Contents
| BOOK I. | ||
|---|---|---|
| CONCERNING LEGAL AGENCIES. | ||
| Title I.—The Lawmaker. | ||
| Page | ||
| I. | What the Method of Making Laws Should Be | 1 |
| II. | How the Lawmaker Should Act | 2 |
| III. | What Should be Required of the Lawmaker | 2 |
| IV. | What the Conduct of the Lawmaker Should Be in his Daily Life | 2 |
| V. | How the Lawmaker Should Impart Advice | 3 |
| VI. | What Manner of Speech the Lawmaker Should Use | 3 |
| VII. | How the Lawmaker Should Act in Rendering Judgment | 3 |
| VIII. | How the Lawmaker Should Comport Himself in Public and Private Affairs | 3 |
| IX. | What Instruction it is Fitting That the Lawmaker Should Give | 4 |
| Title II.—The Law. | ||
| I. | What the Lawmaker Should Observe in Framing the Laws | 5 |
| II. | What the Law Is | 5 |
| III. | What the Law Does | 5 |
| IV. | What the Law Should Be | 5 |
| V. | Why the Law is Made | 6 |
| VI. | How the Law Should Triumph over Enemies | 6 |
| BOOK II. | ||
| CONCERNING THE CONDUCT OF CAUSES. | ||
| Title I.—Concerning Judges, and Matters to be Decided in Court. | ||
| I. | When Amended Laws Should come in Force | 11 |
| II. | The Royal Power, as well as the Entire Body of the People should be Subject to the Majesty of the Law | 12 |
| III. | It is Permitted to No One to be Ignorant of the Law | 13 |
| IV. | The Business of the King shall First be Considered, then that of the People | 13 |
| V. | How the Avarice of the King should be Restrained in the Beginning, and How Documents Issued in the Name of the King should be Drawn Up | 14 |
| VI. | Concerning Those who Abandon the King, or the People, or their Country, or who Conduct themselves with Arrogance | 17 |
| VII. | Of Incriminating the King, or Speaking Ill of Him | 19 |
| VIII. | Of Annulling the Laws of Foreign Nations | 20 |
| IX. | No One shall presume to have in his Possession another Book of Laws except this which has just been Published | 20 |
| X. | Concerning Feast Days and Festivals, during which No Legal Business shall be Transacted | 21 |
| XI. | No Cause shall be Heard by the Judges which is not Sanctioned by the Law | 22 |
| XII. | When Causes have once been Determined, at no Time shall They be Revived, but They shall be Disposed of according to the Arrangement of this Book; the Addition of Other Laws being One of the Prerogatives of the King | 23 |
| XIII. | It Shall be Lawful for No One to Hear and Determine Causes except Those Whom either the King, the Parties by Voluntary Consent, or the Judge, shall have Invested with Judicial Powers | 23 |
| XIV. | What Causes shall be Heard, and to what Persons Causes shall be Assigned for a Decision | 24 |
| XV. | Judges Shall Decide Criminal as well as Civil Causes | 24 |
| XVI. | Concerning the Punishment of Those who Presume to Act as Judges, Who have not been Invested with Judicial Power | 24 |
| XVII. | Concerning Those who Ignore the Letters of the Judge, or His Seal, Calling Them to Court | 25 |
| XVIII. | Where a Judge Refuses to Hear a Litigant, or Decides Fraudulently or Ignorantly | 27 |
| XIX. | Where a Judge, either through Convenience to Himself or through Want of Proper Knowledge, Decides a Cause Improperly | 28 |
| XX. | Where a Judge, either through Deceit or Cunning, imposes Needless Costs upon Either or Both the Parties to a Suit | 29 |
| XXI. | What, First of All, a Judge should be Familiar With, in order that he May Understand a Case | 29 |
| XXII. | Where the Integrity of a Judge is said to be Suspected by Anyone of Honorable Rank, or where a Judge presumes to render a Decision Contrary to Law | 30 |
| XXIII. | How a Judge should render Judgment | 31 |
| XXIV. | Concerning the Emoluments and the Punishment of the Judge, and of the Bailiff | 32 |
| XXV. | Everyone who is Invested with Judicial Power shall Legally bear the Title of Judge | 33 |
| XXVI. | Every Bond which is Exacted by a Judge, after an Unjust Decree, shall be held Invalid | 34 |
| XXVII. | An Unjust Decree, or an Unjust Interpretation of the Law, Prompted by Fear of the Throne, or Made by Order of the King, shall be Invalid | 34 |
| XXVIII. | Concerning the Power Conferred upon Bishops, of Restraining Judges who Decide Wrongfully | 35 |
| XXIX. | The Judge, when Inquired of by a Party, should be able to give a Reason for his Decision | 35 |
| XXX. | Concerning the Punishment of Judges who Appropriate the Property of Others | 36 |
| XXXI. | Concerning Those who Treat the Royal Order with Disdain | 36 |
| XXXII. | How the Judge should Inquire into Causes by the Ordeal of Hot Water | 37 |
| Title II.—Concerning Causes. | ||
| I. | No One can Refuse to Answer because the Plaintiff Never Presented his Claim to Him | 38 |
| II. | The Court must be Disturbed by no Clamor or Tumult | 38 |
| III. | Where there are Many Litigants, Two may be Chosen who shall have Power to carry on the Suit | 39 |
| IV. | Both Parties may be Compelled by the Judge or the Bailiff, to be Present in Court on the Day when the Case is to be Heard | 39 |
| V. | Those whose Affairs have been brought before a Tribunal for a Decision, shall under no Circumstances enter into a Compromise before the Case has been Decided | 40 |
| VI. | Both Parties shall be Required to Furnish Testimony | 41 |
| VII. | Concerning the Journey which Anyone Compels an Innocent Person to Make | 42 |
| VIII. | Where Anyone Residing in the District of one Judge has a Cause of Action against a Party Living in the District of another Judge | 42 |
| IX. | Concerning Those who Venture to Defend the Suits of Others | 44 |
| X. | No Freeman shall Refuse to Answer the Slave of another in Court | 45 |
| Title III.—Concerning Constituents and Commissions. | ||
| I. | Princes and Bishops should not Conduct their Cases in Court in Person, but through their Subjects or Subordinates | 47 |
| II. | The Judge must inquire of a Litigant, whether the Suit brought by Him is his Own, or that of Another | 48 |
| III. | He who cannot conduct his Cause Himself must give Written Authority to his Attorney | 48 |
| IV. | Torture shall in no Case be inflicted upon Persons of Noble Birth who are acting as Representatives of Others; and, In what way, a Freeman of the Lower Class, or a Slave, may be subjected to Torture | 49 |
| V. | If He who has Appointed an Attorney Suffers Delay, He can revoke his Commission | 50 |
| VI. | It shall not be Lawful for a Woman to Act as an Attorney, but She may Conduct her Own Case in Court | 50 |
| VII. | The Constituent shall receive the Benefit, and bear the Loss, resulting from Proceedings Instituted by his Attorney | 51 |
| VIII. | If an Attorney should die, his Heirs shall be entitled to his Fees | 51 |
| IX. | What Persons those in Power, and those that are Poor, may appoint to Conduct their Cases | 52 |
| X. | Those who have Charge of the Royal Treasury, when the Suit is brought for its Benefit, have authority to appoint whom they wish to represent them | 52 |
| Title IV.—Concerning Witnesses and Evidence. | ||
| I. | Concerning Persons who are not Permitted to Testify | 54 |
| II. | Witnesses shall not Testify except under Oath; Where both parties offer Witnesses which shall be Believed; and Where a Witness Testifies Falsely | 54 |
| III. | Where a Witness Testifies Orally, and Written Evidence Contradicts Him | 54 |
| IV. | A Slave shall not be Believed unless he Belongs to the Crown; and When Royal Slaves shall be Believed | 56 |
| V. | A Witness shall not give his Testimony in Writing, but Orally, and How Testimony should be Given | 57 |
| VI. | Concerning Those who give False Testimony | 58 |
| VII. | Concerning Those who are Proved to have given False Testimony; and Concerning the Space of Six Months in which a Witness may be Declared Infamous. It shall not be Lawful to give Testimony concerning One who is Dead | 58 |
| VIII. | Concerning Those who Induce Others to give False Testimony, or Encourage the Slaves of Others to Seek their Liberty | 60 |
| IX. | In what Causes Slaves can Testify | 61 |
| X. | Concerning Those who Bind Themselves in Writing, not to give True Testimony in the Cause of Others | 62 |
| XI. | At what Age Minors can Testify | 62 |
| XII. | A Near Relative or a Kinsman of a Party to a Suit, cannot give Testimony against a Stranger | 62 |
| Title V.—Concerning Valid and Invalid Documents and How Wills Should be Drawn Up. | ||
| I. | What Documents are Valid in Law | 64 |
| II. | No Witness shall Testify as to the Contents of a Document of which He is Ignorant | 64 |
| III. | Concerning the Drawing Up of Contracts, and Other Legal Documents | 65 |
| IV. | Neither Children, nor Other Heirs, shall contest the Final Disposition of Property by their Ancestors | 65 |
| V. | Concerning the Penalties to which those are Liable who attempt to Repudiate their Written Contracts | 65 |
| VI. | Contracts and Agreements made by Slaves are Invalid, unless Ordered by Their Masters | 65 |
| VII. | Concerning Dishonorable and Illegal Contracts | 66 |
| VIII. | No One shall be Liable in Person or Property, under the Terms of any Contract, where Deception has been Practised; nor shall He be Liable to any Penalty provided by the same | 66 |
| IX. | Every Obligation, or Contract, which has been Extorted by Force, or Fear, shall be Void | 66 |
| X. | What Contracts entered into by Minors shall be Valid | 66 |
| XI. | How Wills shall be Drawn Up and Proved | 67 |
| XII. | How the Wills of those who Die during a Journey shall be Proved | 68 |
| XIII. | A Will must be Published in the Presence of a Priest, or of Witnesses, within Six Months | 69 |
| XIV. | Concerning the Comparison of Handwriting where Doubt attaches to any Document | 69 |
| XV. | Concerning Holographic Wills | 70 |
| XVI. | Concerning the Comparison of Documents, and the Infliction of Penalties prescribed by Wills | 70 |
| XVII. | No Testator shall be Permitted to Dispose of Property in One Way, in the Presence of Witnesses, and in Another by a Written Will | 72 |
| BOOK III. | ||
| CONCERNING MARRIAGE. | ||
| Title I.—Concerning Nuptial Contracts. | ||
| I. | Marriage shall not be Entered Into without a Dowry | 75 |
| II. | It shall be as Lawful for a Roman Woman to Marry a Goth, as for a Gothic Woman to Marry a Roman | 76 |
| III. | Where a Girl Marries against the Will of her Father, while she is Betrothed to Another | 76 |
| IV. | When a Gift is made by way of Pledge, a Nuptial Contract cannot be Rescinded | 77 |
| V. | Women Advanced in Years shall not Marry Young Men | 77 |
| VI. | What Property the Dowry shall consist of | 79 |
| VII. | The Father shall Exact, and Keep, the Dowry of his Daughter | 79 |
| VIII. | In case of the Death of the Father, the Disposition of the Children of both Sexes, in Marriage, shall belong to the Mother | 81 |
| IX. | Where Brothers Defer the Marriage of their Sister, or Where a Girl Marries Beneath her Station | 81 |
| X. | Where the Items of a Dowry, relating to any kind of Property, are reduced to Writing, it shall not be Contested | 82 |
| Title II.—Concerning Unlawful Marriages. | ||
| I. | Where a Woman Marries within a Year after the Death of her Husband | 83 |
| II. | Where a Freeborn Woman Marries a Slave, or her own Freedman | 83 |
| III. | Where a Freeborn Woman Marries the Slave of Another, or a Freeborn Man the Female Slave of Another | 84 |
| IV. | Where a Freedwoman, or a Freedman, Marries the Slave of Another | 85 |
| V. | Where Anyone gives in Marriage his Slave, of Either Sex, to the Slave of Another | 85 |
| VI. | Where a Woman contracts a Second Marriage in the Absence of her Husband | 86 |
| VII. | Where a Master Marries one of his Slaves to a Freewoman declaring him to be a Freeman | 86 |
| VIII. | Where a Freewoman Marries without the Consent of her Parents | 87 |
| Title III.—Concerning the Rape of Virgins, or Widows. | ||
| I. | Where a Freeman carries off a Freewoman by Force, he shall not be permitted to Marry her, if she was a Virgin | 88 |
| II. | Where Parents remove their Daughter from the Power of a Ravisher | 89 |
| III. | Where the Parents of a Girl, who has been Betrothed, consent that she should be Carried Away by Another | 90 |
| IV. | Where Brothers, either during the Life of their Father, or after his Death, consent that Anyone should Carry Away their Sister by Force | 90 |
| V. | Where Anyone Carries Away by Violence a Woman who was Betrothed to Another | 90 |
| VI. | Where a Ravisher is Killed | 91 |
| VII. | Within what Time it is Lawful to Prosecute a Ravisher; and Whether any Marriage Contract can be entered into with Him by the Girl or her Parents | 91 |
| VIII. | Where a Slave carries off a Freewoman by Force | 92 |
| IX. | Where a Slave carries off a Freedwoman by Force | 92 |
| X. | Where a Slave carries off the Female Slave of Another by Force | 92 |
| XI. | Concerning those who Deceive Girls, or the Wives of Others, or Widows; and Concerning those who Compel by Force, and without the Royal Command, any Freeborn Girl or Widow to take a Husband | 93 |
| XII. | Concerning Freemen and Slaves who are Proved to have been Implicated in the Crime of Rape | 93 |
| Title IV.—Concerning Adultery. | ||
| I. | Where a Woman Commits Adultery, with or without the Connivance of her Husband | 95 |
| II. | Where a Girl or a Woman who has been Betrothed, is found Guilty of Adultery | 95 |
| III. | Concerning the Adultery of a Wife | 96 |
| IV. | Where an Adulterer, along with an Adulteress, are Killed | 96 |
| V. | Where her Father, or her Relatives, Kill a Girl who has been Guilty of Adultery in their House | 96 |
| VI. | It is not Lawful for Slaves to put Persons to Death who are taken in Adultery | 97 |
| VII. | Where a Girl, or a Widow, goes to the House of Another, in order to Commit Adultery, and the Man should wish to Marry Her | 97 |
| VIII. | Where a Freeborn Woman commits Adultery with Anyone | 97 |
| IX. | Where a Freeborn Woman commits Adultery with the Husband of Another | 98 |
| X. | Slaves of Both Sexes may be Tortured to Reveal the Adultery of their Masters | 98 |
| XI. | Whether it shall be Lawful to set a Slave at Liberty, in order to Conceal the Crime of Adultery | 98 |
| XII. | Concerning the Property of Persons who have Committed Adultery | 99 |
| XIII. | Concerning those Persons who have a Right to bring Accusations of Adultery, and what Proof of the Crime should be Made | 100 |
| XIV. | Where a Freedman, or a Slave, has been Convicted of having committed Adultery, with Violence, upon a Freeborn Virgin, or Widow | 101 |
| XV. | Where a Freeman, or a Slave, without the Knowledge his Master, commits Adultery with the Female Slave of Another | 102 |
| XVI. | Where a Female Slave is proved to have committed Adultery with Another by Force | 102 |
| XVII. | Concerning Freeborn Women, or Female Slaves, of Bad Character, and Where Judges Refuse to Investigate, or Punish their Crimes | 102 |
| XVIII. | Concerning the Impurity of Priests and other Ministers of Religion | 104 |
| Title V.—Concerning Incest, Apostacy, and Pederasty. | ||
| I. | Concerning Incestuous and Adulterous Marriages in General | 106 |
| II. | Concerning Incestuous and Adulterous Marriages and Debauchery, either with Holy Virgins, or with Widows and other Women while doing Penance | 107 |
| III. | Concerning Men and Women who Illegally Assume the Tonsure and Dress of Religious Orders | 108 |
| IV. | Concerning the Restraint of Fraud Peculiar to Widows | 109 |
| V. | Concerning Pederasty | 110 |
| VI. | Concerning Sodomy, and the Manner in which the Law should be Enforced | 111 |
| VII. | Concerning Adultery committed with the Concubine of a Father or a Brother | 111 |
| Title VI.—Concerning Divorce, and the Separation of Persons who have been Betrothed. | ||
| I. | Where a Woman, justly or unjustly, is Separated from her Husband | 113 |
| II. | There shall be No Divorce between Married Persons | 114 |
| III. | There shall be No Divorce between Persons who are Betrothed | 116 |
| BOOK IV. | ||
| CONCERNING NATURAL LINEAGE. | ||
| Title I.—Concerning the Degrees of Relationship. | ||
| I. | The Nature of the First Degree | 117 |
| II. | The Affinity of the Second Degree | 117 |
| III. | The Relationship of the Third Degree | 118 |
| IV. | The Consanguinity of the Fourth Degree | 118 |
| V. | The Origin of the Fifth Degree | 118 |
| VI. | The Limits of the Sixth Degree | 119 |
| VII. | The Persons in the Seventh Degree who are not Mentioned by the Laws | 119 |
| Title II.—Concerning the Laws of Inheritance. | ||
| I. | Brothers and Sisters shall Share Equally in the Inheritance of their Parents | 121 |
| II. | The Children shall Come First in the Order of Succession | 121 |
| III. | Where there are no Heirs in the Direct Line, Collateral Heirs shall Inherit the Property | 121 |
| IV. | Who shall Succeed to the Property of Those who have left no Written Wills, or have made no Disposition of their Possessions in the Presence of Witnesses | 121 |
| V. | Concerning Inheritance by Brothers and Sisters, and by such of these as are not descended from the same Parents | 122 |
| VI. | Where he who Dies leaves Grandfathers or Grandmothers | 122 |
| VII. | Where he who Dies leaves Aunts | 122 |
| VIII. | Where he who Dies leaves Nephews | 122 |
| IX. | A Woman shall be entitled to a Share in an Entire Inheritance | 123 |
| X. | As a Woman has a Right to a Share of an Entire Inheritance, so he who is next in Succession shall inherit the Remainder of the Property | 123 |
| XI. | Concerning the Inheritance of Husband and Wife, Respectively | 123 |
| XII. | Concerning the Inheritance of Property from Clerks and Monks | 123 |
| XIII. | After the Death of their Mother, Children shall remain under Control of their Father; and What Disposition he shall make of their Property | 123 |
| XIV. | Where a Mother remains a Widow, she shall have an Equal Portion of the Inheritance with her Children; and How a Mother ought to Dispose of the Property of her Children | 125 |
| XV. | No Wife can lay Claim to what her Husband has Gained by the Labor of her Slaves | 126 |
| XVI. | Concerning such Property as the Husband and Wife together have Accumulated during their Married Life | 126 |
| XVII. | In what way a Child may Inherit Property | 127 |
| XVIII. | How the Parents of a Child can Inherit from Him | 128 |
| XIX. | Concerning Posthumous Children | 129 |
| XX. | He who leaves no Children, has full Power to Dispose of his Property as he Pleases | 130 |
| Title III.—Concerning Wards and Their Guardians. | ||
| I. | What a Minor Is | 131 |
| II. | From what date Time is to be Computed in Bringing Lawsuits relating to Minors | 131 |
| III. | How the Guardianship of Wards should be Entered upon; what Portion of their Property they shall Receive, and what Portion shall be given to their Guardians | 132 |
| IV. | Guardians shall have no Right to Exact from Wards in their Charge any Instruments in Writing whatever | 133 |
| Title IV.—Concerning Foundlings. | ||
| I. | Where anyone Casts Away, or Abandons, a Freeborn Child, he shall Serve as its Slave | 135 |
| II. | Where a Male or Female Slave shall be Proved to have Cast Away a Child, with or without the Knowledge of his or her Master | 135 |
| III. | What Compensation for Support anyone shall Receive for the Bringing up of a Child Committed to his Care by its Parents | 136 |
| Title V.—Concerning Such Property as is Vested by the Laws of Nature. | ||
| I. | Concerning the Disinheriting of Children; and What Disposition Parents should make of their Property | 137 |
| II. | What Part of her Dowry a Woman has a Right to Bequeath | 139 |
| III. | What Property Parents should Bestow upon their Children, at the Time of their Marriage | 140 |
| IV. | Concerning Children Born of Different Parents; and What Distinctions Parents may Make in the Disposition of their Estates | 141 |
| V. | Concerning such Property as Children may have Acquired during the Lives of their Parents | 142 |
| BOOK V. | ||
| CONCERNING BUSINESS TRANSACTIONS. | ||
| Title I.—Ecclesiastical Affairs. | ||
| I. | Concerning Donations to the Church | 143 |
| II. | Concerning the Preservation and Restoration of Property Belonging to the Church | 144 |
| III. | Concerning Sales and Gifts of Church Property | 144 |
| IV. | Concerning Church Property in Charge of Those Devoted to the Service of the Church | 145 |
| V. | Concerning the Repairs of Churches, and Divers Other Matters | 145 |
| VI. | Concerning the Arbitrary Conduct of Bishops | 147 |
| VII. | Emancipated Slaves of the Church, who are still Bound to Render it Service, shall not be Permitted to Marry Persons who are Freeborn | 150 |
| Title II.—Concerning Donations in General. | ||
| I. | A Donation Extorted by Violence is Void | 152 |
| II. | Concerning Royal Donations | 152 |
| III. | Concerning Property Given to a Husband or a Wife by the King | 152 |
| IV. | Concerning Property, in Addition to the Dowry, Given to a Wife by her Husband | 153 |
| V. | Concerning Property Given to a Husband by his Wife; and Where a Wife has been Convicted of Adultery | 153 |
| VI. | Concerning Property Donated Verbally, or Conveyed by Instruments in Writing | 154 |
| VII. | Concerning Gifts Bestowed upon one Another by Husband and Wife | 155 |
| 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 | 156 |
| II. | Concerning Arms given to Bailiffs who have been Appointed for the Defence of Anyone, and the Acquisitions of said Bailiffs | 158 |
| III. | Concerning Property Acquired through the Appointment of a Patron, or which has been Donated by Him | 158 |
| IV. | Concerning Property Accepted and Acquired through the Office of Patron | 158 |
| Title IV.—Concerning Exchanges and Sales. | ||
| I. | What Constitutes a Valid Exchange, and what a Valid Purchase | 160 |
| II. | If the Vendor is not a Person of Good Character, he must give a Surety | 160 |
| III. | Any Sale made under Compulsion shall be Void | 160 |
| IV. | In Case the Price should not be Paid, after Earnest Money has been Given | 160 |
| V. | Where only Part of the Price is Paid | 161 |
| VI. | Where Fraud is Committed in Stating the Price of whatever is Sold | 161 |
| VII. | Where Anyone says that he Sold his Property for Less than it was Worth | 161 |
| VIII. | Concerning Those who Sell, or Give Away, the Property of Others | 162 |
| IX. | It shall not be Lawful to Sell, or Give Away, Property whose Ownership is in Dispute | 162 |
| X. | Where a Freeman Allows Himself to be Sold | 162 |
| XI. | Concerning Free Men and Free Women sold by Slaves or Freemen | 163 |
| XII. | It shall be Illegal for Parents to Sell their Children or, by any Contract whatsoever, to Place Them in the Power of Others | 163 |
| XIII. | Concerning Sales by Slaves | 164 |
| XIV. | Where a Slave, who has been Sold, Accuses his Former Master of Crime | 165 |
| XV. | A Master may Claim the Property of a Slave whom he has Sold | 165 |
| XVI. | Whether a Slave may be Redeemed with his own Private Property | 166 |
| XVII. | No One, against his Will, shall be Compelled to Sell his Slaves | 166 |
| XVIII. | Where a Slave, on Account of a Crime he has Committed, is Transferred to the Possession of Another | 167 |
| XIX. | Concerning Property Belonging to Private Persons, and to the Courts, which may not be Alienated | 167 |
| XX. | Where Anyone Sells or Gives Away Property, whose Possession should first have been Transferred by Judicial Decree | 169 |
| XXI. | Of Slaves Captured and Sold by the Enemy | 169 |
| XXII. | For what Price this Book shall be Bought | 169 |
| Title V.—Concerning Property Committed to the Charge of, or Loaned to, Another. | ||
| I. | Concerning Animals Hired to Another | 171 |
| II. | Concerning Animals Loaned for the Purpose of Labor | 172 |
| III. | Concerning Things which have been Loaned, and afterwards Destroyed by Fire, or Lost by Theft | 172 |
| IV. | Concerning Lost Money, and the Interest on the Same | 173 |
| V. | Concerning Property Committed to the Charge of Another, and Lost by Accident at Sea | 173 |
| VI. | Concerning Property Entrusted to a Slave without his Master’s Knowledge | 174 |
| VII. | Where a Slave Fraudulently Demands Property Entrusted by his Master to Another | 174 |
| VIII. | Concerning Legal Interest | 175 |
| IX. | What shall be Paid for the Use of Fruits of the Soil | 175 |
| X. | Who are Entitled to Wills, or Instruments in Writing, which have been Entrusted to the Keeping of Anyone | 176 |
| Title VI.—Concerning Pledges and Debts. | ||
| I. | Where Articles are not Pledged | 177 |
| II. | Where Pledges are Deposited, and afterwards Stolen | 177 |
| III. | Where Articles are Pledged as Security for Debts | 177 |
| IV. | Where a Pledge is not Restored when the Debt is Paid | 178 |
| V. | Where a Person is Liable for many Debts, or has Committed many Crimes | 179 |
| VI. | In what way the Debt of a Person who is Dead, or any Injury he has Committed, shall be Inquired into | 180 |
| 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 | 182 |
| II. | Where a Slave Belonging to One, or to Several Persons, is set at Liberty | 182 |
| III. | Concerning Those who Declare that they are Free | 183 |
| IV. | Whether he who is enjoying Liberty, can be Returned to Slavery | 183 |
| V. | Whether he who is sought to be Returned to Slavery, can be Deprived of any of his Property | 183 |
| 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 | 184 |
| VII. | Where anyone, Influenced by Fear, Asserts that he is a Slave | 184 |
| VIII. | Where a Freeman is Claimed as a Slave; or Where a Slave Declares Himself to be Free | 184 |
| IX. | For what Reasons Freedom, once Given, shall be Revoked | 185 |
| X. | Where a Freedman Inflicts Injury upon him who Gave him his Freedom | 185 |
| XI. | A Freedman shall not be Permitted to give Testimony against his Former Master, or against the Children of the Latter | 186 |
| XII. | Freedmen shall not be Permitted to Testify in Court | 186 |
| XIII. | Concerning the Disposition of the Property of a Person who has been set Free, should he Die without Leaving Legitimate Children | 186 |
| XIV. | Concerning the Conditions Imposed by a Master, where Slaves are Liberated by an Instrument in Writing | 187 |
| XV. | Concerning the Liberation of Slaves belonging to the Crown | 188 |
| XVI. | Concerning the Property of Slaves belonging to the Crown, who have been Liberated | 188 |
| XVII. | Neither Freedmen, nor their Descendants, shall either Marry into, or Act Insolently towards, the Family of their Patron | 189 |
| XVIII. | Freedmen who have Entered any Religious Order, shall not be Returned to the Service of their Masters | 190 |
| 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 | 190 |
| XX. | Concerning Freedmen who are Guilty of Transgressions | 191 |
| BOOK VI. | ||
| 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 | 193 |
| II. | For what Offences, and in what Manner, Freeborn Persons shall be put to the Torture | 194 |
| 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 | 196 |
| IV. | For what Offences, and in what manner, a Slave, or a Freedman, shall be Tortured | 197 |
| V. | In what way an Accusation shall be Brought to the Notice of the King | 200 |
| VI. | How Kings should Practise the Duties of Mercy | 201 |
| VII. | He Alone shall be Considered Guilty who Committed the Crime | 201 |
| 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 | 203 |
| II. | Concerning Poisoners | 204 |
| III. | Concerning Malefactors and their Advisers | 204 |
| IV. | Concerning Those who are Guilty of any Illegal Acts, or any Injury, towards Men, Animals, or any Kind of Property Whatsoever | 205 |
| Title III.—Concerning Abortion. | ||
| I. | Concerning Those who Administer Drugs for the Production of Abortion | 206 |
| II. | Where a Freeborn Man Causes a Freeborn Woman to Abort | 206 |
| III. | Where a Freeborn Woman Causes another Freeborn Woman to Abort | 207 |
| IV. | Where a Freeborn Man Produces Abortion upon a Slave | 207 |
| V. | Where a Slave Produces Abortion upon a Freeborn Woman | 207 |
| VI. | Where a Slave Produces Abortion upon a Female Slave | 207 |
| VII. | Concerning Those who Kill their Children before, or after, they are Born | 207 |
| Title IV.—Concerning Injuries, Wounds, and Mutilations, Inflicted upon Men. | ||
| I. | Concerning the Injury of Freemen and Slaves | 209 |
| II. | Concerning Insolent Persons and their Acts | 210 |
| III. | Concerning the Law of Retaliation, and the Amount to be Paid in Lieu of the Enforcement of said Law | 211 |
| IV. | Where a Person Deprives a Traveler of his Liberty, against the Will of the Latter, and with Intent to do him Injury | 214 |
| V. | He who Violates the Law by Inflicting Injury upon Another, shall undergo the same Punishment which he Himself Inflicted | 215 |
| VI. | He shall not be Considered Guilty who Struck Another, when the Latter was about to Strike Him | 215 |
| VII. | Where a Slave Insults a Freeborn Person | 216 |
| VIII. | Where one Freeborn Person Strikes Another | 216 |
| IX. | Where the Slave of Another is Mutilated by a Freeborn Person | 216 |
| X. | Where a Slave Strikes a Freeborn Person | 217 |
| XI. | Where One Slave Mutilates Another Slave | 217 |
| Title V.—Concerning Homicide. | ||
| I. | Where One Kills Another without Knowing it | 218 |
| II. | Where One Kills Another without Seeing Him | 219 |
| III. | Where One, being Pushed, Kills Another | 219 |
| IV. | Where One, Seeking to Strike Another, Kills a Third Person | 219 |
| V. | Where One is Killed while Interfering in a Quarrel | 220 |
| VI. | Where One, Intending to Inflict a Slight Injury, Kills Another | 220 |
| VII. | Where One, in Sport, or Recklessly, Kills Another | 220 |
| VIII. | Where One Kills Another through Immoderate Punishment | 221 |
| IX. | Where a Freeman Kills a Slave by Accident | 221 |
| X. | Where a Slave Kills a Freeman by Accident | 221 |
| XI. | Where One Man Intentionally Kills Another | 221 |
| XII. | No Master shall Kill his Slave without Good Reason; and Where One Freeman Kills Another | 222 |
| XIII. | No One shall Deprive a Male or Female Slave of a Limb | 225 |
| XIV. | Any Person may bring an Accusation of Homicide | 226 |
| XV. | Both Relatives and Strangers have a Right to Accuse a Person of Homicide | 227 |
| XVI. | Where a Homicide Takes Refuge in a Church | 227 |
| XVII. | Concerning Parricides, and the Disposition of their Property | 228 |
| XVIII. | Concerning Those who Kill Others Related to Them by Blood | 229 |
| XIX. | Where One Blood-Relative is Accidentally Killed by Another | 230 |
| XX. | Where One Slave Kills Another by Accident | 230 |
| XXI. | Concerning those who Destroy their Souls by Perjury | 230 |
| BOOK VII. | ||
| CONCERNING THEFT AND FRAUD. | ||
| Title I.—Concerning Informers of Theft. | ||
| I. | Concerning Informers and Persons who give Information of Theft | 233 |
| II. | A Slave, Acting as Informer, must not be Believed, unless the Testimony of his Master is also Given | 234 |
| III. | Where the Informer Knew of the Commission of the Theft | 284 |
| IV. | Concerning the Compensation of an Informer | 235 |
| V. | Where an Innocent Person is Accused of Crime by an Informer | 235 |
| Title II.—Concerning Thieves and Stolen Property. | ||
| I. | He who is Searching for Stolen Property must Describe it | 238 |
| II. | Where a Slave Commits a Theft Before or After he has Received his Freedom | 238 |
| III. | Where a Slave, who has Become the Property of Another Master, Commits an Unlawful Act | 238 |
| IV. | Where a Freeman Commits a Theft in Company with the Slave of Another Person | 239 |
| V. | Where a Master Commits a Theft in Company with his Slave | 239 |
| VI. | Where a Slave, Belonging to Another Person, is Instigated by Anyone to the Commission of Unlawful Acts | 239 |
| VII. | Concerning Those who Knowingly Associate with Thieves | 240 |
| VIII. | Where Anyone, Ignorantly, Buys Stolen Property of a Thief | 240 |
| IX. | Where Anyone, Knowingly, Buys Stolen Property of a Thief | 241 |
| X. | Concerning Money, and Other Property, Stolen from the King | 241 |
| XI. | Concerning the Stealing of Bells from Cattle | 241 |
| XII. | Concerning the Theft of Mill Machinery | 242 |
| XIII. | Concerning the Punishment of a Thief | 242 |
| XIV. | A Thief, when Taken, shall be Brought Before the Judge; and Where a Freeman Commits a Theft in Company with a Slave, Both shall Undergo the Same Penalty | 242 |
| XV. | Where a Thief, Defending Himself with a Sword, is Killed | 243 |
| XVI. | Where a Thief is Killed at Night, while he is Being Taken | 243 |
| XVII. | Concerning Property Injured or Destroyed; and the Reparation to be Made for what has been Damaged or Stolen | 243 |
| XVIII. | Concerning Property Rescued from Shipwreck | 243 |
| XIX. | Concerning the Property and the Heirs of Thieves | 244 |
| XX. | Concerning Those who Rescue Thieves and Other Criminals, after their Capture | 244 |
| XXI. | Where a Slave Steals from his Master, or from a Fellow-Slave | 245 |
| XXII. | Within what Time, after his Arrest, a Thief must be Brought Before the Judge | 245 |
| XXIII. | Where Anyone Secretly Kills an Animal Belonging to Another | 246 |
| Title III.—Concerning Appropriators and Kidnappers of Slaves. | ||
| I. | Where Anyone Seizes the Slave of Another | 247 |
| II. | Where a Freeman is Convicted of Having Stolen the Male or Female Slave of Another | 247 |
| III. | Concerning Kidnapped Children of Freeborn Persons | 248 |
| IV. | Where one Slave Kidnaps Another Belonging to a Person not his Master | 248 |
| V. | Where a Slave, at the Command of his Master, Kidnaps a Freeborn Person | 249 |
| VI. | Where a Slave, without the Knowledge of his Master, Kidnaps a Freeborn Person | 249 |
| Title IV.—Concerning the Custody and Sentence of Condemned Persons. | ||
| I. | Where a Judge is Asked to Punish Crime, and is Afterwards Treated with Contempt | 250 |
| II. | The Governor of the City shall Aid the Judge in the Arrest of Persons Accused of Crime | 250 |
| III. | Where a Person Breaks out of Prison, or Influences the Jailer for that Purpose | 251 |
| IV. | Concerning the Compensation which may be Received from those in Custody | 251 |
| V. | Where a Judge who is Lenient to Offenders Against the Law, Releases a Criminal | 252 |
| VI. | Concerning the Punishment of a Judge who Improperly Discharges a Criminal | 252 |
| VII. | A Person Guilty of Crime shall receive the Sentence of the Law not Secretly, but in Public | 252 |
| Title V.—Concerning Forgers of Documents. | ||
| I. | Concerning Those who Forge Royal Orders and Mandates | 253 |
| II. | Concerning Those who Forge Documents, or Attempt to Forge Them | 254 |
| III. | Concerning Those who Forge, or Serve, False Orders in the Name of the King, or a Judge | 255 |
| IV. | Concerning Those who Falsify a Will against the Consent of a Party while Living, or Disclose the Contents of the Same | 256 |
| V. | Concerning Those who Attempt to Forge, or Conceal, the Will of a Person Already Deceased | 256 |
| VI. | Where Anyone Assumes a Fictitious Name, or Adopts a False Lineage or Relationship | 256 |
| VII. | Concerning Documents Fraudulently Dated, Prior to their Execution | 257 |
| VIII. | Concerning Later Documents Fraudulently Executed | 258 |
| IX. | Concerning those who Falsely Write, or Publish, Decrees and Edicts of the King | 259 |
| Title VI.—Concerning Counterfeiters of Metals. | ||
| I. | Concerning the Torture of Slaves, in Order to Convict their Masters of Counterfeiting Money; and the Reward of Witnesses who have given Information of the Same | 261 |
| II. | Concerning Those who Debase Solidi, or Other Coins | 261 |
| III. | Concerning Those who Debase Gold by a Mixture of Other Metals | 262 |
| IV. | Where Artificers of Metals are Found to have Abstracted a Portion of what was Entrusted to Them | 262 |
| V. | No One shall Refuse to Accept a Golden Solidus of Legal Weight | 262 |
| BOOK VIII. | ||
| CONCERNING ACTS OF VIOLENCE AND INJURIES. | ||
| Title I.—Concerning Attacks, and Plunder of Property. | ||
| I. | The Patron, or the Master, shall Alone be Held Guilty, if, by his Orders, a Freeman or a Slave should Commit any Unlawful Act | 264 |
| II. | Where a Party in Possession is Expelled by Force | 264 |
| III. | Where Many Persons Unite in Causing Bloodshed | 264 |
| IV. | Where a Person is Shut up by Violence, Inside his Own House, or Within his Gate | 265 |
| V. | Property, while in the Possession of Another, shall not be Seized, Except Under Legal Process | 266 |
| VI. | Where a Person is Guilty of Asking Others to Commit Depredations | 267 |
| VII. | A House shall not be Entered in the Absence of the Master, or while he is on a Public Expedition | 267 |
| VIII. | Where the Slaves of a Person who is Absent on a Public Expedition Commit Unlawful Acts | 268 |
| IX. | Concerning Those who, while on an Expedition, Commit Robbery or Other Depredations | 268 |
| X. | He in whose Possession Stolen Property has been Found, shall be Compelled to name his associates in the Crime | 269 |
| XI. | Concerning Those who are Guilty of Giving Directions to Others for Purposes of Robbery | 269 |
| XII. | Concerning Those who Rob, or Inflict Annoyance upon Anyone, while he is on a Journey, or at Work in the Country | 269 |
| XIII. | Whether a Person Caught in the Act of Robbery may be Killed | 270 |
| Title II.—Concerning Arson and Incendiaries. | ||
| I. | Concerning Those who set Fire to Houses either Within or Without a City | 271 |
| II. | Where Forests are set on Fire | 272 |
| III. | Where a Conflagration Results from the Smouldering Campfire of a Traveller | 273 |
| Title III.—Concerning Injuries to Trees, Gardens, or Growing Crops of any Description. | ||
| I. | Concerning the Compensation for Cutting Down Trees | 274 |
| II. | Where Anyone Destroys the Garden of Another | 275 |
| III. | Where Injury, or Homicide, Results from the Cutting Down of a Tree | 275 |
| IV. | Where a Tree is Partially Cut Down, or is Injured by Fire | 276 |
| V. | Concerning the Cutting Down, Tearing up, or Burning of Vines; and the Seizure of Growing Crops | 276 |
| VI. | Where Fences are Cut Down, or Burned | 277 |
| VII. | Where Fence Posts are Cut | 277 |
| VIII. | Where Anyone is Caught with a Vehicle, in a Wood Belonging to Another | 278 |
| IX. | Concerning the Unreasonable Enclosure of Orchards, Vineyards and Pastures | 278 |
| X. | Where Animals are Voluntarily Loosed in Fields where there are Crops, or in Vineyards | 278 |
| XI. | Where Animals Damage Growing Crops | 279 |
| XII. | Where an Enclosed Field is Ruined by Flocks | 279 |
| XIII. | Where Fruits of any Kind are Destroyed by Animals | 279 |
| XIV. | Where, while Anyone is Driving Cattle out of Cultivated Fields, Another Person Rescues them, or Takes Possession of them afterwards Secretly or by Force | 280 |
| XV. | Concerning Animals Found in Vineyards, Fields of Grain, or Meadows | 281 |
| XVI. | Where Animals Depart from Fields of Growing Grain Before they are Driven Out | 282 |
| XVII. | Where Anyone Mutilates an Animal found in a Field of Grain | 282 |
| Title IV.—Concerning Injuries to Animals, and Other Property. | ||
| I. | Where a Horse, or any other Animal, which has been Tied Up, is Removed, or Injured, in any Way, Without the Consent of the Owner | 284 |
| II. | Where any Animal which has been Loaned, is Used against the Directions, or Will of the Owner, or is Abused | 285 |
| III. | Where the Mane or Tail of a Horse, or any Other Animal, is cut off by Anyone | 285 |
| IV. | Where Anyone Castrates an Animal Belonging to Another | 285 |
| V. | Where Anyone Produces an Abortion upon a Beast of Burden Belonging to Another | 286 |
| VI. | Where Anyone Produces an Abortion upon any kind of Animal Belonging to Another | 286 |
| VII. | Where Animals of any kind Injure One Another | 286 |
| VIII. | Where a Person Kills an Animal Belonging to Another, whether he has been Injured by said Animal, or Not | 286 |
| IX. | Where an Ox, Belonging to Another, is Used for Labor, without the Consent of its Owner | 287 |
| X. | Where Animals, of any kind, Belonging to Another, are Overworked in the Threshing of Grain | 287 |
| XI. | Where Cattle, which have done no Injury, are Shut Up | 287 |
| XII. | Where an Animal Causes Injury to Anyone | 288 |
| XIII. | Where an Animal is Injured, or Killed, by a Blow | 288 |
| XIV. | Where Cattle, Belonging to Another, with or without the Knowledge of the Owner, are Mingled with the Herd or Flock of the Latter | 288 |
| XV. | Where Anything Intended to Frighten an Animal is Fastened to it, and it should be either Injured, or Killed, in Consequence | 289 |
| XVI. | Where a Vicious Animal, while on the Premises of its Owner, Kills Anyone | 289 |
| XVII. | Where Anyone Rids himself of a Vicious Animal, or Still Retains it in his Possession | 290 |
| XVIII. | Where Anyone Teases an Animal and is Injured by it, he Alone shall be Responsible for the Injury | 290 |
| XIX. | Where a Dog that has been Irritated, whether the Provocation was Wanton or not, is Proved to have Injured, or Killed Anyone | 291 |
| XX. | Concerning a Vicious Dog | 291 |
| XXI. | Concerning Injuries to Clothing | 291 |
| XXII. | Where a Trespasser Falls into a Trap set for Wild Animals | 292 |
| XXIII. | He who sets Snares or Traps for Wild Beasts, must Inform his Neighbors of the Places where said Snares are Set | 292 |
| XXIV. | Concerning Injuries Resulting from the Obstruction of Highways | 293 |
| XXV. | Of the Space that is to be Preserved along Public Highways | 293 |
| XXVI. | Where the Animals of Persons Traversing Fields that are not Enclosed, are Driven Away | 294 |
| XXVII. | Animals Driven along the Highway Cannot be Excluded from Open Pastures | 295 |
| XXVIII. | He who has Land under Cultivation along the Bank of a River, has a Right to Enclose the Same | 295 |
| XXIX. | Concerning the Right to Enclose Streams | 295 |
| XXX. | Concerning Those who Damage Mills, and Ponds | 296 |
| XXXI. | Concerning Those who Steal Water from Streams Belonging to Others | 296 |
| Title V.—Concerning the Pasturage of Hogs, and Concerning Strays. | ||
| I. | Where Hogs are Pastured on Acorns, Either without Authority, or under Contract | 298 |
| II. | Where Hogs are Fed on Acorns on Land Belonging to Several Persons | 299 |
| III. | Where Hogs Turned on Land to be Fed on Acorns, under Contract, are Taken away by Stealth, Before the Tenth Part of said Hogs are Delivered | 299 |
| IV. | Where Hogs are Found Wandering in Woodland | 300 |
| V. | Where a Drove of Animals, of any Kind, Enter upon the Pasture-land of Another Person | 300 |
| VI. | Public Notice shall be given of Strays by him who Finds them | 301 |
| VII. | Whoever Finds any Strays shall take Proper Care of the Same | 301 |
| VIII. | No Stray Animal shall be Either Sheared, Branded, or Appropriated by Anyone | 301 |
| Title VI.—Concerning Bees, and the Damage they Cause. | ||
| I. | Where a Person Finds Bees on his Property | 303 |
| II. | Where Bees Cause any Damage | 303 |
| III. | Concerning the Theft of Bees | 303 |
| BOOK IX. | ||
| CONCERNING FUGITIVES AND REFUGEES. | ||
| Title I.—Concerning Fugitives, and Those who Conceal, and Assist them in Their Flight. | ||
| I. | Where a Freeman or a Slave is Found to have Concealed a Fugitive | 306 |
| II. | Where a Fugitive is Released from his Chains by any Person | 306 |
| III. | Within what Time a Fugitive Slave that has been Found, shall be Produced Before the Judge | 307 |
| IV. | Where Anyone, Ignorantly, Receives a Fugitive Slave, and Cares for Him | 307 |
| V. | Where Anyone Persuades the Slave of Another to Flee, or Shows him Hospitality | 308 |
| VI. | Where a Man, Unknown to be a Slave, is Received by Another, and Remains with him Several Days | 308 |
| VII. | Where a Slave, Knowingly, Directs a Fugitive Slave in his Flight | 309 |
| VIII. | Concerning the Reception of Fugitive Slaves; and Whether a Master or a Slave may receive a Fugitive Slave Belonging to Another | 309 |
| IX. | Where a Fugitive Slave Comes to the House of any Person, Notice of the Fact must be Given to the Neighbors and Authorities of the District | 311 |
| X. | Where a Slave that has been Sold into a Foreign Country, Returns as a Fugitive, and is Sold a Second Time, he shall be Entitled to his Freedom | 311 |
| XI. | Where a Fugitive Slave Takes Refuge with Another Person, an Investigation must be Made, to Ascertain whether he was not Sent by his Master, in Order that the Latter might Receive Compensation from the Person who Received said Slave | 312 |
| XII. | Where a Slave, Falsely Declaring that he is Free, Serves Another for Hire | 312 |
| XIII. | Where a Fugitive Slave is Found in the House of any Person | 313 |
| XIV. | Concerning the Reward for Arresting a Fugitive Slave | 313 |
| XV. | Where a Fugitive Slave Falsely Declares that he is Freeborn | 314 |
| XVI. | Where a Fugitive Slave, Declaring that he is Freeborn, Marries a Freeborn Woman | 314 |
| XVII. | Concerning Property Acquired by Fugitive Slaves | 315 |
| XVIII. | Concerning Those who Refuse to Restore Fugitive Slaves to their Masters | 315 |
| XIX. | Where a Freeman, or a Slave, Undertakes the Concealment of Robbers | 316 |
| XX. | A Judge must Surrender a Fugitive Slave, with all the Property Found in his Possession, to his Master | 316 |
| XXI. | Concerning Fugitive Slaves and those who Shelter Them | 316 |
| Title II.—Concerning Those who Refuse to go to War, and Deserters. | ||
| I. | Where an Officer of the Army, Corrupted by a Bribe, Permits a Soldier to Depart, or does not Compel him to Leave his Home | 320 |
| II. | Where Conscription Officers Appropriate the Property of Those they Call to Arms | 321 |
| III. | Where an Officer of the Army Abandons the War, and Returns Home, or Permits Others to do so | 321 |
| IV. | Where an Officer of the Army, Deserting the Service, Returns Home, or Compels Others to do so | 322 |
| V. | Where a Conscription Officer Receives a Bribe to Permit Soldiers who are not Ill, to Remain at Home | 323 |
| VI. | Concerning those who Appropriate Army Rations, or are Guilty of Fraud in the Distribution of the Same | 323 |
| VII. | What Reward he who Rescues Slaves, or Property, from the Possession of the Enemy, shall be Entitled to | 324 |
| VIII. | What Conduct shall be Pursued when Public Scandal Arises within the Bounds of Spain | 324 |
| IX. | Concerning Those who Fail to Enlist at the Appointed Time or Place, or Desert; and What Proportion of the Slaves Belonging to any Person shall join the Army | 327 |
| Title III.—Concerning Those who Seek Sanctuary in a Church. | ||
| I. | No One, Claiming the Privilege of Sanctuary in a Church, shall be Taken from Thence by Force, Unless he Defends himself with Arms | 331 |
| II. | Where a Person Seeks Sanctuary in a Church, and is Killed, while Defending himself with Arms | 331 |
| III. | Concerning the Penalty for Removing a Man from a Church by Force | 331 |
| IV. | A Debtor, or a Criminal, Cannot be Forcibly Removed from a Church, and must Pay such Debts, or Penalties, as are Due | 332 |
| BOOK X. | ||
| CONCERNING PARTITION, LIMITATION AND BOUNDARIES. | ||
| Title I.—Concerning Partition, and Lands Conveyed by Contract. | ||
| I. | A Partition Once Made, shall Remain Forever in Force | 334 |
| II. | No Partition Made Between Brothers shall be Revoked, Even if it was not Made in Writing but Only in the Presence of a Competent Witness | 334 |
| III. | Where a Partition is Made Among Many Persons by the Majority and those Entitled to the Larger Share, it shall not be Changed by any Act of the Minority | 334 |
| IV. | One Heir shall have the Right to Act for all the Others, either as Plaintiff or Defendant | 335 |
| V. | Where Anyone Violates a Contract Establishing a Partition, and Seizes a Portion of the Property | 335 |
| VI. | Where an Heir Plants a Vineyard, or Erects a House, on Land Belonging to his Co-Heirs | 336 |
| VII. | Where one Person Plants a Vineyard on the Land of Another, to which he has no Title | 336 |
| VIII. | Concerning the Division of Lands Made Between Goths and Romans | 337 |
| IX. | Concerning Forests Still Undivided Among Goths and Romans | 337 |
| X. | Whatever Acts a Slave may Perform, without the Order of his Master, shall be Void, except when Otherwise Provided by Law | 337 |
| XI. | Whoever Enters upon Land under a Lease, must Comply with his Contract | 337 |
| XII. | Where Lands are Leased, by a written Contract, for a Term of Years | 338 |
| XIII. | Where he who Rents Land under Contract, Cultivates a Greater Area than he has a Right to do, under the Conditions of the Same | 338 |
| XIV. | Where a Dispute Arises Between Landlord and Tenant, Concerning Arable Lands, or Forests, which are Leased | 339 |
| XV. | Both Tenants must Pay the Rent for Land which has been Sublet | 339 |
| XVI. | Where Goths have Appropriated any of the Third Part of Land Belonging to Romans, they shall Restore the Entire Amount to the Romans, under Order of Court | 339 |
| XVII. | Concerning the Partition of Property Among the Blood-Relatives of Slaves, and the Distribution of their Personal Estates | 340 |
| XVIII. | All Personal Property shall be Classed under One Title | 341 |
| XIX. | Where a Contract is not Complied With according to its Terms | 341 |
| Title II.—Concerning the Limitations of Fifty and Thirty Years. | ||
| I. | After the Lapse of Fifty Years, Neither Goths nor Romans can Assert a Claim to Property | 343 |
| II. | No Fugitive Slave shall be Again Reduced to Servitude, after the Lapse of Fifty Years | 343 |
| III. | No Suit at Law shall be Brought Thirty Years After the Cause of Action has Arisen | 343 |
| IV. | The Limitation of Thirty Years shall Run in all Cases Excepting those where Slaves of the Crown are Concerned | 344 |
| V. | Concerning Claims made within Thirty Years | 344 |
| VI. | The Limitation of Thirty Years shall not Run while Persons are Exiled | 346 |
| VII. | Within what Time Slaves Belonging to the Crown can Again be Reduced to Slavery | 347 |
| Title III.—Concerning Boundaries and Landmarks. | ||
| I. | How Boundaries and Landmarks shall be Preserved | 348 |
| II. | Concerning the Destruction and Removal of Landmarks | 348 |
| III. | What is to be Done when a Dispute Arises Concerning Boundaries | 348 |
| IV. | Where One Person makes a Claim to Land Included within the Boundaries of Another | 349 |
| V. | Where any Change was made in the Boundaries of Land During the Time of the Romans, no Claim Based upon Other Boundaries shall Prevail | 350 |
| BOOK XI. | ||
| CONCERNING THE SICK AND THE DEAD, AND MERCHANTS WHO COME FROM BEYOND SEAS. | ||
| Title I.—Concerning Physicians and Sick Persons. | ||
| I. | No Physician shall Presume to Bleed a Woman, in the Absence of her Relatives | 353 |
| II. | No Physician shall Visit Persons Confined in Prison | 354 |
| III. | Where a Physician Treats Disease under a Contract | 354 |
| IV. | Where a Sick Person Dies, while a Physician is Treating him under a Contract | 355 |
| V. | Where a Physician Removes a Cataract from the Eye | 355 |
| VI. | Where a Freeman or a Slave Dies from Being Bled | 355 |
| VII. | Concerning the Compensation to be Received for the Instruction of a Student in Medicine | 355 |
| VIII. | No Physician shall be Imprisoned without a Hearing | 355 |
| Title II.—Concerning Those who Disturb Sepulchres. | ||
| I. | Concerning Persons who Deface or Injure Tombs | 356 |
| II. | Where a Coffin is Removed from a Grave | 356 |
| Title III.—Concerning Merchants who Come from Beyond Seas. | ||
| I. | Where Foreign Merchants are Detected Selling Stolen Property | 357 |
| II. | Foreign Merchants shall be Judged by their own Magistrates, and According to their own Laws | 357 |
| III. | Where a Foreign Merchant Carries Away with him, from our Kingdom, a Person whom he has Hired | 358 |
| IV. | Where a Foreign Merchant takes Away a Slave for Purposes of Commerce | 358 |
| BOOK XII. | ||
| CONCERNING THE PREVENTION OF OFFICIAL OPPRESSION, AND THE THOROUGH EXTINCTION OF HERETICAL SECTS. | ||
| Title I.—Concerning the Exercise of Moderation in Judicial Decisions, and the Avoiding of Oppression by Those Invested with Authority. | ||
| I. | Concerning the Admonition of the King, by which Judges are Ordered to Display Moderation in the Administration of Justice | 359 |
| II. | No Official, Invested with Power Over the People and Supervision Over their Acts, shall Subject them to Unnecessary Expense, or Other Impositions | 360 |
| Title II.—Concerning the Eradication of the Errors of all Heretics and Jews. | ||
| I. | Laws Having Been Given to True Believers, it is Now Necessary to Place Restraints upon Infidels | 363 |
| II. | Concerning the Renunciation of the Errors of all Heresies | 364 |
| III. | Concerning the Laws Promulgated on Account of the Wickedness of the Jews | 365 |
| IV. | Concerning the Extirpation of the Errors of the Jews in General | 366 |
| V. | Jews shall not Celebrate the Passover According to their Custom | 367 |
| VI. | Jews shall not Contract Marriage According to their Custom | 367 |
| VII. | Jews shall not Perform the Rite of Circumcision | 367 |
| VIII. | Jews shall not Divide their Food into Clean and Unclean, According to their Custom | 367 |
| IX. | No Jew shall Subject a Christian to Torture | 368 |
| X. | No Jew shall Testify Against a Christian; and Under what Circumstances the Descendants of Jews may Testify | 368 |
| XI. | No Jew shall Circumcise a Christian Slave | 369 |
| XII. | Concerning the Penalties to be Inflicted for Offences Committed by Jews | 369 |
| XIII. | Concerning Christian Slaves who are Known to have been Sold or Liberated by Jews | 369 |
| XIV. | Under no Circumstances shall Christian Slaves Attach themselves to Jews, or be Admitted into their Sect | 371 |
| XV. | All Christians are Forbidden to Defend or Protect a Jew by Either Force or Favor | 374 |
| XVI. | Memorial of the Jews Presented to the King | 375 |
| XVII. | Concerning Judaizing Christians | 376 |
| XVIII. | Concerning the Perfidy of the Jews | 377 |
| Title III.—Concerning New Laws against the Jews, in which Old Ones are Confirmed, and New Ones are Added. | ||
| I. | Concerning Old Laws Enacted Against the Transgressions of the Jews, and the Confirmation of the Same | 382 |
| II. | Concerning Blasphemers Against the Holy Trinity | 384 |
| III. | Jews shall not Absent themselves, or Remove their Children or Slaves, to Avoid the Blessing of Baptism | 385 |
| IV. | Jews shall not Celebrate the Passover According to their Custom, or Practice Circumcision, or Induce any Christian to Renounce the Church of Christ | 385 |
| V. | Jews shall not Presume to Keep the Sabbath, or Celebrate Festival Days, According to their Ritual | 386 |
| VI. | Every Jew shall Cease from Labor on Sunday, and on all Appointed Holidays | 387 |
| VII. | Jews shall not make any Distinction in their Food, According to their Custom | 388 |
| VIII. | A Jew shall not Marry a Person Nearly Related to him by Blood, or Contract Marriage without the Benediction of a Priest | 388 |
| IX. | Jews who Insult our Religion, while Attempting to Defend their own Sect, shall not Betake themselves Elsewhere; nor shall Anyone Shelter them while Fugitives | 389 |
| X. | No Christian shall Accept a Gift from a Jew, to the Detriment of the Christian Faith | 390 |
| XI. | Jews shall not Dare to Read Such Books as the Christian Faith Rejects | 391 |
| XII. | Christian Slaves shall not Serve, or Associate with, Jews | 392 |
| XIII. | Where a Jew Declares that he is a Christian, and, for this Reason, does not Wish to Dispose of a Christian Slave | 393 |
| XIV. | The Confession of Jews; and, In What way Each One of Them, who is Converted, must Write Down the Proof of his Conversion | 395 |
| XV. | Conditions under which Jews must Make Oath, when, having been Converted, they give in their Confession of Faith | 397 |
| XVI. | Concerning the Christian Slaves of Jews, who have not Proclaimed themselves Christians, and those who Expose Them | 401 |
| XVII. | No Jew, under any Authority whatever, shall Dare to Oppress, Punish, or Imprison a Christian, Except by Order of the King | 401 |
| XVIII. | If Slaves of Jews, not yet Converted, should Claim the Grace of Christ, they shall be Liberated | 402 |
| XIX. | Jews shall not Rule Christians under the Authority of Mayors of Towns, or of Superintendents of Estates; and Concerning the Penalties to be Imposed upon Such as Appoint them to Office | 402 |
| XX. | Where a Jew comes from Another Country into any of the Provinces of Our Kingdom, he must, at once, Present himself before a Bishop, a Priest, or a Judge; and What shall be Done under the Circumstances | 403 |
| XXI. | How Assemblies of Jews shall Visit the Bishop on Appointed Days | 404 |
| XXII. | Where Anyone has a Jew in his Service, and a Priest Demands him, the Master shall not have a Right to Retain said Jew | 405 |
| XXIII. | All Restraint of, and Control over, the Jews shall be Vested in the Priesthood | 405 |
| XXIV. | Concerning the Penalties to be Imposed upon Priests and Judges who Neglect to Enforce the Laws against the Jews | 406 |
| XXV. | No Judge shall Presume to Investigate the Offences of the Jews without the Knowledge of an Ecclesiastic | 407 |
| XXVI. | Bishops shall be Immune from Punishment when their Priests do not Inform them of such Things as should be Corrected | 407 |
| XXVII. | Concerning the Mercy to be Shown by Princes towards Those who have been Truly Converted to the Christian Faith | 408 |
| XXVIII. | Bishops shall Give to all Jews a Copy of this Book, which has been Published for the Purpose of Correcting their Errors; and their Confessions and a Record of their Conversion shall be Deposited among the Archives of the Church | 408 |
LAWS OF THE JUDGES.