CONCERNING CRIMES AND TORTURES.
TITLE I. CONCERNING THE ACCUSERS OF CRIMINALS.
=I.= _A Slave, Accused of a Crime, may be Demanded of his
Master by the Officials of the District._
=II.= _For what Offences, and in what Manner, Freeborn Persons
shall be put to the Torture._
=III.= _For what Offences, and in what manner Slaves, of Either
Sex, shall be put to the Torture, on account of the
Crimes of their Masters._
=IV.= _For what Offences, and in what manner, a Slave, or a
Freedman, shall be Tortured._
=V.= _In what way an Accusation shall be Brought to the Notice
of the King._
=VI.= _How Kings should Practise the Duties of Mercy._
=VII.= _He Alone shall be Considered Guilty who Committed the
Crime._
=ANCIENT LAW.=
=I. A Slave, Accused of a Crime, may be Demanded of his Master by the
Officials of the District.=
Where a slave is charged with a crime, the judge shall first notify the
master, superintendent, or agent, who has control of the accused, and
order him to produce the slave in court; and should he refuse to do so,
the governor of the city, or the judge may compel him to produce said
slave. If the master, or he who has charge of his affairs, cannot be
found, the slave shall be arrested and tried by the judge.
=THE GLORIOUS FLAVIUS CHINTASVINTUS, KING.=
=II. For what Offences, and in what Manner, Freeborn Persons shall be
put to the Torture.=
If moderation is displayed in the treatment of crimes, the wickedness
of criminals can never be restrained. Therefore, if anyone should, in
behalf of the king or the people, bring an accusation of homicide or
adultery against a person equal to him in rank, or in palatine dignity,
he who thus seeks the blood of another shall first have an opportunity
to prove what he alleges. And if he cannot prove it in the presence
of the king, or those appointed by the royal authority, an accusation
shall be drawn up in writing, and signed by three witnesses; and the
accused person may then be put to the question.
If the latter, after undergoing the torture, should prove to be
innocent, the accuser shall at once be delivered up to him as a
slave, to be disposed of at his will, except that he shall not be
deprived of life. But if he should be willing to make a compromise
with his accuser, he may accept from the latter as large a sum as may
compensate him for the sufferings he has endured. The judge shall take
the precaution to compel the accuser to specifically describe the
alleged offence, in writing; and after he has done so, and presented
it privately to the judge, the torture shall proceed; and if the
confession of him who is subjected to the torture should correspond
with the terms of the accusation, his guilt shall be considered to
be established. But if the accusation should allege one thing, and
the confession of the person tortured the opposite, the accuser must
undergo the penalty hereinbefore provided; because persons often
accuse themselves of crime while being tortured. But if the accuser,
before he has secretly given the written accusation to the judge as
aforesaid, should, either in his own proper person, or by anyone else,
inform the party of what he is accused, then it shall not be lawful
for the judge to subject the latter to torture, because the alleged
offence has become publicly known. This rule shall also apply to all
other freeborn persons. But if the accusation should not be that of
a capital crime, but merely of theft, or of some minor breach of the
law, nobles, or persons of superior rank, such as the officials of our
palace, shall, upon such an accusation, under no circumstances, be put
to the question; and if proof of the alleged offence is wanting, he who
is accused must declare his innocence under oath.
All persons of inferior rank, and freeborn persons, when accused
of theft, homicide, or any other crime, shall not be tortured upon
such an accusation, unless the property involved is worth more than
fifty _solidi_. But if the property is of less value than fifty
_solidi_, and the accused is convicted upon legal testimony, he
shall be compelled to make restitution, as prescribed by other laws; or
if he should not be convicted, after purging himself by oath he shall
receive the satisfaction granted by the law for those who have suffered
from an improper demand for torture.
We hereby especially provide that a lowborn person shall not presume
to accuse a noble or one of higher rank than himself; but if such a
person should accuse another of crime, and proof of the same should be
wanting, the person accused shall at once purge himself of all guilt
by oath, and swear that he never took, nor has in his possession, the
property on account of which he was prosecuted; and oath having been
made, as aforesaid, he who brought the false accusation shall undergo
the penalty for the same, as prescribed by a former law. But whether
the person subjected to the torture is a noble, one of inferior rank,
or a freeman, he must be tortured in the presence of the judge, or of
certain respectable men appointed by him; and in such a way as not
to lose his life, or the use of any of his limbs; and because the
torture must be applied for the space of three days, if, as the result
of accident, or through the malice of the judge, or the treachery of
anyone else, he who is subjected to it should die; or if the judge,
having been corrupted by the bribes of the adversary of the accused,
should not prohibit the infliction of such torments as are liable to
produce death; the judge himself shall be delivered up to the nearest
relatives of the accused person, that, on account of his injustice, he
may undergo at their hands the same sufferings which he unlawfully
inflicted upon the accused.
If, however, he should declare himself under oath to be innocent, and
witnesses who were present should swear that death did not result from
any malice, treachery, or corruption of which he was guilty, but only
as a result of the torture itself; for the reason that the said judge
did not use his discretion to prevent excessive cruelty, he shall be
compelled to pay fifty _solidi_ to the heirs of the deceased; and
if he should not have sufficient property to pay said sum, he shall
be delivered up as a slave to the nearest heirs of the former. The
accuser shall be surrendered to the nearest relatives of the deceased,
and shall suffer the penalty of death, which he suffered who perished
through his accusation.[32]
=ANCIENT LAW.=
=III. For what Offences, and in what manner, Slaves, of Either Sex,
shall be put to the Torture, on account of the Crimes of their Masters.=
No slave, of either sex, shall be tortured in order to obtain evidence
of crime against either his or her master or mistress, unless for
adultery; or for some offence against the Crown, or against their
country; or for counterfeiting, homicide, or witchcraft. And if slaves
tortured for such reasons should be proved to be cognizant of the
crimes of their masters, and to have concealed them, they shall be
punished along with their masters in such way as the king may direct.
But if they should voluntarily confess the truth before being put to
the question, it will be sufficient if they undergo the torture in
order to confirm their testimony, and they shall not suffer the penalty
of death. But any slave of either sex, who, after being put to the
torture for a capital crime, should also implicate his or her master,
and the commission of said crime can be proved by competent evidence,
they shall be subject to the same punishment as their master.
=FLAVIUS CHINTASVINTUS, KING.=
=IV. For what Offences, and in what manner, a Slave, or a Freedman,
shall be Tortured.=
Where a slave is accused of any crime, the accuser must, before the
torture is inflicted, bind himself to give to the master in his stead,
another slave of equal value, if the innocence of the slave should
be established. But if the accused slave should be found innocent,
and should die, or be disabled from the effects of the torture, the
accuser must at once give to the master two other slaves, each equal
in value to the one killed or disabled. The one who was injured shall
be free, and remain under the protection of his master; and the judge
who neglected to use moderation in the infliction of torture, and thus
violated the law, shall give to the master another slave equal in value
to the one who perished by torture.
In order that all doubt may be removed concerning the value of slaves
in dispute, no statement of artificial or fraudulent value of the same
shall be accepted; but information of their age and usefulness shall
be obtained by personal examination of the slaves themselves; and
if he who was disabled was skilled in any trade, and he who injured
him when he was innocent possesses no slave proficient in the same
trade, he shall be forced to give to the master a slave skilled in
some other trade; but if he should not have such a skilled artisan,
and he whose slave was injured by the torture should not be willing to
accept another in his stead, then the accuser shall pay to the master
the value of the slave that was injured, according to a reasonable
estimate made by the judge, or by men of respectability and established
character. It must, however, be observed, that no one shall presume to
subject any freeborn person or slave to torture, unless he shall make
oath in the presence of a judge, or his representative, the master of
the slave or his agent being also present, that through no artifice,
fraud, or malice, he is inflicting torture upon an innocent person.
And if, after having been put to the question he should die, and his
accuser should not have the means to make the reparation required by
law, he himself shall be reduced to slavery, for the reason that he
was the cause of the death of an innocent man. And if anyone, through
treachery, should attempt to subject the slave of another to torture,
and the master of said slave should prove that he was innocent of
crime, the accuser shall be compelled to give to the master of the
accused slave another of equal value, and to reimburse said master for
any reasonable expense that he has incurred in defence of his slave,
until, in the opinion of the judge, full satisfaction has been rendered
by the unjust accuser to the master of the innocent slave.
In case a slave is found guilty of a minor offence, the master, if he
chooses to do so, shall have a right to compound the same; but every
thief shall be scourged according to the degree of his guilt. Where
a master is not willing to give satisfaction for graver offences, he
must immediately surrender the slave to justice. Any freeborn person
who desires to subject a respectable freedman to the torture, in the
case of a capital crime, or of offences of less gravity, shall not be
permitted to do so, unless the value of the property involved in the
accusation amounts to at least two hundred and fifty _solidi_.
But if said freeborn person should be of inferior rank, and a boar,
he may be tortured, if the value of the property amounts to a hundred
_solidi_.
Where he who is put to the question should, through want of proper
care, be disabled, then the judge who did not exercise moderation in
the infliction of torture, shall pay two hundred _solidi_ to him
who suffered by his negligence; and he who caused him to be tortured
unjustly, shall be compelled to pay him three hundred _solidi_;
and if he should die while undergoing torture, the judge, as well as
the accuser, shall each pay to the nearest relatives of the deceased
the sums of money aforesaid. And, in like manner, in the case of
freedmen of still lower rank, should anyone of them undergo mutilation
or death, through want of caution on the part of those employing
the torture, half of the sum hereinbefore mentioned as applying to
respectable freedmen shall be paid to him who was tortured, should he
be still living, or, if he is dead, to his heirs.[33]
=THE GLORIOUS FLAVIUS CHINTASVINTUS, KING.=
=V. In what way an Accusation shall be Brought to the Notice of the
King.=
If any person should bring a false accusation against another before
the king, and should allege that he has plotted against the throne, the
people, or his country, or that he was committing, or had committed
some act to their prejudice; or had been guilty of some fraudulent act
against the authority of the Crown, or of those exercising judicial
functions; or had executed, or published any forged document; or had
coined any spurious money; or had been guilty of giving poison, or
of practising witchcraft; or of committing adultery with the wife of
another; he who brings accusation of these and similar crimes, the
punishment of which involves the loss of life and property, where he
can establish the truth of his charges, shall, in no way, be subject to
censure. But if his assertions should prove to be false, and it should
be evident that he had only made them through hatred, and in order that
he whom he attempted to accuse might suffer death, or bodily injury,
or the loss of his property; he shall be delivered over into the power
of him he accused, that he may himself suffer the penalty which he
endeavored to inflict upon an innocent person.
Where anyone states that he is in the possession of any fact which
should be brought to the notice of the king, and should be, at the
time, in the place where the court was sojourning, he shall straightway
reveal all that he knows, or shall communicate it to the ears of the
king through the agency of some reliable person. If, however, at the
time, the king should be at a distance, and the said party should
believe that information in his possession relating to the accusation
of another, ought to be sent to the king by the hands of a messenger,
he must draw up a letter, and in it set forth plainly what he wishes to
say concerning the alleged guilt of the accused; and he must do this in
the presence of him whom he has selected to convey the information to
the king. And, in order that he may not be able to deny the aforesaid
communication, three witnesses, known to be men of respectable
character, must, in the presence of one another, affix their seals or
signatures to said letter.
=FLAVIUS CHINTASVINTUS KING.=
=VI. How Kings should Practice the Duties of Mercy.=
Whenever a supplication is made to us on behalf of those who have
been implicated in any crime against our majesty, we willingly give
attention to such appeals, and exercise the prerogative of mercy when
it is consistent with our power. We must, however, refuse to interfere
when a crime of this kind has been committed against the nation and
our country. Yet, if a prince should desire to be merciful to persons
of such wicked character, he shall have the right to do so, with the
approval of the ecclesiastics and the principal officers of the court.
=VII. He Alone shall be Considered Guilty who Committed the Crime.=
Punishment for all crimes shall be visited upon the authors of the
same; and a father shall suffer no penalty on account of his son; nor
a son on account of his father; nor a wife on account of her husband;
nor a husband on account of his wife; nor a brother on account of
his brother; nor one neighbor on account of another; nor any person
on account of a relative; but he alone shall be adjudged to be guilty
who is responsible for the offence, and the crime shall die with
him who committed it. Neither successors nor heirs shall, under any
circumstances, be placed in jeopardy on account of the acts of their
parents.
TITLE II. CONCERNING MALEFACTORS AND THEIR ADVISERS,
AND POISONERS.
=I.= _Where a Freeborn Man Consults with a Soothsayer
Concerning the Health, or the Death of Another._
=II.= _Concerning Poisoners._
=III.= _Concerning Malefactors and their Advisers._
=IV.= _Concerning Those who are Guilty of Acts of Witchcraft, or
any Injury, towards Men, Animals, or any kind of Property
whatsoever._
=FLAVIUS CHINTASVINTUS, KING.=
=I. Where a Freeborn Man Consults with a Soothsayer Concerning the
Health, or the Death of Another.=
Whoever plots the death of the king or any of his subjects, and, with
a view to the execution of such a crime, consults diviners, augurs,
or soothsayers; should he be freeborn, he shall be scourged, and
be condemned to perpetual slavery in the public service, after the
confiscation of all his property, or he shall be delivered up as a
slave to anyone whom the king may select; and those who have given him
advice shall undergo the same penalty. And if any children should be
implicated in the crime of their parents, they shall be punished in
like manner. But if said children should be innocent, they shall not
be degraded in rank, and shall enjoy full and undisturbed possession
of all the property which their parents have lost. Slaves who are
implicated in such offences shall be tortured in various ways, sold,
and transported beyond sea; as the vengeance of the law does not excuse
those who have voluntarily participated in such infamous proceedings.
=FLAVIUS CHINTASVINTUS, KING.=
=II. Concerning Poisoners.=
Different kinds of crimes should be punished in different ways; and,
in the first place, freemen or slaves who are guilty of preparing,
or administering poison shall be punished in like manner; as for
instance, if they should give poisoned drink to anyone and he should
die in consequence; in such a case those who are guilty shall be put
continuously to the torture, and be punished by the most ignominious
of deaths. But if he who drank the poison should escape with his life,
the party who administered it shall be given up into his power, to be
disposed of absolutely as he may desire.
=FLAVIUS CHINTASVINTUS, KING.=
=III. Concerning Malefactors and their Advisers.=
Enchanters, and invokers of tempests, who, by their incantations, bring
hail-storms upon vineyards and fields of grain; or those who disturb
the minds of men by the invocation of demons, or celebrate nocturnal
sacrifices to devils, summoning them to their presence by infamous
rites; all such persons detected, or found guilty of such offences by
any judge, agent, or superintendent of the locality where these acts
were committed, shall be publicly scourged with two hundred lashes;
shall be scalped; and shall be dragged by force through ten villages
of the neighborhood, as a warning to others. And the judge, lest,
hereafter, the aforesaid persons may again indulge in such practices,
shall place them in confinement, and see that they are provided with
clothing and food, to deprive them of an opportunity of inflicting
further injury; or he may lay the matter before the king, to be
disposed of at his royal pleasure. Those who are convicted of having
given advice to such persons, shall each receive two hundred lashes in
the assembly of the people, in order that all who have aided in the
commission of such a crime may not go unpunished.
=FLAVIUS CHINTASVINTUS, KING.=
=IV. Concerning Those who are Guilty of Acts of Witchcraft, or any
Injury towards Men, Animals, or any kind of Property whatsoever.=
We decree, by the present law, that if any freeman or slave, of either
sex, should attempt to employ, or should employ, witchcraft, charms,
or incantations of any kind with intent to strike dumb, maim, or kill,
either men or animals; or injure anything movable; or should practice
said arts to the detriment of crops, vineyards, or trees; he shall
suffer in person and property the same damage he endeavored to inflict
upon others.[34]
TITLE III. CONCERNING ABORTION.
=I.= _Concerning Those who Administer Drugs for the Production
of Abortion._
=II.= _Where a Freeborn Man Causes a Freeborn Woman to Abort._
=III.= _Where a Freeborn Woman Causes another Freeborn Woman to
Abort._
=IV.= _Where a Freeborn Man Produces Abortion upon a Slave._
=V.= _Where a Slave Produces Abortion upon a Freeborn Woman._
=VI.= _Where a Slave Produces Abortion upon a Female Slave._
=VII.= _Concerning Those who Kill their Children before, or
after, they are Born._
=ANCIENT LAW.=
=I. Concerning Those who Administer Drugs for the Production of Abortion.=
If anyone should administer a potion to a pregnant woman to produce
abortion, and the child should die in consequence, the woman who took
such a potion, if she is a slave, shall receive two hundred lashes, and
if she is freeborn, she shall lose her rank, and shall be given as a
slave to whomever we may select.
=ANCIENT LAW.=
=II. Where a Freeborn Man Causes a Freeborn Woman to Abort.=
If anyone should cause a freeborn woman to abort by a blow, or by
any other means, and she should die from the injury, he shall be
punished for homicide. But if only an abortion should be produced
in consequence, and the woman should be in no wise injured; where
a freeman is known to have committed this act upon a freewoman,
and the child should be fully formed, he shall pay two hundred
_solidi_; otherwise, he shall pay a hundred _solidi_, by way
of satisfaction.
=ANCIENT LAW.=
=III. Where a Freeborn Woman Causes another Freeborn Woman to Abort.=
Where a freeborn woman, either by violence or by any other means,
causes another freeborn woman to abort, whether, or not, she should be
seriously injured as a result of said act, she shall undergo the same
penalty provided in the cases of freeborn men.
=ANCIENT LAW.=
=IV. Where a Freeborn Man Produces Abortion upon a Slave.=
Where a freeborn man produces abortion upon a female slave, he shall be
compelled to pay twenty _solidi_ to the master of the slave.
=ANCIENT LAW.=
=V. Where a Slave Produces Abortion upon a Freeborn Woman.=
Where a slave produces abortion upon a freeborn woman, he shall receive
two hundred lashes in public, and shall be delivered up as a slave to
said woman.
=ANCIENT LAW.=
=VI. Where a Slave Produces Abortion upon a Female Slave.=
Where a male slave produces abortion upon a female slave, he shall be
compelled to pay ten _solidi_ to her master, and, in addition,
shall receive two hundred lashes.
=FLAVIUS CHINTASVINTUS, KING.=
=VII. Concerning Those who Kill their Children before, or after, they
are Born.=
No depravity is greater than that which characterizes those who,
unmindful of their parental duties, wilfully deprive their children
of life; and, as this crime is said to be increasing throughout the
provinces of our kingdom and as men as well as women are said to be
guilty of it; therefore, by way of correcting such license, we hereby
decree that if either a freewoman or a slave should kill her child
before, or after its birth; or should take any potion for the purpose
of producing abortion; or should use any other means of putting an
end to the life of her child; the judge of the province or district,
as soon as he is advised of the fact, shall at once condemn the
author of the crime to execution in public; or, should he desire to
spare her life, he shall at once cause her eyesight to be completely
destroyed; and if it should be proved that her husband either ordered,
or permitted the commission of this crime, he shall suffer the same
penalty.[35]
TITLE IV. CONCERNING INJURIES, WOUNDS, AND MUTILATIONS
INFLICTED UPON MEN.
=I.= _Concerning the Injury of Freemen and Slaves._
=II.= _Concerning Insolent Persons and their Acts._
=III.= _Concerning the Law of Retaliation, and the Amount to be
Paid in Lieu of the Enforcement of said Law._
=IV.= _Where a Person Deprives a Traveller of his Liberty,
against the Will of the Latter, and with Intent to do
him Injury._
=V.= _He who Violates the Law by Inflicting Injury upon
Another, shall undergo the same Punishment which he
Himself Inflicted._
=VI.= _He shall not be Considered Guilty who Struck Another,
when the Latter was about to Strike Him._
=VII.= _Where a Slave Insults a Freeborn Person._
=VIII.= _Where one Freeborn Person Strikes Another._
=IX.= _Where the Slave of Another is Mutilated by a Freeborn
Person._
=X.= _Where a Slave Strikes a Freeborn Person._
=XI.= _Where One Slave Mutilates Another Slave._
=I. Concerning the Injury of Freemen and Slaves.=
Where one freeborn person strikes another any kind of a blow upon the
head, he shall pay five _solidi_ for a bruise, ten _solidi_
if the skin be broken, twenty _solidi_ for a wound extending to
the bone, and a hundred _solidi_ where a bone is broken. If a
freeborn man should commit any of the above named acts upon the slave
of another, he shall pay half of the above named penalties, according
to the degree of his offence. If one slave should strike another,
as above stated, he shall pay a third part of the above penalties,
proportionate to his offence, and shall receive fifty lashes. If a
slave, however, should wound a freeborn person, he shall pay the
largest sum hereinbefore mentioned, which is exacted from freeborn
persons for assaults upon slaves, and shall receive seventy lashes. If
the master should not be willing to give satisfaction for the acts of
his slave, he must surrender him on account of his crime.
=II. Concerning Insolent Persons and their Acts.=
If anyone with a drawn sword, or armed with any kind of weapon, should
insolently enter the house of another, with the design of killing the
master of the same, and should be himself killed, no one shall be held
responsible for his death; but if he who entered said house should
kill anyone, he shall be put to death at once. But if he should not
commit any crime, he must at once give satisfaction, according to
law, for any injury resulting from his act. And if he who entered the
house of another by violence, should steal anything there, he shall be
compelled to pay elevenfold the value of what he carried away. And if
he should not have the means to pay the amount due, he shall be given
up to serve as a slave; and if no damage should result from his violent
entrance into the house, and he should not steal anything therefrom;
for the mere fact of his forcible entry, he shall be compelled to pay
ten _solidi_ and shall receive a hundred lashes in public; and if
he should not be possessed of said sum, he shall receive two hundred
lashes. If any other freeborn persons, who were not under his orders or
subject to him, or under his protection, should enter with him into the
house; all of them, as giving consent to a high-handed and illegal act,
shall undergo similar condemnation and penalties. If they should not
have the property wherewith to render satisfaction, each one of them
shall receive a hundred and fifty lashes; but they shall not lose the
right to testify in court. But if they were under the protection, or
in the service of the aggressor, and it is proved that he ordered them
to commit the act of violence, or that they participated in it with
him, the patron alone shall be held liable for all damage committed,
as well as for the penalty; for they were not guilty who only carried
out the orders of their superior. If a slave should commit such an act
of violence without the knowledge of his master, he shall receive two
hundred lashes, and shall be compelled to restore whatever he carried
away. If, however, the slave acted with the knowledge of his master,
the latter must give satisfaction for his act, as has been hereinbefore
provided in the cases of freeborn persons.
=FLAVIUS CHINTASVINTUS, KING.=
=III. Concerning the Law of Retaliation, and the Amount to be Paid in
Lieu of the Enforcement of said Law.=
The bloody rashness of some persons must be legally revenged by even
the most severe penalties; for when anyone fears that he will suffer
for what he has done, he is liable to abstain from the commission of
crime. Therefore, if any freeborn person should dare to shave the
head of another; or should mark, or scar him by violence inflicted
either upon his face, or upon any other part of his body, by the use
of a scourge, a whip, or any weapon; or, by maliciously dragging him
upon the ground, should soil or defile him; or should maim him in any
part of his limbs; or should restrain him of his liberty, by placing
him in jail, or in any other place of confinement; or should order
him to be imprisoned by others; or to be kept in custody and sold as
a slave; having been apprehended by the judge, the same person shall
receive by way of retaliation, whatever he inflicted, or attempted to
inflict, upon another. And if he who suffered from his violence, or
endured insult through his agency, should desire to receive pecuniary
compensation from the culprit, he shall be entitled to recover such
a sum as he may estimate will compensate him for the injuries he has
sustained. We forbid, however, retaliation to be made for a blow with
the fist or with the foot, or for any stroke upon the head; lest, when
the retaliation is inflicted, a greater or more dangerous injury may
result.
Where an aggressor commits such acts without causing any injury to
the limbs, for a slap, he shall receive ten lashes; for a blow with
the fist, or a kick, he shall receive twenty lashes; for a stroke on
the head, if the blood should not flow, thirty lashes. And if he by
whom the injury was produced, or who is said to have instigated it,
where the act was not deliberately committed, but was the result of
a sudden quarrel, should prove that it was caused by the fault of
another, and against his own will, and, in the affray, an eye should
have been lost, he shall pay a hundred _solidi_ as a penalty.
But if it should appear that the party injured can still see with the
damaged eye, he may accept a pound of gold from the aggressor, by way
of compensation. Where anyone is struck on the nose, and it should be
entirely destroyed, the culprit shall pay a hundred _solidi_.
If the blow upon the nose should be of such a character as to lay
open the nostrils, the judge shall impose a penalty according to the
deformity produced; and we decree that the same rule shall apply to
injuries done to the lips and to the ears. A hundred _solidi_
shall be paid for any injury to the loins. Whoever cuts off the hand of
another entirely, or injures it with a blow so that the party cannot
make use of it, shall pay a hundred _solidi_ by way of reparation
for such injury. Fifty _solidi_ shall be paid for the loss of the
thumb; for that of the forefinger, forty _solidi_; for that of
the middle finger, thirty; for that of the fourth, twenty; for that
of the fifth finger, ten _solidi_. Similar sums also shall be
exacted for injuries inflicted upon the feet. For every tooth lost by
violence, twelve _solidi_ shall be paid. Whoever breaks the leg
of another, and the latter thereby is rendered lame, shall pay him a
pound of gold; and all the provisions above stated in regard to such
injuries, shall apply where the rights of freemen are involved. But if
a slave should commit any of the unlawful acts hereinbefore specified,
or should he only shave the head of a freeman, he shall be delivered
up into the power of the latter to be dealt with according to his
pleasure. If, on the other hand, a freeborn person should shave the
head of a slave belonging to another, or should give orders to shave
the head of a peasant, he shall pay his master ten _solidi_. Where
the slave is of superior rank, the offender shall not only be forced
to pay the aforesaid sum of ten _solidi_ to his master, but shall
also receive a hundred lashes. If he has maimed the slave in any part
of his body, or has ordered another to mutilate him, he shall receive
two hundred lashes; and shall be compelled to give to the master of
said slave, another of equal value to the one he has injured, by way
of satisfaction. And if any freedman should commit any of the crimes
hereinbefore specified against any freeman; for the reason that he was
of inferior rank, not only shall the violence he committed be visited
also upon him, but he shall, in addition, receive a hundred lashes with
the scourge. And if a person born free should injure a freedman in any
of the ways hereinbefore mentioned, he shall pay the third part of
the amount for which freeborn persons are liable. If one slave should
mutilate another without the knowledge of his master, or should shave
his head, he shall undergo the same injury which he has inflicted,
and shall receive a hundred lashes in public. If a slave, without the
knowledge of his master, should seize and confine a freeborn person, he
shall receive two hundred lashes in public. But where a slave commits
any of these acts, with the consent of his master, the master only
shall undergo the penalty, and pay the damages which are prescribed
by this law in the case of freeborn persons. Where a freeborn person
imprisons the slave of another who is innocent, he shall pay three
_solidi_ to his master. If one slave should imprison another,
without the consent of the latter’s master, he shall receive a hundred
lashes. Where the slave committed the act, with the knowledge of his
master, the master of said slave shall be compelled to pay three
_solidi_. If any freeborn man shall detain the innocent slave of
another in custody, day or night, or should cause him to be detained
by another, he shall pay to the master of the said slave, for every
day that he is thus restrained of his liberty, three _solidi_,
and for every night an equal sum; and if the innocent slave is proved
to have been thus imprisoned by the said freeman for several days, the
latter shall be compelled to pay to the master the same sum of three
_solidi_ for every single day and night during which said slave
was imprisoned. Any freeman who shall strike the slave of another with
a whip, or scourge, or any kind of weapon, in such a way as to cause
the blood to flow, or a bruise to appear, shall pay to the master of
the slave one _solidus_ for every blow inflicted; or, if serious
injury should result, by which he who was struck was either killed or
maimed, the offender shall pay for such an act, whatever sum the court,
in its judgment, shall deem proper. Where one slave commits an assault
upon another slave, the judge shall determine, according to the nature
of the injury, the amount of the sum to be paid by the slave, or his
master; which sum shall be equal to half that paid by a freeman under
similar circumstances, and the slave shall receive a hundred lashes, in
addition, for his insolence. All the provisions of this law shall apply
to the cases of men as well as to those of women, in order that the
questions left to the discretion of the judge by this and other laws,
may be quickly decided.
If a judge, influenced by friendship, or corrupted by a bribe, should
not dispose of a case in an equitable manner, or should neglect to at
once impose a penalty, he shall be deprived of his judicial power for
the future, and shall be compelled by the bishop, or the governor,
to render satisfaction out of his own property, to an amount which
said bishop or governor shall determine, to him to whom he refused
to do justice; in order that he, who voluntarily refused to redress
the wrongs of another, may be forced to undergo the loss of his own
possessions.
=ANCIENT LAW.=
=IV. Where a Person Deprives a Traveller of his Liberty, against the
Will of the Latter, and with Intent to do him Injury.=
If anyone, while on a journey, should be unlawfully restrained of his
liberty by another, and no indebtedness should exist between them, he
who has been so restrained shall be entitled to five _solidi_
for the injury he has undergone; and if the offender should not have
such a sum, he shall receive fifty lashes. But if one party should be
indebted to another, and should refuse to pay the debt, the creditor
may, without inflicting any injury upon him, bring him before the judge
of the district, and the latter shall make such an order as he thinks
to be just. Where a slave commits such an act, without the order of his
master, he shall receive a hundred lashes. But if he should have done
this under the direction of his master, said master shall be liable for
the payment of the sum hereinbefore mentioned.
=FLAVIUS CHINTASVINTUS, KING.=
=V. He who Violates the Law by Inflicting Injury upon Another, shall
undergo the same Punishment which he Himself Inflicted.=
It is no less a fault to be ignorant of the laws than, knowing them,
to commit crimes. Wherefore, whoever, up to this time, or hereafter,
has perpetrated, or shall perpetrate, any act forbidden by law, and
shall either declare that he was ignorant of the law, or shall plot to
carry out any act that shall enure to the injury or danger of anyone,
alleging, at the same time, that such act is not prohibited by law,
and that for this reason he cannot be held liable for its commission,
and should such person be convicted, he shall at once undergo the same
dangers, ignominy, tortures, suffering, or pecuniary loss, which he
inflicted, or attempted to inflict, upon another; shall receive, in
addition, a hundred lashes in public, and shall be scalped, as a mark
of perpetual infamy.[36]
=FLAVIUS CHINTASVINTUS, KING.=
=VI. He shall not be Considered Guilty who Struck Another, when the
Latter was about to Strike Him.=
It is no crime to resist another, where the violence of the attacking
party is manifest. Whoever, therefore, should recklessly attempt to
strike, or should strike, another with a whip, or sword, or with any
weapon whatsoever, and the offender should then be so wounded by the
party whom he attacks that he dies, such death shall not be considered
homicide, nor shall he be liable to any reproach who struck the fatal
blow; because it is more proper for a living person to defend himself
against an angry man, than to be revenged after his own death. And
whoever, in anger, draws a sword against anyone, even though he should
not strike him, shall be forced, on account of his insolence, to give
ten _solidi_ to him whom he thus threatened.
=FLAVIUS RECESVINTUS, KING.=
=VII. Where a Slave Insults a Freeborn Person.=
No slave, however respectable he may be, shall act insolently,
arrogantly, or seditiously, towards a person of noble and illustrious
lineage; and, should one be guilty of such conduct, he shall be
sentenced by the judge to receive forty lashes with the scourge. A
slave of inferior position shall be punished with fifty lashes with the
scourge. Where a person of exalted rank first provokes the slave of
another, and is insulted in consequence, he must attribute it to his
own bad behavior; since, as he was forgetful of honor and patience, he
only received what he deserved.
=ANCIENT LAW.=
=VIII. Where One Freeborn Person Strikes Another.=
If one freeborn person should inflict a wound upon another, and
the wounded person should die at once, the attacking party shall
be punished for homicide; and if he who was wounded should not die
immediately, the aggressor must either be confined in prison, or
released on bail. Should the person who was wounded escape with his
life, he who injured him must pay him twenty _solidi_, on account
of the attack alone; and, if he should not have that sum, he shall
receive two hundred lashes in public, and, in addition to this, he
shall be compelled to pay such damages, for the wound he inflicted, as
may be assessed by the judges.
=ANCIENT LAW.=
=IX. Where the Slave of Another is Mutilated by a Freeborn Person.=
If any freeman should voluntarily mutilate the slave of another, he
shall be compelled to give at once to his master, another slave of
equal value; and he shall retain the one that was injured, to be cared
for at his expense until he is cured. And if he should afterwards
recover, the person who inflicted the wound shall pay such an amount in
damages as may seem just to the court. And should he, afterwards, be
restored to his master, safe and sound, said master shall receive him
again as his slave. The aggressor, on account of the boldness of his
act, inasmuch as he did not commit murder, but only ventured to wound
the slave of another, shall pay ten _solidi_ to his master.
=X. Where a Slave Strikes a Freeborn Person.=
If a slave, without the order of his master, should strike a freeborn
person, and the latter should die at once, from the effect of the
blow, the slave shall be punished for homicide; but if the wounded
person should not die immediately, the slave shall be imprisoned; and
if he who was wounded should recover, his assailant shall receive two
hundred lashes. The master, if he should wish to do so, may pay, in
satisfaction of the injury, whatever sum may be assessed by the court;
and, if he should refuse to do this, the slave shall be given to the
party injured, in satisfaction for his crime.
=XI. Where One Slave Mutilates Another Slave.=
Where one slave inflicts mutilation upon another, he shall receive a
hundred lashes, in addition to the pecuniary satisfaction due for the
wound; and if, as a result of said wound, the other should be partially
disabled, the judge shall estimate how much his value has been
diminished in consequence. If his master should refuse to accept the
sum thus estimated, as satisfaction, he shall be entitled to receive
the price of the slave who was injured, or one of equal value, from
him whose slave committed the attack; and said master shall retain the
mutilated slave as his own. We decree that this law shall also apply to
female slaves.
TITLE V. CONCERNING HOMICIDE.
=I.= _Where One Kills Another without Knowing it._
=II.= _Where One Kills Another without Seeing Him._
=III.= _Where One, being Pushed, Kills Another._
=IV.= _Where One, Seeking to Strike Another, Kills a Third
Person._
=V.= _Where One is Killed while Interfering in a Quarrel._
=VI.= _Where One, Intending to Inflict a Slight Injury, Kills
Another._
=VII.= _Where One, in Sport, or Recklessly, Kills Another._
=VIII.= _Where One Kills Another through Immoderate Punishment._
=IX.= _Where a Freeman Kills a Slave by Accident._
=X.= _Where a Slave Kills a Freeman by Accident._
=XI.= _Where One Man Intentionally Kills Another._
=XII.= _No Master shall Kill his Slave without Good Reason; and
Where One Freeman Kills Another._
=XIII.= _No One shall Deprive a Male or Female Slave of a Limb._
=XIV.= _Any Person may bring an Accusation of Homicide._
=XV.= _Both Relatives and Strangers have a Right to Accuse a
Person of Homicide._
=XVI.= _Where a Homicide Takes Refuge in a Church._
=XVII.= _Concerning Parricides, and the Disposition of their
Property._
=XVIII.= _Concerning Those who Kill Others Related to Them by
Blood._
=XIX.= _Where One Blood Relative is Accidentally Killed by
Another._
=XX.= _Where One Slave Kills Another by Accident._
=XXI.= _Concerning Those who Destroy their Souls by Perjury._
=FLAVIUS RECESVINTUS, KING.=
=I. Where One Kills Another without Knowing it.=
Whoever kills another ignorantly and unintentionally, if he has
cherished no animosity against him, is not guilty of murder according
to the Word of God; for it is not just that he should suffer the
penalty of homicide who committed the act against his will.
=FLAVIUS CHINTASVINTUS, KING.=
=II. Where One Kills Another without Seeing Him.=
If one man should kill another, either standing, coming, or passing by,
not being aware of his presence at the time, where no cause of enmity
had previously existed between them, and he who committed the homicide
shall declare that he did it involuntarily, and shall be able to prove
this in court, he shall depart in safety.
=FLAVIUS RECESVINTUS, KING.=
=III. Where One, being Pushed, Kills Another.=
If anyone, either by accident, or by being pushed in any way, or by
rushing headlong upon another, should kill him, he shall not be liable
to the penalties of homicide. But if one man should push another, and,
impelled by that push, the latter should kill a third party, and he who
gave the push did so without malice, he shall pay a fine of a pound of
gold, because he neglected to avoid the commission of an injury.
=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=
=IV. Where One, Seeking to Strike Another, Kills a Third Person.=
Whenever, in a quarrel, anyone, while endeavoring to strike his
adversary, unwillingly kills a third person, a legal investigation
must be made to determine who originated the quarrel; and if it should
be found that he was guilty who was first struck at, then he who
stirred up the strife, although he escaped the blow, yet, because it
is apparent that he was the cause of the homicide, shall pay a fine
of a hundred golden _solidi_. He who struck the blow shall pay
fifty _solidi_ to the nearest relatives of the person who was
killed. Thus both pay a penalty; one, because he intentionally gave
an opportunity for the commission of homicide; the other, because he
unintentionally committed said homicide.
=FLAVIUS RECESVINTUS, KING.=
=V. Where One is Killed while Interfering in a Quarrel.=
If any freeman should interfere in a quarrel for the purpose of making
peace, and should be killed in consequence, and he who struck him
shall be able to prove, either by his own oath, or by the testimony of
respectable witnesses, that the act was not committed intentionally,
because the party who struck the fatal blow did not wish to commit
assault or homicide upon the person who was killed, he shall pay a
pound of gold to the relatives of the person who lost his life; and, in
like manner, if any wound was inflicted under similar circumstances,
the person who inflicted it shall pay a third part of the aforesaid
sum; for the reason that the death of him who interfered for the
purpose of making peace should not be unavenged.
=FLAVIUS RECESVINTUS, KING.=
=VI. Where One, Intending to Inflict a Slight Injury, Kills Another.=
Where anyone, attempting to commit an injury, gives a kick, or a blow
with the fist, or commits any other violent act, and death should
result, the guilty party shall be punished for homicide.
=VII. Where One, in Sport, or Recklessly, Kills Another.=
Whoever incautiously, or recklessly, or in sport, or in a crowd,
unintentionally, by a fatal blow, strikes or kills anyone; because no
malicious intention or desire to injure existed, shall incur no infamy
for having committed an assault or homicide, even though he should
be convicted by oath, or by the testimony of witnesses; nor shall he
be liable to punishment by death, because he did not kill the person
intentionally. But, for the reason that he struck the fatal blow
without due caution, and did not attempt to avoid an accident, he
shall pay a pound of gold to the nearest relatives of the deceased, and
shall receive fifty lashes with the scourge.
=FLAVIUS RECESVINTUS, KING.=
=VIII. Where One Kills Another through Immoderate Punishment.=
If it should happen that a scholar, or any person under the patronage,
or in the service of another, while undergoing moderate corporeal
punishment, inflicted by his teacher, patron, or master, should die
as a result of the same; and that he who inflicted the punishment
entertained neither hatred or malice toward him whom he killed; he
shall neither be rendered infamous, nor punished on account of the
homicide; for the reason that it is said in the Holy Word of God that
he shall be unhappy, who does not inflict punishment.
=FLAVIUS RECESVINTUS, KING.=
=IX. Where a Freeman Kills a Slave by Accident.=
If a freeman should kill a slave not intentionally, but by accident,
he shall be compelled to pay to the master of the slave one-half of
the amount which has been provided by way of reparation in the case of
freeborn persons, under similar circumstances.
=FLAVIUS RECESVINTUS, KING.=
=X. Where a Slave Kills a Freeman by Accident.=
If a slave should kill a freeborn person not intentionally, but
accidentally, he shall pay the same sum which a former law has provided
in the case of other freeborn persons. But if the master should be
unwilling to pay said sum for his slave, the latter must, at once, be
given up to justice.
=ANCIENT LAW.=
=XI. Where One Man Intentionally Kills Another.=
Every man who kills another intentionally, and not by accident, is
liable to punishment for homicide.
=FLAVIUS CHINTASVINTUS, KING.=
=XII. No Master shall Kill his Slave without Good Reason; and Where One
Freeman Kills Another.=
If anyone who is guilty of crime, or of giving wicked counsel to
another, cannot escape punishment, how much more liable is he who
deliberately and maliciously commits homicide? For this reason, as very
frequently, through the excesses of cruel masters, slaves are deprived
of their lives, without having committed any crime; it is proper that
this license should be entirely abolished by means of the following
law, which shall be hereafter observed by all, to wit: that no master
or mistress shall deprive either their own slaves, or the slaves of
others, of life, without an order of court. But if such a slave should
acknowledge his guilt of a crime for which he is liable to punishment
by death, his master or his accuser shall straightway communicate
the fact to the judge of the district where the deed was committed;
or to the governor of the city, or the governor of the province; and
if, after an investigation, it is evident that the crime has been
committed, the culprit shall receive, either from the judge or from his
own master, the punishment of death, which he deserves.
If the judge should be unwilling to order him to be executed he shall
commit his sentence of death to writing, and the master shall then have
the power to either kill him, or to spare his life. If a slave, of
either sex, while resisting his or her master, should strike him with a
sword, stone, or with any weapon; or should attempt to strike him; and
the master, in his own defence, should immediately kill the slave, he
shall not be punished for homicide, if it is evident that he defended
himself; that is to say, if he can establish by the testimony, or the
oaths of other slaves who were present, and by his own oath, that he
was acting in his own defence. Where any person, through malice, either
acting himself or through the agency of another, kills his own slave,
he shall be deprived of the right to testify in court thereafter, as
a mark of infamy; and, in order that such rashness may be prevented,
he shall be exiled as long as he lives, and be forced to do penance,
and his property shall be given to those whom the law has designated
as his nearest heirs. Anyone who shall deliberately or intentionally
kill, or order to be killed, a slave, of either sex, belonging to
another, shall be compelled to give two slaves of equal value, to the
master of the one who was killed; and the homicide, according to the
provision hereinbefore stated, shall be sentenced to perpetual exile.
And if either a master or a mistress, influenced by a sense of injury,
or by anger, while inflicting punishment upon a slave of either sex,
whether their own, or belonging to another, should kill such slave by
a blow; and should be able to prove, either by witnesses, or by his or
her own oath, that he or she involuntarily committed said homicide;
such person shall not be amenable to punishment under this law. Where
any male or female slave admits that he or she has, at the instigation,
and with the consent of their master, killed a fellow slave or any
other person, and, having been put to the torture, should accuse their
master of having planned the crime for his own benefit; said slaves
shall be publicly scourged with a hundred lashes, and shall be scalped
as a token of infamy. If, however, the master should swear that he
has not ordered, or influenced said slave, in any way, he shall not
be considered guilty under this law; and the slave who committed the
homicide shall be delivered up into the power of the master of the
slave who was killed, to be disposed of at his pleasure; for any slave
who kills another slave must be surrendered to the master of the latter.
Where a freeborn person has been convicted of having killed anyone by
treachery, and for the purpose of robbery, while the latter was either
on a journey or at home, he shall be at once punished for homicide; and
as anyone who by counsel, or by order, instigates another to commit
murder, is to be regarded as more infamous than he who perpetrated the
deed, it is hereby especially provided that, except in the case of
slaves, as hereinbefore set forth, if either a master or a mistress
should order a freeborn person, of either sex, to be killed by a slave,
and, after a severe, public investigation by torture, confession of the
crime is made by said slaves, implicating their master or mistress,
their testimony concerning the latter shall not be received, unless
they are able to confirm it by the evidence of reputable witnesses.
The master who is thus accused, must, at once, in the presence of the
court, purge himself of all guilt by oath. Those who confess that they
committed the homicide, shall either be punished for the crime, or
shall be surrendered to the parents or the relatives of him who was
killed, that they may do with them whatever they desire. Where the
master is unable to make oath, as aforesaid, the male or female servant
who has perpetrated such an infamous act, shall receive two hundred
lashes, and shall be scalped as a mark of infamy. The master, by whose
order such wickedness has been committed, shall suffer the punishment
of death.
If several freeborn persons, by common agreement, should plan the
perpetration of a homicide, he who struck the blow, or actually
committed the deed, shall be put to death. The others, however, who
are convicted of having plotted the crime, although they did not take
an active part in its perpetration, shall nevertheless, on account of
their wicked counsel, each receive two hundred lashes in public, and
undergo the ignominy of being scalped. And, in addition, each shall be
compelled to pay fifty _solidi_ to the nearest relatives of the
deceased, and should any of them not be possessed of such a sum, he
shall be delivered over to them to be their slave forever.[37]
=FLAVIUS RECESVINTUS, KING.=
=XIII. No One shall Deprive a Male or Female Slave of a Limb.=
By a former law we have restrained masters, actuated by unbridled
rage, from putting their slaves to death. Now that they may not deform
man, who was made in God’s own image, while in the act of practising
cruelty upon those who are subject to them, we must forbid corporeal
mutilation. For which reason, we decree that if any master or mistress,
without a preliminary investigation in court, should openly and
wickedly, deprive their slave of his nose, lip, tongue, ear, or foot;
or should tear out his eye; or should mutilate any other part of his
body; or should order anyone else to perpetrate any of these acts; he
or she shall be sentenced by the bishop in whose territory they live,
or where the deed is proved to have been committed, to three years of
exile, with penance.
Where such persons have children, who are not implicated with them in
their crime, the latter shall take charge of all their property, and
care for it; and shall restore it, with an account of their management
of the same, when their parents return from exile. If, however, they
have no legitimate children, the judge shall give said property into
the keeping of other relatives; who, in like manner, upon return of the
exiles, must restore to them said property, with an account of their
management of the same. But should there be no such relative, the judge
himself shall take charge of the property and preserve it, and, in like
manner, give an account of it, when the parties return from exile.
=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=
=XIV. Any Person may bring an Accusation of Homicide.=
If no one should be willing to accuse another of homicide, the judge,
as soon as he learns that the crime has been committed, shall have the
power to apprehend the guilty party, that he may receive the sentence
he deserves; for the punishment of the crime may be unduly deferred,
either on account of the absence of the accuser, or because some
collusion exists between him and the murderer. A wife shall have the
right to inquire into the death of her husband, or into any injury he
has suffered at the hands of another; and a husband has, likewise,
the same privilege in the case of a wife, and may demand that the
crime be avenged by law. If either husband or wife should die while
they had the intention of prosecuting a criminal, and, in consequence
thereof, said prosecution should be left incomplete, their children
or relatives, who stand next in the line of hereditary succession,
shall have full power to accuse the offender, or the homicide, and
to carry on the prosecution just as parents can do. The children or
aforesaid relatives, shall not be entitled to the property of the
offender or homicide, unless he should have previously undergone the
punishment prescribed by law for his crime. If the judge, after having
been notified, should refuse to avenge the crime, and, by reason of
his delay or neglect, the matter should finally be brought to the
attention of the king, the judge shall be compelled to give half of the
legal composition for the homicide; that is to say, two hundred and
fifty _solidi_, as a penalty for his disregard of his judicial
duties. No one shall have a right to claim the property of anyone who
is punished for a crime, before the sentence prescribed by law for said
crime has been pronounced by the court.
=FLAVIUS CHINTASVINTUS, KING.=
=XV. Both Relatives and Strangers have a Right to Accuse a Person of
Homicide.=
As it is proper that those who are guilty of other crimes should
receive the penalties which they deserve, it must be regarded as
infamous that homicides, whom it is but right should be treated with
greater severity, should escape without punishment. Therefore, that
no one who has committed a homicide may escape, or think that, by
making excuses, he can avoid the consequences of his crime; the right
of prosecution is hereby given, in the first place, to the relatives
of the deceased; and if said relatives should be either lukewarm, or
dilatory in inquiring into the death of their relative, then other
relatives, as well as strangers, shall have the right to prosecute the
offender. Any person who fraudulently attempts to defend or excuse a
homicide, shall be compelled to pay to the accuser, double the amount
which he has corruptly received. For no one guilty of homicide can
ever feel secure, so long as he knows that everyone has the right to
prosecute him.
=FLAVIUS CHINTASVINTUS, KING.=
=XVI. Where a Homicide Takes Refuge in a Church.=
We are not unmindful that, heretofore, many laws have been enacted,
and penalties to be inflicted upon the guilty prescribed according
to the nature of the crime, whether it be homicide or some other
offence. Yet, because the authors of these wicked deeds who are as
ready to commit them as they are cunning in seeking opportunities to
escape punishment, and, as they, for the most part, betake themselves
for protection to the churches of God, while, at the same time, they
do not fear to commit crimes in violation of the Divine precepts; for
the reason that wickedness of this kind should never go unpunished,
because it destroys life, and frequently impels the minds of men to the
commission of worse offences, we promulgate the following decree, to be
observed through all time, to wit: That, as the law directs that every
homicide or malefactor shall be punished, so, whoever, according to his
own impulse, or evil disposition, commits such a crime, shall never be
released from liability to the law, by any excuse or influence; but
in case he should take refuge at the Holy Altar, a pursuer shall not
presume to remove him from it without the consent of the priest. The
priest having been consulted, however, and oath made that the party
sought is a criminal, and liable to be publicly condemned to death; the
priest himself shall drive him from the altar, and eject him from the
choir; so that he who is pursuing him may arrest him.
He who has thus been driven from the church shall not, however, be
liable to the penalty of death; but the sight of his eyes shall be
entirely destroyed; or he may be delivered up into the power of the
parents or relatives of him whom he killed; and the latter shall have
the right to dispose of him at their pleasure, excepting they shall not
put him to death; as a warning to prevent the intentions of depraved
men from being carried into effect, when they know what punishments are
prepared for them; and that he whom a wicked impulse often drives to
the commission of an unlawful act, may, through terror, abstain from
evil.
=FLAVIUS CHINTASVINTUS, KING.=
=XVII. Concerning Parricides, and the Disposition of their Property.=
As no homicide intentionally committed is left unpunished by our laws,
and as he who kills a blood-relation is more deserving of death than
an ordinary murderer; we therefore promulgate the following edict, to
be hereafter observed through all ages: That whoever shall be guilty of
parricide; that is to say, whoever shall purposely, or actuated by the
impulses of a depraved mind, kill his father, his mother, his brother,
his sister, or anyone else nearly related to him, shall be immediately
arrested by the judge, and put to death in the same manner as that
by which he deprived his victim of life. Where the party guilty of
the crime of parricide has no children, all his or her property shall
belong to the nearest heirs of the person killed. If he or she should
have children by another marriage, half of said property shall belong
to the heirs of the person killed, and half to the children of the
parricide, provided they were not implicated in the crime of the father
or mother; but, if they were implicated in said crime, all of said
property shall belong to the children of the deceased. But if neither
the parricide nor his victim should have left any children, then the
parents of the person who was killed, or his nearest relatives, or such
persons as have taken upon themselves the duty of avenging his death,
shall have the undoubted right to claim for themselves the entire
property of said parricide.
=ANCIENT LAW.=
=XVIII. Concerning Those who Kill Others Related to Them by Blood.=
If a father should kill his son; or a son his father; or a husband his
wife; or a wife her husband; or a mother her daughter; or a daughter
her mother; or a brother his brother; or a sister her sister; or a
son-in-law his father-in-law; or a father-in-law his son-in-law;
or a daughter-in-law her mother-in-law; or a mother-in-law her
daughter-in-law; or if any of said persons should kill anyone else
related to them by blood or lineage, they shall be condemned to death.
And, if on account of his crime, the homicide should flee to a church,
or take refuge at the Holy Altar, he shall be delivered up into the
power of the parents or relatives of him whom he killed; and they shall
have full authority to dispose of him, according to their pleasure,
except to deprive him of life. And we decree that all his property
shall go to the heirs of the person killed, as hereinbefore provided;
or be forfeited to the Crown, should the person killed leave no near
heirs; for a homicide, if liberated, has no right to the enjoyment of
his property, even should he escape the penalty of death.
=XIX. Where One Blood Relative is Accidentally Killed by Another.=
If a father should kill his son; or a son his father; or a mother her
daughter; or a brother his brother; or any person one nearly related to
him; and he who commits such an act should be impelled by injury, or
should be acting in self-defence, and it can be proven in open court,
by respectable witnesses, who are worthy of credit, that the parricide
was committed in self-defence; the party accused shall be in no danger
of his life, and shall be discharged, without loss of property or
subjection to torture; such discrimination being used as is proper in
all cases of homicide.
=FLAVIUS RECESVINTUS, KING.=
=XX. Where One Slave Kills Another by Accident.=
If one slave should be convicted of having accidentally killed another,
his master shall pay to the master of the slave who was killed, by
way of compensation, one half the sum required by law, under similar
circumstances, where death ensues as the result of an accident. If
the master should refuse to give satisfaction as aforesaid, he must
surrender the slave to the master of the one who was killed.
=ANCIENT LAW.=
=XXI. Concerning Those who Destroy their Souls by Perjury.=
If anyone, on account of oppression of any kind, should knowingly
conceal the truth or should perjure himself; as soon as the fact shall
come to the knowledge of the judge, he shall be arrested; shall receive
a hundred lashes; shall be branded as an infamous witness; and shall
never again be permitted to testify in court. And, as has been provided
by a former law relating to perjury, a fourth part of his property
shall be given, by order of the judge, to him whom he attempted to
defraud.