CONCERNING BUSINESS TRANSACTIONS.
TITLE I. ECCLESIASTICAL AFFAIRS.
=I.= _Concerning Donations to the Church._
=II.= _Concerning the Preservation and Restoration of Property
Belonging to the Church._
=III.= _Concerning Sales and Gifts of Church Property._
=IV.= _Concerning Church Property in Charge of Those Devoted to
the Service of the Church._
=V.= _Concerning the Repairs of Churches, and Divers Other
Matters._
=VI.= _Concerning the Arbitrary Conduct of Bishops._
=VII.= _Emancipated Slaves of the Church, who are still Bound to
Render it Service, shall not be Permitted to Marry
Persons who are Freeborn._
=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=
=I. Concerning Donations to the Church.=
If we are compelled to do justice to the merits of those who serve us,
how much greater reason is there that we should care for the property
set apart for the redemption of our souls and the worship of God, and
preserve it intact by the authority of the law. Wherefore, we decree
that all property which has been given, either by kings, or by any
other believers whomsoever, to houses devoted to Divine worship, shall
eternally and irrevocably belong to said churches.[23]
=II. Concerning the Preservation and Restoration of Property Belonging
to the Church.=
We are of the opinion that it vitally concerns the interests of our
kingdom, to provide by our laws that the temporal rights of the church
shall be protected. Therefore, we hereby decree, that, as soon as a
bishop has been consecrated, he shall straightway proceed to make
an inventory of the property of his church in the presence of five
freeborn witnesses; and to this inventory the said witnesses shall
affix their signatures. After the death of a bishop, and as soon as
his successor has been consecrated, the latter shall require a second
inventory of the church property to be made; and if it should appear
that said property had, in any way, been diminished, then the heirs of
said bishop, or those to whom his estate was bequeathed by will, shall
make up the deficiency. If a bishop should sell any of the property of
the church, his successor shall lay claim to that property, along with
all its rents and profits, and restore it to the church, after having
returned the price paid for it to the purchaser, and no reproach shall
attach to such proceedings. And we hereby decree that this law shall be
observed in every respect by priests and deacons, as well as by bishops.
=ANCIENT LAW.=
=III. Concerning Sales and Gifts of Church Property.=
If a priest or bishop, or any other member of the clergy, should sell
or give away any of the property belonging to the church, without the
consent of the other ecclesiastics, we declare that such a transaction
shall not be valid, unless said sale or donation should have been made
in accordance with the holy canons.
=IV. Concerning Church Property in Charge of Those Devoted to the
Service of the Church.=
Where heirs of a bishop or of other ecclesiastics, who have placed
their sons in the service of the church, obtain lands or any other
property through the generosity of the clergy, and then return to
the laity, or abandon the service of the church whose lands or other
property they hold, they shall at once forfeit all such possessions.
And this provision must also be observed by all the clergy holding
ecclesiastical property, even though they have held it for a long time;
for the reason that the canons have so decreed. The widows of priests
or of other ecclesiastics, who have devoted their sons to the service
of the church, solely through gratitute to the latter, shall not be
deprived of any property possessed by the fathers, which was originally
derived from the church.[24]
=FLAVIUS EGICA, KING.=
=V. Concerning the Repairs of Churches, and Divers Other Matters.=
The different regulations established in former times by the Holy
Fathers concerning ecclesiastical affairs shall be still observed,
so far as they are consistent with the interests of the church. As
antiquity, which has been the cause of the destruction of many lofty
buildings, has not spared the houses of God; it is eminently proper
that such of the latter as are in danger of destruction should be
repaired. As a result of this necessity it has been made a source of
reproach to our organization, that the greed of certain priests has
caused their parishes to be oppressed by repeated forced contributions;
and that many churches have been impoverished under pretence of
repairs. Consequently it has been decreed and confirmed by our Council
that the third part of the ecclesiastical revenues, which the ancient
canons have set apart for that purpose, shall be used for the repairs
of churches, whenever required. And when churches are to be repaired,
it is better to learn this fact from the worshippers themselves, and
the repairs should then be made under the personal care and direction
of the bishop. For, although according to the provisions of the ancient
canons, every bishop has the right to reserve for himself the third
part of the revenues of his diocese, if he should desire to do so; so,
also, he had no right to exact from the parish churches, by means of
arbitrary proceedings, the remaining two-thirds of the said revenues;
nor was he at liberty to give away any of such property to anyone by
way of compensation for services performed. We deem it necessary to
decree that a single priest shall never have charge of more than one
church at a time; nor hold any other office; nor by ecclesiastical
authority act as guardian; nor, in any way, have charge of the property
of wards; and any congregation which possesses ten pieces of property
is entitled to a priest, but such as have less than ten shall be
united with other churches. And if any bishop should disregard this
our regulation, and should hereafter venture to disobey it, he shall
expiate his offence by two months’ excommunication.[25]
=THE GLORIOUS FLAVIUS WAMBA, KING.=
=VI. Concerning the Arbitrary Conduct of Bishops.=
God, the just Judge, who loves right eternally, does not wish
that justice should be subject to time, but rather that time
should be governed by the principles of equity. God himself is the
personification of justice, and to him should be given whatever is
bestowed by the faithful upon the church through motives of devotion;
for God, as mediator, accepts the vows of every true and sincere
worshipper. And vows should never be renounced which are known to
have proceeded from, and been confirmed by, a sense of justice; and,
therefore, he commits a fraud upon God who unjustly takes from him
his property. He also violates the rules of justice who corruptly
interferes with the vows of others. While, as has been said, God is
justice, what madness is it for anyone to remove from God’s possession
any property under the claim of prescription, alleging that he has held
it for thirty years? For many rash bishops, prompted by avarice, are in
the habit of bestowing upon their cathedral churches, or upon various
individuals, or paying out as wages for labor performed, the donations
that have been given to their dioceses by the faithful, and, in this
way, they not only break the vows of the donors, but are also guilty
of sacrilege, in that they thereby defraud the Church of God; for it
has been long established that to defraud the church is sacrilege. And
when they are urged to make restitution, they decline to do so, because
their predecessors acted in the same manner; or refuse to make amends,
because they claim to have held the property in question for thirty
years. Thus they attempt to maintain their cupidity and rapacity by
right of prescription; and instead of at once making reparation for
their fault, they attempt to confirm and legalize it by the operation
of time. He must be considered a person of great impiety who asserts
such a claim, and acknowledges that, for thirty years, he has done
injury to God, and refuses to make amends for the injury after that
period has elapsed.
Therefore, since these most iniquitous abuses are defended under a
pretence of justice, and as we are not concerned with the past, but
with the future, we shall now proceed to make regulations applicable
to the time of our own reign. For the reason that, hereafter, all
temptation to avarice may be removed, we hereby decree that it shall
not be lawful for a bishop to appropriate any property belonging to
the churches of his diocese; or, if any has already been appropriated,
to allege that he is entitled to the same on account of his possession
for thirty years; but, whenever the facts have been established, he
must make restitution at once. As, in order that a long period may pass
without a claim being made, the nobility sometimes are guilty of such
oppression of ministers of the church that the latter do not dare to
assert their rights against such eminent persons, concerning property
which has been appropriated by the latter, and lest the voice of the
despoiled church remain forever silent, we decree that hereafter, it
shall be lawful, where this offence has been admitted by the parties or
detected by anyone, in any place, that the claim shall be instituted
with all possible speed in the following manner, to wit: that the heirs
of the founders of the church shall act as prosecutors, if they are
present; but, if they should not be present, and even if they should
be, but are unwilling to act, then the governor of the province, or the
governor of the city, or the deputy of either of them, or anyone else
who has legal cognizance of the matter, shall have the right to act as
accuser and prosecutor.
Where any bishops who, in past times, have committed the offences
hereinbefore mentioned, and have been in adverse possession of church
property for thirty years, and declare that they hold said property
by the right of prescription; such persons we leave to the justice of
God, for we decline to pass judgment upon them. But whoever, up to
the time when this law is promulgated, shall not have had possession
of such property for the space of thirty years, shall be compelled
to restore it intact to the church, but no penalty shall be required
of them. And where any bishop, who from the day of the adoption of
this law, should appropriate anything given by the faithful to the
churches of God, and should use such property for his own benefit,
or for that of his cathedral church, or should bestow any of it upon
any person whomsoever, his act shall not be confirmed by any lapse of
time; and, according to the above-mentioned decree, whenever he shall
have been convicted of the commission of such acts by anybody, he
shall be compelled to restore the property which he took, along with
lawful amends out of his own possessions, to that church which has been
defrauded. If he should not have the means to make full restitution out
of his own property, on account of his abuse of authority, he shall
undergo the penalty of excommunication prescribed by the canon of
the eleventh Council of Toledo; that is to say, if the property that
was appropriated was worth ten _solidi_, he shall purge himself
of guilt by twenty days of penance. If the value of the property
appropriated should be greater or less, the proportion of days to be
passed in penance shall always be doubled; and he also shall undergo
a similar penalty who retains possession of any property taken from a
diocesan church, which has been appropriated by his predecessor.
Any judge who neglects to carry out the provisions of this law, or
delays the proceedings without just cause, or does not notify the king
that he may take cognizance of the affair, shall be liable to the same
penalty as the bishop who committed the offence, and shall pay said
penalty out of his own property to the church whose cause he neglected
to decide. This law not only applies to property which has been
bestowed upon minor and diocesan churches, but to that in which all
assemblies included under the general name of churches are concerned;
that is to say, monasteries and convents of men and women.
We also think it proper to add the following provisions to this law:
that all bishops who ordain priests and rectors in the churches of
their dioceses shall give them instructions concerning the rights of
the churches to which they are ordained; that is to say, if any bishop
should have in his keeping any document defining the rights of any
church in his diocese, he shall show it to the rector of that church,
so that the latter may be familiar with the rights of said church, as
well as with the documents conferring the same, and not be ordained
in ignorance of them, and, what is worse, through the wickedness and
duplicity of the bishop, the will of the benefactor of the church be
not publicly known. It is also decreed that priests and rectors shall
not only have the opportunity to inspect such documents, but shall also
be entitled to copies of the same, confirmed under the hand of the
bishop, to enable them to direct the affairs of the church committed
to their care without any uncertainty, and to enforce the rights to
which it is justly entitled. Given and confirmed in the name of God, at
Toledo, on the tenth day of the Kalends of January, in the fourth year
of our reign.
=THE GLORIOUS FLAVIUS WAMBA, KING.=
=VII. Emancipated Slaves of the Church, who are still Bound to Render it
Service, shall not be Permitted to Marry Persons who are Freeborn.=
Great confusion of lineage results where inequality of rank causes
degradation of offspring; for what is derived from the root is
inevitably found in the fruit of anything. For how indeed can he
bear a title of honor, whose parents are bound by the obligation of
servitude? We refer to this matter because many of the slaves of the
church are set free, but nevertheless do not enjoy absolute liberty;
for the reason that they are still bound to serve the church from which
they deduce their origin; and who, contrary to natural laws, contract
marriages with freeborn women, and seek to have freeborn children
who, in fact, are not so; and thus what ought to enure to the public
good, becomes in fact a burden to it, both in respect to person and
property; as whatever children are born from such an infamous marriage,
following the position inferior in rank, from birth become the property
of the church, along with all their possessions. Wherefore, that such
insolent conduct may be put an end to hereafter, we decree by this
law, that if a slave of any church, while it is still entitled to his
services, should be freed, and accept his liberty from the priest,
he shall not be permitted to marry a freeborn woman. Those, however,
who have been freed in the regular manner, and are absolutely exempt
from all service to the church by the Canon Law, shall have the right
to marry freeborn women, and shall be entitled to claim all honor and
respectability for their offspring.
But if any of those set free, who are still under the dominion of the
church, should venture hereafter to marry any freewoman; as soon as the
judge shall be apprised of the fact, both parties shall be scourged
three times, as has been provided in a former law concerning freemen
and slaves, and the judge shall cause them to be immediately separated;
and where they are unwilling to be separated, each shall remain in the
condition in which he or she was previously, and any children born of
them shall become slaves to the king.
Whatever property has been bestowed by any free person upon any
freedman, together with such property as a child of either sex sprung
from them can acquire, possess, or waste, shall belong entirely to
the heirs of said free person at his death; and, if such heirs should
be lacking, it shall become the lawful possession of the king, to be
disposed of absolutely at his pleasure. This law shall not only apply
to men, but also to women; that is to say, where either a freedman or a
freedwoman owing services to the church should be so bold as to marry a
freeborn person.
The following exception shall be observed in the execution of this
law, to wit: whoever shall be born of such parents within thirty years
of its promulgation, shall not follow the condition of that parent
who is bound to give service to the church, but shall be free, along
with all the property inherited from his or her parents, both noble
and plebeian. Given and confirmed at Toledo, on the twelfth Kalends of
January and the fourth year of our reign.
TITLE II. CONCERNING DONATIONS IN GENERAL.
=I.= _A Donation Extorted by Violence is Void._
=II.= _Concerning Royal Donations._
=III.= _Concerning Property Given to a Husband or a Wife by the
King._
=IV.= _Concerning Property, in Addition to the Dowry, Given to a
Wife by her Husband._
=V.= _Concerning Property Given to a Husband by his Wife; and
Where a Wife has been Convicted of Adultery._
=VI.= _Concerning Property Donated Verbally, or Conveyed by
Instruments in Writing._
=VII.= _Concerning Gifts Bestowed upon One Another by Husband and
Wife._
=ANCIENT LAW.=
=I. A Donation Extorted by Violence is Void.=
A gift extorted by force and fear has no validity whatever.
=II. Concerning Royal Donations.=
Donations conferred by royalty upon any person whomsoever, shall belong
absolutely to him to whom they are given; so that he who is thus
honored by the royal munificence shall have the power to dispose of any
property derived from such a source in any way that he chooses. If he
who received such gifts should die intestate, the donations aforesaid
shall belong to the legal heirs in regular succession, according to
law, and the royal favor can in no way be infringed upon; because it
is not fitting that the will of the prince should be interfered with,
where the recipient of royal bounty has not been guilty of crime.
=III. Concerning Property Given to a Husband or a Wife by the King.=
We especially decree that a wife shall be entitled to no part of any
property presented by the king to her husband, unless the latter should
bestow a portion of it upon her by way of dowry. And, likewise, should
the gift be made to a wife, her husband shall have no right to any of
it; nor can he lay claim to it after her death, unless his wife should
give or bequeath it to him.
=ANCIENT LAW.=
=IV. Concerning Property, in Addition to the Dowry, given to a Wife by
her Husband.=
If a wife should, at any time, in addition to her dowry, accept from
her husband property acquired by him as a gift, or by profligate
conduct, or the proceeds of claims collected by him, she shall have
the absolute disposal of said property until the day of her death,
according to the terms of the will of her husband, even though there be
children born of that marriage. She shall have the power to expend or
use the income of such property, just as the testator has designated by
will; and, during her lifetime, she shall enjoy unhampered possession
of all such property, the income of which shall be used for her
expenses. But if the testator should not make any special disposition
of said income, his children shall have the right to said property
after his death; and, upon no occasion, shall his wife be allowed to
alienate any part of it, excepting the income. Where there are no
children by said marriage, the wife shall have full control of all
property given her by her husband, according to the terms of his will.
But if she should die intestate, the said property shall revert to
her husband if he is living, and if he should not be living, it shall
belong to his heirs. And we decree that the same rule shall apply to
husbands who, at any time, have received gifts of property from their
wives.
=ANCIENT LAW.=
=V. Concerning Property given to a Husband by his Wife; and Where a Wife
has been Convicted of Adultery.=
If a husband should give any property to his wife, and she, after his
death, should remain chaste, or should marry another husband, she
shall have the power of disposing of the property given her by her
first husband according to the terms of his will, if she should have
no children. If she should die intestate and without children, the
property shall revert to her husband if he is living, and if not, it
shall belong to his heirs. But if she should have been convicted of
adultery, or other meretricious conduct, she shall lose any property
which she obtained from her husband, and it shall belong to his heirs,
or to his legitimate children.
=FLAVIUS CHINTASVINTUS, KING.=
=VI. Concerning Property Donated Verbally, or Conveyed by Instruments in
Writing.=
Any property given away in the presence of witnesses can under no
circumstances be reclaimed by the donor. And even if it should happen
that what is given is situated elsewhere, the donation cannot, for
that reason, be revoked, provided it is made in writing; because it
is evident that the gift is absolute, when the instrument conveying
it is in the name of, and for the benefit of him who receives it. It,
however, must be noted, that if the donor should say that he neither
delivered such an instrument nor directed it to be delivered, but that
it was taken from him; then the party to whom the property was given
may prove by witnesses that it was transferred to him, or directed to
be so transferred by the donor, or placed under his control by the will
of the testator; and, when he shall have produced such testimony, the
gift shall be deemed valid. Where he neglects to introduce competent
testimony, he who executed the instrument shall make oath that he
neither delivered it, nor directed it to be delivered, nor that he
voluntarily executed it; and the instrument shall then be returned to
him by whom it was claimed, and shall remain invalid, if the latter
so desires. But it is proper to add, that if anyone should execute
an instrument disposing of any property for the benefit of any one
whomsoever, and, in his lifetime, should not deliver it to him for
whose benefit it was made, and it should be found after the death of
the former; he for whose benefit the donor has made disposition of said
property, shall have the right to claim it, along with all the property
therein described; for it is evidently just that a document which the
donor, while living, preserved, and which never appeared to be altered
in any way, should have full force in law. If, however, the donor while
living did not relinquish possession of either the instrument or the
property, but kept them, and made other dispositions in his will, the
latter shall be valid; because a will always takes precedence in law
of documents previously executed, but not delivered. If he to whom the
property was given should die before receiving it it shall belong to
the donor or to his heirs. And where the gift should be made under this
condition, to wit, that the donor should have possession of it during
his lifetime, and that, after his death, it should go to him for whom
he intended it, he shall have the privilege of changing his mind when
he wishes, even though he should have suffered no injury; because the
case is similar to that of the execution of a will. But if he who is
deceived by a fraudulent gift, and with the expectation of profiting by
an empty promise, shall expend anything for the benefit of the donor,
he shall be entitled to receive from the donor himself, or from his
heirs, compensation in damages for any loss he may have sustained on
that account. And if anyone should choose to give away any property
he has received, either by ordinary gift or by the authority of any
written document, the party to whom he gives it shall have the same
right to it as the original donor. If he who received the gift should
die during the life of the donor, he shall have the right to dispose of
said gift at his pleasure; and should he die intestate, the gift shall
not revert to the donor, but shall descend to the heirs of him who
received it.
=VII. Concerning Gifts Bestowed upon One Another by Husband and Wife.=
If a husband should give any property to his wife, he must describe
it in a written instrument and affix his signature or seal thereto.
And, in order that his gift may be valid, it is necessary that two or
three freeborn witnesses should attest the document. This law shall
also apply to a wife who wishes to confer any gift upon her husband,
provided the gift was not extorted by the husband through violence; to
the end that the provisions of the law relating to the disposition of
property may be, in every respect, preserved.
TITLE III. CONCERNING THE GIFTS OF PATRONS.
=I.= _Where Anyone who has been Placed under the Control of
Another, or of the Son of that Person, Deserts either
his Patron, or the Children of the Latter._
=II.= _Concerning Arms given to Bailiffs who have been
Appointed for the Defence of Anyone, and the Acquisitions
of said Bailiffs._
=III.= _Concerning Property Acquired through the Appointment of a
Patron, or which has been Donated by Him._
=IV.= _Concerning Property Accepted and Acquired through the
Office of Patron._
=I. Where Anyone who has been Placed under the Control of Another, or of
the Son of that Person, Deserts either his Patron, or the Children of
the Latter.=
Where anyone, having a client under his protection, gives him arms
or anything else, such gifts shall be the absolute property of the
client. If the latter should desire to select another patron, he shall
have full authority to do so, for one cannot restrain a freeborn man
because he happens to be under his control; but, in such a case,
everything to which the patron is entitled shall be given to him. The
same rule shall apply to the children of a patron as well as to those
of him who was under his protection; and the former shall have a right
to any donations that have been given to the latter. Where a client
abandons his patron without the latter’s consent, he shall be required
to restore to him any property which the patron may have given to the
parents of the client. And if anyone who has been placed under the
protection of another, should acquire any property while he is under
such control, half of said property shall belong to the patron or his
children, and the other half shall remain in the possession of him
who earned it. Where a client leaves a daughter and no sons, in such
case we decree, that the daughter shall remain under the protection of
the patron. If the patron should provide a husband for her, of equal
rank, and anything should be given to her father or her mother, it
shall belong to her by right of inheritance. But if, contrary to the
will of her patron, she should select for herself a husband of inferior
rank, whatever has been given to her father by the patron or by his
relatives, shall be restored to said patron or to his heirs.[26]
=ANCIENT LAW.=
=II. Concerning Arms given to Bailiffs who have been Appointed for the
Defence of Anyone, and the Acquisitions of said Bailiffs.=
Arms given to bailiffs for purposes of defence, can under no
circumstances be reclaimed by the donor, but whatever property a
bailiff acquired, while in office, shall remain in the possession of
his patron.[27]
=III. Concerning Property Acquired through the Appointment of a Patron,
or which has been Donated by Him.=
As has been hereinbefore stated, if anyone, while under the protection
of another, should acquire any property while living with him, and
should prove unfaithful to his patron, or wish to abandon him; the
patron shall be entitled to half the property so acquired, and the
other half shall belong to him by whose exertions it was obtained, and
whatever the patron has given him he shall be entitled to keep.
=ANCIENT LAW.=
=IV. Concerning Property Accepted and Acquired through the Office of
Patron.=
As has been stated elsewhere, if anyone should abandon his patron and
claim the protection of another, and he to whom he applies should give
him land, the patron whom he has deserted is entitled to any land, and
to whatever else he himself may have given him.
TITLE IV. CONCERNING EXCHANGES AND SALES.
=I.= _What Constitutes a Valid Exchange, and what a Valid
Purchase._
=II.= _If the Vendor is not a Person of Good Character, he
must give a Surety._
=III.= _Any Sale made under Compulsion shall be Void._
=IV.= _In Case the Price should not be Paid, after Earnest
Money has been Given._
=V.= _Where only Part of the Price is Paid._
=VI.= _Where Fraud is Committed in Stating the Price of
whatever is Sold._
=VII.= _Where Anyone says that he Sold his Property for Less
than it was Worth._
=VIII.= _Concerning Those who Sell, or Give Away, the Property
of Others._
=IX.= _It shall not be Lawful to Sell, or Give Away, Property
whose Ownership is in Dispute._
=X.= _Where a Freeman Allows Himself to be Sold._
=XI.= _Concerning Free Men and Free Women Sold by Slaves or
Freemen._
=XII.= _It shall be Illegal for Parents to Sell their Children,
or, by any Contract whatsoever, to Place Them in the
Power of Others._
=XIII.= _Concerning Sales by Slaves._
=XIV.= _Where a Slave, who has been Sold, Accuses his Former
Master of Crime._
=XV.= _A Master may Claim the Property of a Slave whom he has
Sold._
=XVI.= _Whether a Slave may be Redeemed with his own Private
Property._
=XVII.= _No One, against his Will, shall be Compelled to Sell
his Slaves._
=XVIII.= _Where a Slave, on Account of a Crime he has Committed,
is Transferred to the Possession of Another._
=XIX.= _Concerning Property Belonging to Private Persons, and
to the Court, which may not be Alienated._
=XX.= _Where Anyone Sells, or Gives Away Property, whose
Possession should first have been Transferred by
Judicial Decree._
=XXI.= _Of Slaves Captured and Sold by the Enemy._
=XXII.= _For what Price this Book shall be Bought._
=ANCIENT LAW.=
=I. What Constitutes a Valid Exchange, and what a Valid Purchase.=
An exchange, if not made under fear or force, shall have the same
validity as a purchase.
=ANCIENT LAW.=
=II. If the Vendor is not a Person of Good Character, he must give a
Surety.=
If the vendor is not a person of highly respectable character, he shall
give a freeborn bondsman as surety to the purchaser, and the sale shall
then be valid.
=ANCIENT LAW.=
=III. Any Sale made under Compulsion shall be Void.=
Any sale evidenced by an instrument in writing shall be perfectly
valid. If there should be no written evidence of it, and it should
be proved that the price was paid in the presence of witnesses, the
purchase shall be legal. A sale shall be void in case it was extorted
by violence or fear.
=ANCIENT LAW.=
=IV. In Case the Price should not be Paid, after Earnest Money has been
Given.=
He who receives earnest money for the sale of anything, can be forced
to fulfil his contract. But if the purchaser, either through sickness
or unavoidable necessity, cannot be present upon the designated day,
he may appoint any one he chooses to pay the price at the time agreed
upon. But where he himself is not present, or does not appoint any one
to act for him, he shall only be entitled to receive the earnest money
which he gave, and the contract shall be cancelled.
=ANCIENT LAW.=
=V. Where only Part of the Price is Paid.=
If only a part of the price is paid, and the balance should not be
forthcoming, the sale shall not be invalid on this account. But if
the purchaser should not pay the balance of the price at the time
appointed, he shall pay interest on what he owes; unless it should be
agreed upon by both parties that the property in question shall be
returned to the vendor.
=FLAVIUS RECESVINTUS, KING.=
=VI. Where Fraud is Committed in Stating the Price of whatever is Sold.=
If, in the sale of property, a smaller price is paid than was agreed
upon, and the purchaser should, fraudulently, and against the will of
the vendor, declare that he has paid a higher price than he should have
done, he shall be compelled to pay to the vendor double the amount of
which the latter has been defrauded.
=ANCIENT LAW.=
=VII. Where Anyone says that he Sold his Property for Less than it was
Worth.=
This rule must be observed in all sales where any property consisting
of lands, slaves, or any species of animals, is disposed of, to wit:
that no one shall attack the validity of the transaction by declaring
that he sold the property for less than it was worth.
=ANCIENT LAW.=
=VIII. Concerning Those who Sell, or Give Away, the Property of Others.=
Whenever a dispute arises concerning the ownership of property
which has been sold or given away: that is to say, if it should be
established that anyone has sold or given away what belonged to
another, no blame shall attach to the purchaser. But he who has been
so bold as to sell or give away the property of another, shall be
forced to pay double its value to the owner thereof, shall return the
price which he has received to the purchaser, and shall undergo the
penalty prescribed by the bill of sale. Whatever the purchaser, or he
who received the gift, shall have added to the value of the property
which was bought, shall be estimated by the judges of the district; and
full satisfaction of the same shall be made, either by the vendor or
the donor of said property, to him by whose efforts its value has been
increased. The same rule shall apply to every description of property,
including slaves and animals.
=ANCIENT LAW.=
=IX. It shall not be Lawful to Sell, or Give Away, Property whose
Ownership is in Dispute.=
It shall not be lawful to give, or sell, or in any way transfer
possession of, any property whose ownership is in dispute: that is to
say, which any one else claims, or of which he has a reasonable hope of
recovery.
=ANCIENT LAW.=
=X. Where a Freeman Allows Himself to be Sold.=
Any freeman who permits himself to be sold, and shares the price
with the vendor, and, afterwards, desiring to cheat the purchaser,
publishes the fact for the sake of reclaiming his liberty, shall not
be heard, but shall remain in slavery; for it is dishonorable that a
freeman should voluntarily subject himself to servitude. But if he who
sold himself, or permitted himself to be sold, should have sufficient
property to redeem himself; or, if his parents should choose to give
the price of his redemption to him who owns him; then the entire amount
for which he was sold shall be returned to the purchaser, and the
person who was the object of the sale shall regain his freedom.
=ANCIENT LAW.=
=XI. Concerning Free Men and Free Women Sold by Slaves or Freemen.=
If anyone should dare to sell or give away a freeborn person, the judge
shall at once cause the offender to be arrested. And in order that the
said freeborn person may be restored to his proper rank, the judge
shall require the vendor of such person to pay a hundred _solidi_
of gold; and if he should not have sufficient property to pay this sum,
he shall receive a hundred lashes in public, and shall be delivered
over as a slave to him whom he had the audacity to sell, or give away.
If a slave should treat a freeborn person in this manner, after being
arrested he shall receive two hundred lashes in public, by order of
the judge, and having been scalped he shall be condemned to perpetual
servitude. This rule shall apply also to donations and sales of
freeborn women.
=ANCIENT LAW.=
=XII. It shall be Illegal for Parents to Sell their Children, or, by any
Contract whatsoever, to Place Them in the Power of Others.=
It shall not be lawful for parents to sell, give away, or pledge their
children. And no one who purchases or receives a child under such
circumstances, shall have any legal right to it whatever, but, on the
other hand, he shall lose the price, or the amount advanced as a loan,
which he paid to the parents of said child.[28]
=FLAVIUS CHINTASVINTUS, KING.=
=XIII. Concerning Sales by Slaves.=
The property of another cannot be sold contrary to the will of him
who is entitled to legal ownership of the same. Therefore, for the
reason that an ancient law declared all sales by slaves invalid, which
were made at the expense of their masters, we have determined to
promulgate a more equitable decree, in order to bring the laws of the
country within the bounds of justice; for it is better to amend the
acts of those who have fallen into error, than to err in like manner.
Wherefore, if any one, hereafter, should knowingly receive from any
slave of either sex, who belongs to another person, a house, or land,
or a vineyard, or any personal property, upon any terms whatsoever,
the sale, gift, or pledge, made by such a person shall be invalid,
and the delivery of the property shall not be required. Where the
sale is attended with expense to the purchaser, the property shall be
returned intact to the master of the slave, and the purchaser shall
lose the price he paid for it; for it is but just that he should
sustain loss who attempted to appropriate the property of another for
his own advantage. But if the aforesaid slave should sell any animals,
or any personal property, or any ornaments of any kind, which belong
to himself, or which he had received from his master to be disposed
of, such transaction shall be forever valid; and if the master of any
servant who has made such a sale should wish to rescind the sale, and
should declare that the property which was sold did not belong to
the slave, but was his own, the sale shall not be rescinded, unless
he who proposes to do so shall establish, either by the testimony of
legitimate witnesses, or by his own oath, that the property which he
seeks to recover did not belong to the slave, but to himself, and
has been disposed of without his permission. This law shall apply
only to chattels of trifling value, for the authority of the master
is necessary in order to confirm a contract relating to the sale of
property of great value and importance.
=ANCIENT LAW.=
=XIV. Where a Slave, who has been Sold, Accuses his Former Master of
Crime.=
If anyone should sell a slave, and the latter should accuse his former
master of crime, he who sold him may recover said slave from the
purchaser by returning the price for which he was sold, in order that
he may avenge upon him the crime of which he himself was accused. And
we decree that the same law shall be observed concerning female slaves.
No servant of either sex, whether sold, given, or exchanged, shall be
tortured to obtain evidence against his or her former master, nor shall
he or she be believed if they should accuse their former master of
crime.
=XV. A Master may Claim the Property of a Slave whom he has Sold.=
If any one should sell a slave, and not know what property he
possessed, he shall have power to make full inquiry, and to claim as
his own, whatever property belonging to said slave that he can find.
=ANCIENT LAW.=
=XVI. Whether a Slave may be Redeemed with his own Private Property.=
If a slave should be ransomed with his own money, and his master should
be ignorant of his possession of the same, he shall not be entitled to
his freedom; because the ransom that he paid was not his own, but the
property of his master.
=ANCIENT LAW.=
=XVII. No One, against his Will, shall be Compelled to Sell his Slaves.=
Laws frequently arise from legal disputes in court, and when evidence
of fraud exists, it becomes necessary to promulgate new decrees to
restrain acts dictated by shrewdness and duplicity. Many slaves of both
sexes, influenced by the suggestions of others, are in the habit of
taking refuge in churches, and there complaining of the injustice and
oppression of their masters; in order that, through the intercession of
priests, and the aid of religion, they may compel their masters to sell
them. In this manner frequently an injury is inflicted upon the master;
as when a priest, or any one else, representing himself as a purchaser,
buys the slave, while in fact he is acting for another party; and,
by this collusion, it sometimes happens that the slave is sold to an
enemy without his master’s knowledge, and thus, some one, under such
circumstances, may obtain possession of the slave who could not have
purchased him openly. We declare that, henceforth, the following shall
be the law, viz: that no one, against his will, shall sell his slave;
but the priest or custodian of the church, as provided by other laws,
shall at once deliver the slave to his master, providing the latter
pardons him for the fault he has committed; for it is highly improper
that the slave should maintain his obstinacy and rebellion by taking
refuge in a place where the doctrines of restraint and punishment are
preached.
If any one should deceive a master in the manner aforesaid, he himself
shall forfeit a sum equal to the price which was paid by him while
acting as the agent of another; and, whether the master became aware
of the fraud at the time of the transaction, or afterwards, he shall
be entitled to recover the slave upon application to the court. He who
acted fraudulently as the agent of another in the sale, shall be forced
to give another slave of equal value to the master whom he deceived,
in order that the wickedness of such a dishonorable transaction may be
suitably punished.
=THE GLORIOUS FLAVIUS CHINTASVINTUS, KING.=
=XVIII. Where a Slave, on Account of a Crime He has Committed, is
Transferred to the Possession of Another.=
We must not omit to provide, by legal enactment, for the settlement
of questions frequently involved in dispute. For this reason, if a
slave who has been guilty of crime should be transferred, either by
gift, sale, or exchange, to another master, his former master shall
either cause him to be delivered up to justice to be punished for said
crime, or shall render full satisfaction to the party who has been
injured. In case he who bought said slave is unwilling to answer for
him, or to render satisfaction for his crime, he must return him to his
former master, on receipt of the price which he paid; and his former
master must answer to the person making the complaint, for the offence
committed by his slave while under his control.
=FLAVIUS CHINTASVINTUS, KING.=
=XIX. Concerning Property Belonging to Private Persons, and to the
Court, which may not be Alienated.=
If the care of private property must not be neglected, how much
more important is it to guard the interests of the public, whose
possessions should always be preserved, or increased. For this
reason, persons attached to the court, or private persons who are
under obligations to furnish horses to the king, or who exercise any
duties in connection with the royal treasury, shall have no right
to sell, give, or exchange, any property in their possession. But
if it should happen that any of them, either willingly, or impelled
by necessity, should transfer all of his property, either by sale,
donation, or exchange; both he who disposed of, and he who received
it, shall have an inventory of the same drawn up, in which all of said
property shall be specifically described; but he who has received
only half of the said property, or a certain portion of the same, in
slaves, lands, vineyards, and houses, shall be accountable for only
the price of the portion which has been thus disposed of. And if any
one purchasing property of any kind from such persons, should not,
as aforesaid, within a year, render an account of the transaction in
writing, showing the source from which said property was derived; as
soon as information of this shall come to the king, or the governor,
or the judge, the former possessor shall lose the price he received,
as well as the property which was disposed of; but the king shall have
the power to either restore said property to him who transferred it, or
to bestow it upon any one else, should he desire to do so. It shall,
however, be lawful for persons attached to the court, as well as for
private persons, to sell, give, or exchange, property among themselves,
provided he who receives said property shall not refuse to account for
it publicly; but no plebeian shall have the right to sell his land. And
if any one, after the adoption of this law, should purchase vineyards,
lands, houses, or slaves from men employed in the public service, he
shall inevitably lose the price paid for said property.
=ANCIENT LAW=
=XX. Where Anyone Sells, or Gives Away Property, whose Possession should
first have been Transferred by Judicial Decree.=
If anyone should sell or give to any person any property which is in
litigation, before the claim of his adversary to said property shall
have been judicially determined, or should permit any one to make
use of said property, so that the possessor may be deprived of its
control, without an order of court, he in whose possession the property
formerly was shall have it at once restored to him by the judge, and
the adverse party shall not be permitted to claim it again, even if his
title to the same is found to be good. And he who gave such property,
or permitted it to be made use of, as aforesaid, for the reason that
he can allege no just excuse for such conduct, shall be forced to give
something of equal value to said property, or to the price paid for it,
to his adversary; because he appropriated something before his title to
it was legally established.
=XXI. Of Slaves Captured and Sold by the Enemy.=
If any slaves, residents of our kingdom, should be taken by an enemy,
and said slaves should be recovered by our subjects, every one who
recaptures a slave shall have one-third of what is estimated to be his
just value, and shall restore him to his master; but if said slave was
sold by the enemy to him, he shall make oath as to the price which he
paid for him, and shall receive from the master said amount, together
with a sum equal to any increased value which may have accrued since
the capture of said slave, and the latter shall be at once restored to
his master.
=XXII. For what Price this Book shall be Bought.=
In order that any extortion on the part of a vendor and any unnecessary
expenditure by a purchaser, may alike be prevented, it is decreed by
the present law, that it shall not be legal for a vendor to sell a
copy of this book for more than four hundred _solidi_, or for the
purchaser to give more than that sum. And if any one should presume
either to give, or to receive, an amount greater than that above
mentioned, he shall receive a hundred lashes by order of the judge.[29]
TITLE V. CONCERNING PROPERTY COMMITTED TO THE CHARGE OF,
OR LOANED TO, ANOTHER
=I.= _Concerning Animals Hired to Another._
=II.= _Concerning Animals Loaned for the Purpose of Labor._
=III.= _Concerning Things which have been Loaned, and
afterwards Destroyed by Fire, or Lost by Theft._
=IV.= _Concerning Lost Money, and the Interest on the Same._
=V.= _Concerning Property Committed to the Charge of Another,
and Lost by Accident at Sea._
=VI.= _Concerning Property Entrusted to a Slave without his
Master’s Knowledge._
=VII.= _Where a Slave Fraudulently Demands Property Entrusted
by his Master to Another._
=VIII.= _Concerning Legal Interest._
=IX.= _What shall be Paid for the Use of Fruits of the Soil._
=X.= _Who are Entitled to Wills, or Instruments in Writing,
which have been Entrusted to the Keeping of Anyone._
=ANCIENT LAW.=
=I. Concerning Animals Hired to Another.=
If anyone should take in charge a horse, or an ox, or an animal of any
kind, in consideration of a certain sum of money, and the animal should
die, he shall give something equal to its value; whether the sum agreed
upon was for the mere keeping of the animal, or for the use of it. But
if he who had charge of said animal, should receive no compensation,
and should prove that the animal was dead, he shall be entitled to
nothing, and nothing shall be required of him, for this reason; as he
who had charge of the said animal has established by oath that its
death was not due to his guilt or negligence, no liability shall attach
to him for the same. The same rule shall apply to property which has
been loaned.
=ANCIENT LAW.=
=II. Concerning Animals Loaned for the Purpose of Labor.=
Where anyone rents or hires to another a beast of burden, horse, or any
other animal, and it should die of disease while under the control of
him who received it, the latter shall make oath that said animal did
not die either through his fault or neglect, and he shall escape all
liability. But if the death of said animal should have been caused by
want of exercise, or by overloading, or by too much work, or by abuse,
an animal of equal value shall be given to the owner. But if said
animal should cause any injury or damage to anyone, he who had charge
of it at the time shall be liable for the same.
=ANCIENT LAW.=
=III. Concerning Things which have been Loaned, and afterwards Destroyed
by Fire, or Lost by Theft.=
If any gold, silver, ornaments, or money, which have been entrusted
to anyone either for safe keeping, or to be sold, should be lost,
or consumed by fire, along with his own property, in the house of
him who had charge of them, and the latter should produce witnesses,
and give a written statement specifying the property which has been
lost, and should swear that nothing has been saved, he shall incur no
liability, except for the gold and silver, which cannot be burned.
And if any person, while the house was burning, under pretext of
affording assistance, should appropriate any property, the owner shall
make diligent inquiry, and, if detected, the culprit shall pay four
times the value of the article stolen; and if any of the property
which has been loaned should be found, it shall be restored at once
to the owner. Where it is proved that the article in question had
been stolen, a reasonable time shall be granted for the pursuit and
arrest of the thief; and if he should be caught, he shall be forced
to restore to the original owner the property of the latter, and
whatever else may be obtained from the thief shall belong to him to
whom the stolen property was entrusted. But if the thief should not
be arrested within the appointed time, a sum equal to half the value
of the property loaned or hired, shall be paid to the owner by him
who had charge of the same, so that the loss may be equally borne by
both. If, subsequently, the owner of the property should find it in the
possession of him to whom it was entrusted, and who had declared that
it had been lost or stolen, when, in fact, it had been fraudulently
concealed by him, he shall undergo the penalty for theft as prescribed
by law.
=ANCIENT LAW.=
=IV. Concerning Lost Money, and the Interest on the Same.=
If anyone should receive a sum of money and bind himself in writing to
pay interest on the same, and the money should be lost through no guilt
or negligence of the debtor, the creditor shall be entitled to the
principal alone, and cannot collect interest. But if the money was lost
through his own fraud or crime, the borrower shall pay both principal
and interest; and where the latter has gained any profit from the use
of said money, and it should afterwards be lost, if the profit should
be as great as the principal the borrower shall be liable for both
principal and interest.
=ANCIENT LAW.=
=V. Concerning Property Committed to the Charge of Another, and Lost by
Accident at Sea.=
Where anyone entrusted with the property of another loses it, either
by fire, shipwreck, or some other accident, but at the same time saves
all his own property from destruction, he shall be compelled to render
full satisfaction for what was in his charge, and shall not be suffered
to set up any defence. But if he is known to have saved any portion of
his own property, he must return to him whose goods he had charge of,
a sum in proportion to the property lost or saved, which a court shall
decide to be equitable. If he should lose all his own possessions,
and save the property which was entrusted to his care, the same rule
shall apply; and he shall receive such a part of what he has saved as a
judge, after due consideration, shall decide him to be entitled to. For
in such cases it is not just that he alone who has exposed himself to
great danger should sustain loss, and, while he was attempting to save
articles of inferior value belonging to another, should lose all his
own possessions.
=ANCIENT LAW.=
=VI. Concerning Property Entrusted to a Slave without his Master’s
Knowledge.=
If any property entrusted to a slave for safe keeping, without the
knowledge of his master, should be lost, no responsibility therefor
shall attach to either the master or the slave. For the fault is his
who entrusted his property to the slave of another, the master being
ignorant of the fact. If the property aforesaid should be an animal,
and it should be lost through the fraud of shepherds, the master shall
be compelled to pay for it. The same rule shall apply to property
entrusted to another, which has been consumed or wasted through the
fraud or malice of those to whose charge it was committed.
=ANCIENT LAW.=
=VII. Where a Slave Fraudulently Demands Property Entrusted by his
Master to Another.=
If a master desiring to borrow, or to hire any property, should send
his slave for the same, and the latter should abscond with said
property, the master shall be compelled to make restitution. But if
the slave should falsely represent that his master had sent him, and
the property should be given him to be taken to his master, and he
should either destroy or lose said property, and absconding, cannot
be found, the master shall make oath that he had not sent the slave
upon such an errand, and that he did not know that he had gone; and,
under such circumstances, he shall incur no liability. The master, as
well as the person who entrusted the slave with the property, shall
exert themselves to the utmost to find him. We hereby decree that this
same rule shall apply to all property entrusted to anyone without
compensation.
=ANCIENT LAW.=
=VIII. Concerning Legal Interest.=
Where anyone loans money at interest, he shall not have a right
to demand more than three _siliquæ_ per annum, for every
_solidus_; the debtor shall pay one _solidus_, as annual
interest, for every eight _solidi_, and the creditor may claim
from the debtor the principal and the aforesaid interest. If the
creditor, by a written agreement, should extort from the necessities
of the debtor a sum, as interest, in excess of the above amount,
the contract, being contrary to law, shall be invalid. But if any
one should thus violate the law, and should receive the sum which
was agreed upon in writing, the usurious interest shall not be
returned.[30] ]
=ANCIENT LAW.=
=IX. What shall be Paid for the Use of Fruits of the Soil.=
Whoever shall lease to another the dry and moist fruits of the earth,
that is to say, wine and oil, or any other kind of provisions, shall
not be entitled to receive for the use of the same more than the
third part; that is to say, he shall pay a _modius_ as rent for
every two others which he receives. This law we direct shall apply to
the fruits of the earth alone, as we have already published decrees
concerning the loaning of money.
=ANCIENT LAW.=
=X. Who are Entitled to Wills, or Instruments in Writing, which have
been Entrusted to the Keeping of Anyone.=
A will which has been entrusted to the keeping of anyone, after its
attestation by witnesses, as is provided by law, shall be delivered to
the heir who has the largest interest in the inheritance. But if it
should be given to anyone else, or should be delivered to an enemy, he
who delivered it shall pay a double fine to the person he wished to
defraud. Where anyone is entrusted with a document in which parties
have a joint interest, that is to say, wills, decrees, agreements,
donations, or other legal instruments of this kind, and should give
them to one person in the absence of another who is equally interested
therein, he who surrendered such documents must recover them, and
restore them without delay, to all those who have a common interest in
their preservation.
TITLE VI. CONCERNING PLEDGES AND DEBTS.
=I.= _Where Articles are not Pledged._
=II.= _Where Pledges are Deposited, and afterwards Stolen._
=III.= _Where Articles are Pledged as Security for Debts._
=IV.= _Where a Pledge is not Restored when the Debt is Paid._
=V.= _Where a Person is Liable for many Debts, or has Committed
many Crimes._
=VI.= _In what way the Debt of a Person who is Dead, or any
Injury he has Committed, shall be Inquired Into._
=FLAVIUS RECESVINTUS, KING.=
=I. Where Articles are not Pledged.=
All persons shall not have the right to pledge property; and if any
freeborn person should seize a pledge belonging to another, and which
he has refused to accept as such, he shall be compelled to pay double
its value. A slave, however, shall be required to restore only the
pledge, and shall receive a hundred lashes.
=ANCIENT LAW.=
=II. Where Pledges are Deposited and afterwards Stolen.=
Where anyone deposits a pledge with another, as security for a debt,
and it should be stolen, he who deposited it shall bear the loss.
=ANCIENT LAW.=
=III. Where Articles are Pledged as Security for Debts.=
If a pledge is deposited as security for a debt, and the debt be
evidenced by an instrument in writing, and he who deposited the
pledge should not pay the debt at the appointed time, the pledge
shall be kept safely for its owner for the space of ten days, or it
shall be carried to him, if he is at hand, and he shall be notified
to make payment. But if the debtor should, through negligence, fail
to come on the appointed day, or should put off the payment of the
debt, additional interest may be collected. But if the ten days have
elapsed, as has been hereinbefore stated, and the debtor should not
discharge his obligation, the creditor may bring the article pledged
before the judge, or the governor of the city, and shall have the right
to collect, after the seizure of said pledge, whatever amount may be
deemed equitable, in the opinion of the judge or in that of three
respectable persons. The creditor can afterwards reserve whatever is
due him from the proceeds of the sale of the property pledged, and the
owner of the same shall be entitled to the remainder.
=FLAVIUS RECESVINTUS, KING.=
=IV. Where a Pledge is not Restored when the Debt is Paid.=
If anyone who has loaned money upon a pledge and, after the
debt has been paid at the time appointed, should delay the
restoration of the property pledged to its owner; or should sell
the same before the time appointed by law, as aforesaid; or
should appropriate it for his own use; or should bestow it upon
another; or should maliciously refuse to surrender it; he shall
be compelled to restore the pledge intact to its owner, and to
pay him, in addition, half its estimated value.[31] ]-----File:
=FLAVIUS CHINTASVINTUS, KING.=
=V. Where a Person is Liable for many Debts, or has Committed many
Crimes.=
Where an individual has been guilty of offences against many persons,
or owes debts to different creditors, he who first establishes his
claim either in writing, or by oral testimony, or by the acknowledgment
of the party himself, and has thereby shown that he is liable to him
for damages, or is indebted to him for money loaned, shall have the
preference; and said person shall be required to satisfy the claim,
regardless of its priority in time; or shall be sentenced by the judge
for the offence he has committed against the law. Where several parties
to whom he is indebted, should proceed against him at one and the same
time, he shall satisfy his obligations to such persons according to the
value of their claims; or, should he prove insolvent, he shall serve
all of them as a slave. But in the settlement of the claims, it must
be taken into consideration by the judge, that the largest creditor is
entitled to the greater portion of the property, and that the remainder
should be divided among the other creditors as the judge himself
may determine. If the debtor should not have property sufficient to
discharge his obligations, as soon as this fact has been established
the debtor shall be given up by the judge to his creditors, to serve
them, for all time, as a slave.
=FLAVIUS CHINTASVINTUS, KING.=
=VI. In what way the Debt of a Person who is Dead, or any Injury he has
Committed, shall be Inquired Into.=
If the guilt of any person has not been established during his
lifetime, it is undoubtedly monstrous to accuse him of crime after his
death. Where anyone, hereafter attempts to commit such acts, in order
to defraud the heir of a person who is dead, he shall be restrained by
the following law, to wit: that if any person shall accuse one who is
dead of having been guilty of violence toward himself, or of having
fraudulently deprived him of his property, or of having destroyed it,
or of having owed him money, or of having perpetrated any unlawful
act, as provided for in a former law, no credit shall attach to his
assertions, unless he shall be able to indubitably establish their
truth by competent written or oral evidence. And if he should be able
to prove his allegations, and the deceased person concerned should
have left no children, but should have bequeathed his property to
freedmen, or to other persons, the said persons shall be forced, under
the instructions of the judge, to pay, in proportion to the property
they have received, the amount due the creditor of the deceased. And if
the latter should have left children, and they should have possession
of his property, they shall be required to settle all claims which the
creditor has proved to be due him from their father. If the aforesaid
debtor should have died without making any disposition of his estate,
his nearest relatives, or those who claim, or are in possession of,
said estate, shall be liable for his pecuniary obligations. But if he
who is said to have been liable for any such claims, should die without
leaving any property, his children and his relatives shall be free from
all liability and reproach. Where the deceased leaves some assets,
but not enough to satisfy all the claims against him, and his sons or
relatives, or those who are in possession of his estate, should be
unwilling to satisfy the said claims in full out of their own property,
they must immediately deliver to the creditor all the property which
has been left by the deceased.
TITLE VII. CONCERNING THE LIBERATION OF SLAVES, AND FREEDMEN.
=I.= _Where Slaves are Liberated, either by Instruments in
Writing, or in the Presence of Witnesses._
=II.= _Where a Slave Belonging to One, or to Several Persons,
is set at Liberty._
=III.= _Concerning Those who Declare that they are Free._
=IV.= _Whether he who is enjoying Liberty, can be Returned to
Slavery._
=V.= _Whether he who is Sought to be Returned to Slavery, can
be Deprived of any of his Property._
=VI.= _Whether he who has been Declared to be Free by his
Master, in Court, can be again Reduced to Slavery,
on the Demand of said Master._
=VII.= _Where anyone, Influenced by Fear, Asserts that he is a
Slave._
=VIII.= _Where a Freeman is Claimed as a Slave; or Where a
Slave Declares Himself to be Free._
=IX.= _For what Reasons Freedom, once Given, shall be Revoked._
=X.= _Where a Freedman Inflicts Injury upon him who Gave him
his Freedom._
=XI.= _A Freedman shall not be Permitted to give Testimony
against his Former Master, or against the Children of
the Latter._
=XII.= _Freedmen shall not be Permitted to Testify in Court._
=XIII.= _Concerning the Disposition of the Property of a Person
who has been set Free, should he Die without Leaving
Legitimate Children._
=XIV.= _Concerning the Conditions Imposed by a Master, where
Slaves are Liberated by an Instrument in Writing._
=XV.= _Concerning the Liberation of Slaves belonging to the
Crown._
=XVI.= _Concerning the Property of Slaves belonging to the
Crown, who have been Liberated._
=XVII.= _Neither Freedmen, nor their Descendants, shall either
Marry, or act Insolently towards, the Family of their
Patron._
=XVIII.= _Freedmen who have Entered any Religious Order, shall
not be Returned to the Service of their Masters._
=XIX.= _In what manner Royal Freedmen and their Descendants
shall Defend the King, while Serving in the Army; and
with whom Those in the Public Service shall March._
=XX.= _Concerning Freedmen who are Guilty of Transgressions._
=ANCIENT LAW.=
=I. Where Slaves are Liberated, either by Instruments in Writing, or in
the Presence of Witnesses.=
If anyone at the point of death, should liberate his slaves either by
an instrument in writing, or in the presence of witnesses; his will
shall be valid, provided it be proved within six months by from three
to five credible witnesses. And if said testator should give anything
to said freedmen, and the fact should be proved by either written or
oral evidence, said freedmen shall be entitled to said property.
=II. Where a Slave Belonging to One, or to Several Persons, is set at
Liberty.=
If anyone should liberate the slave of another, or one belonging to
several persons, with intent to defraud the master or masters, of
said slave, his act shall be void in law; and whoever sets free the
slave of another, shall be compelled to give one to his master in his
place. But if the master should consent to his emancipation, he shall
be entitled to two slaves in his stead; and the liberated slave shall
enjoy complete freedom; and this law, we decree, shall apply also to
female slaves. If anyone wishes to grant unconditional freedom to any
slave whom he owns in common with another, and such an act should
take place in the presence of a priest or deacon, said ecclesiastic
must prevent it; because the liberation of any slave made under such
circumstances is illegal. Where a party desires to confer freedom upon
a slave, he must first make terms with the other owners, and obtain the
absolute proprietorship of said slave, by means of money, or by gift
of their interest in him; and then, if he should wish to set him free
in the presence of a priest or a deacon, the act of manumission shall
be valid. But if anyone should confer absolute freedom upon a slave
owned in common, in the presence of a priest or deacon, without the
consent of the other owner, or owners, he shall lose his share of said
slave, and his associates shall be entitled to the same. If, however,
he should wish to dispose of his share of said slave he shall have the
right to do so.
=ANCIENT LAW.=
=III. Concerning Those who Declare that they are Free.=
If a slave should declare that he is free, the judge shall give him
protection, and afford him time to produce evidence, either written or
oral, establishing the fact of his freedom. But only such time shall be
granted that the service he owes to his master will not be lost, or his
own rights suffer injury.
=ANCIENT LAW.=
=IV. Whether he who is enjoying Liberty can be Returned to Slavery.=
Where any person in the enjoyment of liberty is claimed by another as a
slave, he shall not be immediately delivered into the possession of the
claimant, and the judge must determine previously whether said claimant
shall give security not to treat said person with injustice or cruelty.
=V. Whether he who is Sought to be Returned to Slavery, can be Deprived
of any of his Property.=
If anyone should deprive a freeman or one who has been set free, of any
property, and, afterwards, should wish to claim him as a slave, he must
restore what he deprived him of, before prosecuting his claim.
=FLAVIUS CHINTASVINTUS, KING.=
=VI. Whether he who has been Declared to be Free by his Master, in
Court, can be again Reduced to Slavery on the Demand of said Master.=
If anyone, in court should declare by his testimony that a person was
free, and, afterwards, should wish to claim him as a slave, he shall
give the person whom he attempted to oppress another slave, by way of
reparation, and he whom he endeavored to injure shall remain free.
=ANCIENT LAW.=
=VII. Where Anyone, Influenced by Fear, Asserts that he is a Slave.=
Anyone who, influenced by fear, declares himself to be a slave, shall
not be restrained of his liberty, but shall be brought into court,
and should he prove that he is free, shall be dismissed by the judge;
but if it should be shown that he is a slave, he shall straightway be
returned to his master.
=ANCIENT LAW.=
=VIII. Where a Freeman is Claimed as a Slave; or where a Slave Declares
Himself to be Free.=
If anyone wishes to claim a freeman as his slave, he must show what
right he has to his possession and service; and if the slave should
assert that he himself is free, he must, in like manner, establish
the existence of his freedom. The judge must take the testimony of
persons of highly respectable character, and there must be more than
one witness on each side. But if the judge, having been corrupted by a
bribe, should unjustly oppress an innocent person, he, as well as the
claimant, shall immediately be compelled to pay the penalty prescribed
by law in the case of those who render unjust decrees.
=ANCIENT LAW.=
=IX. For what Reasons Freedom, once Given, shall be Revoked.=
If anyone should liberate a male or female slave, and it should
be proved that this has been done in the presence of two or three
witnesses; that is to say, if he should deliver the instrument
granting freedom to said slave publicly, in the presence of legitimate
witnesses, and should specify in said instrument that the slave himself
should be free from the time said instrument was executed, without
conditions, and with no reservations, whatever, in favor of himself;
he shall have no power to revoke said act of manumission, unless the
liberated slave should be insolent to him, or do him some injury, or
accuse him of some crime; and for the commission of such offences,
his freedom may be revoked. But if the master shall say he liberated
the slave under certain conditions, or with some reservation of his
authority over him, and these facts do not fully appear from the terms
of the written instrument, the witnesses who were present shall testify
concerning the terms of the instrument aforesaid, and, afterwards,
judgment shall be rendered according to what the terms of said
instrument are found to be.
=ANCIENT LAW.=
=X. Where a Freedman Inflicts Injury upon him who Gave him his Freedom.=
If a freedman should wrong his former master in any way; or should
strike him with his fist, or with any weapon; or should pursue him with
false accusations, whereby he may be in danger of his life; the said
master shall have power to reduce said freedman to slavery, provided he
proves the commission of said offences in court.
=ANCIENT LAW.=
=XI. A Freedman shall not be Permitted to give Testimony against his
Former Master, or against the Children of the Latter.=
It shall be unlawful for a child, or other heir, to revoke the
manumission of a slave liberated by his father; for the act of a parent
must always be religiously respected by his children; nor shall a
freedman, or any of his descendants, be permitted to testify against
the children of him to whom they are indebted for their freedom; and if
they should offer any testimony of this kind, they shall not be heard
by the court, but shall be reduced to their former servitude. But in
other matters they shall have a right to assert their claims against
the children or grandchildren of their patron, so far as is consistent
with the principles of justice.
=FLAVIUS RECESVINTUS, KING.=
=XII. Freedmen shall not be Permitted to Testify in Court.=
Neither freedmen nor freedwomen shall be permitted to testify in any
cause, except where the testimony of freeborn persons is not available,
as is allowed in the case of slaves; because we deem it improper that
by the evidence of freedmen injury should be done to those who are
freeborn. Persons, however, who are descended from freedmen, shall be
fully competent to testify.
=ANCIENT LAW.=
=XIII. Concerning the Disposition of the Property of a Person who has
been set Free, should he Die without Leaving Legitimate Children.=
Where a liberated slave dies without leaving any legitimate children,
and his patron should have given him anything after he had been set
free; or even if he should have forsaken his service, and attached
himself to another; all his property shall revert to his former
master, or to the heirs of the latter. And if said freedman should
remain on the estates of his patron, and should acquire any property
by the fruits of his labor, half of said property shall belong to the
patron, and the freedman shall have a right to dispose of the other
half at his pleasure. If he should place himself under the protection
of another patron, and, while in his service, he should acquire any
property, the master who liberated him shall be entitled to half of
it, and the other half shall descend to the nearest relatives of the
freedman, whether they be slaves or free; or he shall have the right
to bestow said half of said property upon anyone he may select; but
whatever he received from his former master shall belong to the latter.
The same rule shall apply in the case of female slaves who have been
liberated, and we add the following provision, as being conformable
to justice, to wit: that no freedman or freedwoman who has received
his or her liberty from either master or mistress, shall abandon the
latter while they are living. And should they venture to do so, they
shall lose the property which they have received, and shall be forcibly
returned to the service of their master or mistress.
=FLAVIUS CHINTASVINTUS, KING.=
=XIV. Concerning the Conditions Imposed by a Master, where Slaves are
Liberated by an Instrument in Writing.=
When anyone confers liberty upon a slave by an instrument in writing,
and specifies therein that it shall not be lawful for him to dispose
of his own property; and afterwards the person who has been set free
sells it, or gives it away, his act shall be absolutely void; and his
patron, or the children of the latter, shall be entitled to all of said
property. But if no such condition was made, the freedman shall have a
right to do what he pleases with his own possessions; and should he die
intestate, and leaving no legitimate children, even though his master
has inserted no other condition in the instrument conferring liberty
upon him, his patron or the children of the latter, shall be entitled
to his entire estate.
=FLAVIUS CHINTASVINTUS, KING.=
=XV. Concerning the Liberation of Slaves belonging to the Crown.=
If no ambiguity should arise in the determination of legal questions,
we should not be under the necessity of making laws for future
generations. For the reason that, under the pretence of liberty
fraudulently asserted by slaves, the public service is often
injuriously affected, and without any prejudice to the well-deserving,
but as a warning to those who act rashly, we hereby decree, that,
should freedom be granted hereafter to a slave of the Crown, the act
shall be invalid, unless confirmed by the royal signature.
=ANCIENT LAW.=
=XVI. Concerning the Property of Slaves belonging to the Crown, who have
been Liberated.=
We do not permit freedom to be given to slaves of our court without
our consent, and if this should be done, the act shall be void, and
only that freedom shall be legal which is bestowed under our direction.
And, in like manner, it shall be unlawful for the slaves of our court
to sell their own slaves or lands to freemen; for they shall have the
right to make such sales only to other royal slaves; and if they should
wish to give their lands or slaves to the Church or to the poor, such
gift or disposition by will, shall be void. We, however, grant the
following concession to them for the sake of piety: that they shall
have a right to bestow a certain portion of their property upon the
Church, or the poor, for the benefit of their souls; and if they have
no possessions excepting lands and slaves, we grant them authority to
dispose of said lands and slaves, but only to others of our slaves,
as has been hereinbefore mentioned, and no freeman shall be permitted
to purchase said property; but they shall have the right to give the
proceeds of said sales of lands and slaves to the Church, or the poor,
for the benefit of their own souls, as hereinbefore stated.
=THE GLORIOUS RECESVINTUS, KING.=
=XVII. Neither Freedmen, nor their Descendants, shall either Marry into,
or act Insolently towards, the Family of their Patron.=
We occasionally see excessive arrogance displayed by slaves, and are
compelled, at the same time, to pity the degradation of their masters.
For some slaves, after they have obtained freedom, or the descendants
of such slaves, aspire to marry into the family of their masters; or do
some wrong to the children or grandchildren of the latter. And as an
inferior rank is ennobled by the gift of freedom, so, in like manner,
an illustrious race is disgraced by marriage with an inferior caste.
Thus a distinguished family is degraded by such a connection, through
the acts of those very persons who, by its means, have enjoyed the
blessings of liberty. Therefore, that the splendor of natural lineage
may not be deprived of its dignity; and the slave, remembering his
former condition, may not aspire to privileges to which he is not
entitled, and which cannot be granted him: it is hereby decreed that
if any freedman, or the descendants of said freedman, belonging to the
class of manumitted slaves, or anyone connected with them by affinity
or blood, however distantly related, should attempt to contract
marriage with any of the family of his former master, or with any
of his descendants; or should bring any action at law against them,
except for just and legal cause, either on his own behalf, or on behalf
of others; or should inflict any injury upon them; or should cause
them any vexation or annoyance; or should oppose them as members of
an opposite political faction; he shall be at once delivered up as a
slave to those against whom he committed these offences. And, indeed,
it is impious that when a condition of slavery has been abolished, the
dignity of freedom should be degraded; and that, while the slave is
exalted, the master is abased, and the children of the latter suffer
injury, because the slave has power to inflict it.
=FLAVIUS RECESVINTUS, KING.=
=XVIII. Freedmen who have Entered any Religious Order, shall not be
Returned to the Service of their Masters.=
Any freedman who has been honored by presentation to the Church by his
master, or whom the condition of his emancipation, or his membership in
a religious order, has devoted to the service of the Church, can under
no circumstances whatever, be returned to the control of his former
master, or of his heirs. For whatever is known to belong to God can
never be again subjected to the dominion of man.
=THE GLORIOUS FLAVIUS EGICA, KING.=
=XIX. In what manner Royal Freedmen and their Descendants shall Defend
the King, while Serving in the Army; and with whom Those in the Public
Service shall March.=
We attempt to rule the country subject to our crown by the adoption
of just laws, when, for the public good, we provide defenders who may
protect it against enemies. And while there is no lack of defenders of
the throne, it is not improper that the numbers of the same should, for
the purpose of repelling foreign foes, be increased by the addition of
such slaves as have received their freedom through the royal favor.
Wherefore, because it is necessary that such persons should afford
their assistance to those to whom they are indebted for their liberty,
we especially decree by this law, that all such freedmen and their
descendants shall, in time of war, be included among the guards of the
king; and the latter shall assign them their places in the ranks, and
prescribe the duties they shall perform. And if any freedman should,
in time of war, remain at home; and should not, in obedience to the
royal order, join the army with the rest; he shall be delivered up as
a slave to the person from whom he received his liberty. Those only
shall be exempt from this penalty, who, by order of the king, or the
governor, have been charged with the performance of some other duty; or
who were prevented from joining the army by sickness, or by some other
unavoidable necessity.
=FLAVIUS EGICA, KING.=
=XX. Concerning Freedmen who are Guilty of Transgressions.=
We have often heard of freedmen who, after the restraints of servitude
have been removed, desert those who set them free, and assert that they
are the equals of their masters, or of their descendants. Wherefore,
we now, with all due deliberation, publish the following decree, to
wit: that if any person, of either sex, who has been set free, or
any of their children, should be guilty of any subtlety or deceit,
or fraudulent conduct towards their former masters, or towards their
children, grandchildren, or any descendants of the latter, or should
show them any disrespect, at any time, they shall be immediately
returned to slavery. And the children of persons guilty as aforesaid,
shall be delivered up to perpetual servitude, according to the
provisions of a former law.