, if the person who discovered the crime
should be present as a witness; but he who engaged in it voluntarily
shall undergo the full penalty. The children, or legitimate heirs of
married men who have been found guilty of this crime, shall have their
property; and it shall be lawful for their wives, having received back
their dowries, and retaining all their possessions, to afterwards marry
whomsoever they will.
=FLAVIUS EGICA, KING.=
=VI. Concerning Sodomy, and the Manner in which the Law should be
Enforced.=
The doctrine of the orthodox faith requires us to place our censure
upon vicious practices, and to restrain those who are addicted to
carnal offences. For we counsel well for the benefit of our people and
our country, when we take measures to utterly extirpate the crimes of
wicked men, and put an end to the evil deeds of vice. For this reason
we shall attempt to abolish the horrible crime of sodomy, which is
as contrary to Divine precept as it is to chastity. And although the
authority of the Holy Scriptures, and the censure of earthly laws,
alike, prohibit offences of this kind, it is nevertheless necessary to
condemn them by a new decree; lest if timely correction be deferred,
still greater vices may arise. Therefore, we establish by this law,
that if any man whosoever, of any age, or race, whether he belongs
to the clergy, or to the laity, should be convicted, by competent
evidence, of the commission of the crime of sodomy, he shall, by order
of the king, or of any judge, not only suffer emasculation, but also
the penalty prescribed by ecclesiastical decree for such offences, and
promulgated in the third year of our reign.
=FLAVIUS CHINTASVINTUS, KING.=
=VII. Concerning Adultery committed with the Concubine of a Father, or a
Brother.=
It was decreed by a former law, what should be done in cases where
incest was committed by persons related by blood. And because it is
not of less importance that the bed of the father or brother be not
polluted, we command, in addition, that no blood relative of theirs
shall ever commit adultery with either the concubine of his father or
his brother, nor with any one whom he knew his father or his brother
had ever sustained intimate relations with, whether she be a freewoman
or a slave; nor shall the father commit such adultery with the
concubine of his son. And if any one should knowingly commit such an
offence, his heirs, should he have no legitimate children, shall obtain
his property; and he himself shall be subjected to penance, and shall
undergo the punishment of perpetual exile.
TITLE VI.--CONCERNING DIVORCE, AND THE SEPARATION OF PERSONS
WHO HAVE BEEN BETROTHED.
=I.= _Where a Woman, justly or unjustly, is Separated from her
Husband._
=II.= _There shall be No Divorce between Married Persons._
=III.= _There shall be No Separation between Persons who are
Betrothed._
=I. Where a Woman, justly or unjustly, is Separated from her Husband.=
No one can legally marry a freewoman who has been repudiated by her
husband, unless he knows that they have been divorced, either by
written evidence, or in the presence of witnesses. And if any one
should act otherwise, as soon as the governor of the city, or his
deputy, or the judge of the district, shall become aware of the fact,
where the parties are noble, and the judge is unable to imprison or
separate them; he must straightway bring the affair to our attention,
that they may receive the punishment which they deserve. But if they
are persons of inferior rank, the judge shall immediately cause them
to be separated. And the woman who, without the consent of her former
husband, has married again, as well as the man who ventured to take her
as a wife, shall be delivered up absolutely to her former husband, to
be dealt with according to his pleasure. If, however, the case between
the former husband and his wife has not yet been decided; or if her
former husband has married another woman; or, indeed, if he has left
his wife unjustly; he shall lose the dowry which he gave her, and it
shall absolutely belong to her, nor shall he be entitled to receive any
of her property. If he should have sold, or fraudulently disposed of,
any of the property of his wife, the judge shall compel him to make
restitution. Where the woman, through fear of her husband, or deceived
by any of his representations, should have made any written agreement
concerning her property for his benefit, her agreement shall be null
and void, and all the property which it disposed of shall be restored
to her.
=FLAVIUS CHINTASVINTUS, KING.=
=II. There shall be No Divorce between Married Persons.=
If the violation of the wife of another is a crime, how much more
is she to be condemned who voluntarily commits this sin. For the
reason that there are many reckless men who, either through ambition
or desire, or induced by some fraud, and despising their own wives,
seek those of others, we therefore decree by this law, which is to
be perpetually observed; that no man, except for the manifest cause
of fornication, shall at any time, leave his wife, nor shall he
divorce himself from her, either in the presence of a witness, or by
any instrument in writing, or under any pretext whatever. Where her
husband is able to prove her guilty of adultery, the crime having
been established by sufficient evidence, she shall be given up to him
by the judge to be disposed of as he pleases; in accordance with the
provisions of a former law. If, however, she should manifest a desire
to enter a religious order, the priest shall ascertain the wishes
of both of them, so that, afterwards, neither will be able to offer
any excuse for their conduct, in case either should marry again. But
if, under any other circumstances, a man, rejecting his wife, should
fraudulently obtain from her a document in writing, relating to a
separation, such document shall have no validity whatever, and the
wife shall be entitled to recover the sum she received as a dowry;
and if the unprincipled husband should have any property, it shall be
given to their children. But if there should be no children by this
marriage, or by a former one of the husband, the wife shall receive
his entire property, in addition to her dowry, as aforesaid; and if
she should be dead, her sons shall have the right to bring the matter
before the court; so that, the crime being proved, the man may undergo
the sentence of the law. All the children either by this marriage or by
a preceding one of the husband, shall, as we have said, share equally
in the property. But if the parties should have no children; and there
should be none living of the first marriage of the husband; and it
should appear that the woman has children by a previous marriage of
her own; it shall be lawful for the latter to share in their mother’s
rights in this property; and, on their application, under the present
law, they may obtain the entire possessions of the man who has been
condemned. Where there are no children of the aforesaid persons,
husband and wife, her nearest relatives shall be entitled to the
inheritance of her property, providing they should have instituted
proceedings leading to the conviction of the husband. Where a husband,
for the sake of divorce, or for security to himself, extorts any
instrument in writing from his wife, or, without doing this, having
abandoned his wife, should marry another; he shall receive two hundred
lashes in public, and shall be scalped, as a mark of degradation; or
he may be condemned to perpetual exile, or be given as a slave to any
one whom the king may select. Any woman who, knowing at the time, or
having discovered subsequently, that her husband has another wife
living, shall make no objection to this; shall, at once, be given up
to the former wife of her husband; so that, with the exception of
depriving her of life, she may have the privilege of disposing of
her as she pleases. And if, even after the death of the first wife,
this crime should be proved by her children, or, if there should be
no children, by such heirs as have the right to prosecute; the guilty
woman shall be given into their power, to be disposed of in the same
manner as the injured wife would have had a right to dispose of her,
the infliction of death alone being excepted. And, for the reason that
women are accustomed very frequently to cause scandal by leaving their
own husbands, on account of their attachment to kings and judges;
therefore, we decree that if any woman either by the aid of the
king, or through inducements held out to her by any one else, should
separate from her husband, or consent to marry another man; she shall
be surrendered, with all her property, into the hands of her lawful
husband, and shall be liable to the same penalty imposed upon the
husband under similar circumstances, as hereinbefore stated, and her
property shall be disposed of in a similar manner.
Likewise, this same rule shall apply to men, where one shall presume
to marry the wife or the betrothed of another; the following cases
being excepted: where the husband of the woman should have been found
guilty of pederasty; or should have surrendered his wife to another
man against her will; or should have permitted this to be done; and,
for the reason that such villainy ought always to be condemned by
Christians, that man shall never be permitted to marry another woman,
if he should desire to do so. Where the spurious marriage has actually
taken place, the husband must be delivered up as a slave to some one,
according to due process of law; and if the woman should be unwilling
to longer live with her legal husband, she must afterwards live a
chaste life; nor shall she be permitted to marry again until her
aforesaid husband is dead.
=FLAVIUS RECESVINTUS, KING.=
=III. There shall be No Separation between Persons who are Betrothed.=
We have elsewhere prescribed the same punishment for transgressions
committed by persons of equal rank. Therefore, the provisions of a
former law relating to the persons as well as property, of men and
women who have been betrothed, shall be, and is, hereby confirmed;
and if any person after the dowry has been given, or the marriage
contract has been legally drawn up, in violation of his, or her,
solemn obligations, should marry any one else, without the consent
of all parties; he, or she, shall be liable to all the penalties of
a former law; and if it should appear that on account of sickness,
rather than through fraud, such person is desirous of entering some
religious order, he or she shall be permitted to do so, subject to the
regulations of the above-mentioned former law.