Chapter XVIII: Book III: Concerning Marriage (1)

TITLE I. CONCERNING NUPTIAL CONTRACTS.

=I.= _Marriage shall not be Entered Into without a Dowry._

=II.= _It shall be as Lawful for a Roman Woman to Marry a Goth,
as for a Gothic Woman to Marry a Roman._

=III.= _Where a Girl Marries against the Will of her Father,
while she is Betrothed to Another._

=IV.= _When a Gift is made by way of Pledge, a Nuptial Contract
cannot be Rescinded._

=V.= _Women Advanced in Years shall not Marry Young Men._

=VI.= _What Property the Dowry shall consist of._

=VII.= _The Father shall Exact, and Keep, the Dowry of his
Daughter._

=VIII.= _In case of the Death of the Father, the Disposition of
the Children, of both Sexes, in Marriage, shall belong
to the Mother._

=IX.= _Where Brothers Defer the Marriage of their Sister, or
Where a Girl Marries Beneath her Station._

=X.= _Where the Items of a Dowry, relating to any kind of
Property, are reduced to Writing, it shall not be
Contested._

=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=

=I. Marriage shall not be Entered Into without a Dowry.=

Marriage is recognized to have greater dignity and honor, where the dowry is given before the nuptial contract has been entered into in writing. For where the dowry has been neither given, nor stated in writing, what expectation can there be of future conjugal dignity, when propriety does not confirm the celebration of the marriage, nor the honorable obligation of the written contract accompany it?

=FLAVIUS RECESVINTUS, KING.=

=II. It shall be as Lawful for a Roman Woman to Marry a Goth, as for a Gothic Woman to Marry a Roman.=

The zealous care of the prince is recognized, when, for the sake of future utility, the benefit of the people is provided for; and it should be a source of no little congratulation, if the ancient law, which sought improperly to prevent the marriage of persons equal in dignity and lineage, should be abrogated. For this reason, we hereby sanction a better law; and, declaring the ancient one to be void, we decree that if any Goth wishes to marry a Roman woman, or any Roman a Gothic woman, permission being first requested, they shall be permitted to marry. And any freeman shall have the right to marry any free woman; permission of the Council and of her family having been previously obtained.

=III. Where a Girl Marries against the Will of her Father, while she is Betrothed to Another.=

Where anyone is betrothed to a girl, either by the consent of her father, or of any near relative in whom authority in these matters is vested by all, and the girl, in defiance of the wishes of her father, desires to marry another than him to whom she has been betrothed; this we decree shall under no circumstances be permitted. But if the girl, against the will of her father, should have fled to him who was her choice, and should have married him, both shall be delivered into the power of him to whom, with her father’s consent, she had previously been betrothed. And if her mother, or brothers, or other relatives, should grant her wishes, and give her to him whom she has chosen, against the will of her father, those who have plotted this shall pay a pound of gold to whomever the king may direct. Nor shall the act of the parties be valid, but both of them, as has hereinbefore been stated, shall be delivered up, with all their property, to him to whom the girl had already been betrothed. And we decree that this law shall be observed where the father shall have made arrangements concerning the marriage of his daughter, and the amount of the dowry has been agreed upon, and her father dies before the marriage has been concluded; in such a case the girl shall be given to him to whom she had been contracted by either her father or her mother.

=FLAVIUS CHINTASVINTUS, KING.=

=IV. Where a Gift is made by way of Pledge, a Nuptial Contract cannot be Rescinded.=

Since we have treated of things that are past, we consider it eminently proper to discuss and determine those that are to come. For the reason that there are many who, disregarding the betrothal, fail to complete the nuptial contract; we deem it proper to abolish this abuse, that no one may delay a marriage according to his will. Therefore, we decree, from this day, that when the ceremony of betrothal has been performed, either between the parents or relatives of the parties, or in the presence of witnesses, and the ring shall have been given or accepted as a pledge, although nothing may have been committed to writing, the promise shall, under no circumstances, be broken. Nor shall it be lawful for either party to change his or her mind, if the other is unwilling to consent; but if all the provisions relating to the dowry have been carried out according to law, then the marriage shall be celebrated.

=FLAVIUS RECESVINTUS, KING.=

=V. Women Advanced in Years shall not Marry Young Men.=

The law of nature is framed in the direct hope of progeny when the nuptial contract is entered into with all due solemnity. For if a marriage takes place between persons who are incompetent, either through age or some personal defect, to properly perform their marital duties, how can their offspring be other than dwarfed or deformed? For that cannot be perfect whose origin is defective. We sometimes see persons who, not observing the laws of nature, but induced by avarice, dispose of their children in marriage so improperly, that neither the age, rank, or morals of the parties concerned, are considered by them. For though men have received their name from the fact that they control women by their superior strength; some, in violation of the laws of nature, give the priority to women, when they unite females of advanced age with boys who are little more than children; and thus, for the sake of gain, and through unwise delay, encourage the commission of vice by the former. Therefore, that an end may be put to practices whose results are unfavorable to future generations, we now decree, that, hereafter, women shall always marry men who are older than themselves, and a marriage under other circumstances shall not be valid, if either of the parties should object. A space of time, not longer than two years, shall be permitted to elapse from the day of betrothal to the day of marriage; unless a longer period shall be agreed upon by the parents or relations, or by the parties themselves, if they are of age. But if, after the contract has been made, it is determined by common consent to defer the date of the nuptials; or if one of the persons should fail to be present, through necessity, this may be done; but the marriage shall not then be deferred longer than two years more. And if a second time, or several times, it may be desirable to prolong the interval, it shall only be for a period of two years; otherwise, the marriage contract, though made in writing, and accompanied with the delivery of the dowry, shall not be valid. If any one unnecessarily or arbitrarily should protract the time, and violate the marriage contract, he shall be liable to the penalty which is contained in it, and the contract shall still remain in force. Any woman who has had one or more husbands, shall after the death of those husbands, be permitted to marry any man of proper age who has never been married before, or who has had one or more wives already deceased.

=FLAVIUS CHINTASVINTUS, KING.=

=VI. What Property the Dowry shall consist of.=

As disputes concerning the dowry often arise between parties contemplating marriage, it is a matter of common advantage that no doubt should hereafter be possible under this our law. Therefore, we decree and declare, that the following law shall be perpetually observed hereafter, to wit: that if any one of the nobles of our palace, or of the principal personages of the Gothic nation, should demand in marriage for his son either the daughter of another, or the widow of any one; or if any one should choose for himself a wife, of the aforesaid rank; no person shall pay, or bind himself to pay, as the dowry of the girl or woman, more than the tenth part of his property. But if it should happen that a parent should wish to give the dowry for the benefit of his daughter-in-law, he can then give as said dowry, the tenth part of the property which his son would inherit from him in case of his death; and, in addition, he must give ten young men and ten young girls, and twenty horses: or, in ornaments, as much as would amount in value to a thousand _solidi_. And the wife shall have absolute liberty to dispose of this property if she should not leave any sons; and if she should die intestate, this donation shall go to the nearest heirs of the husband.

It shall not be lawful for the parents of the girl, or for the girl herself, or for any woman, to ask more as a dowry from the bridegroom, than is provided for by this law; and, as was permitted by the Roman laws, the girl, or the woman, may give to the bridegroom as much out of her own property as she herself has demanded of him, should she desire to do so. If the bridegroom should promise in writing, or bind himself by oath, at the time of the marriage, to give a larger sum than is permitted by this law, he is hereby fully authorized to take possession of all over and above said sum, whenever he chooses. But if it should happen that, through reverence for his oath, or, as often is the case, through negligence, he should be unwilling to revoke or appropriate the surplus amount which he had given to his bride, or should refuse to do so; as it is not proper that, through the carelessness of one, injury should be inflicted upon the many; therefore, when the parents of the bridegroom, or his relations, shall become aware of the facts, they may deprive the bride of all over and above the sum above mentioned as legal; and this they may do as a matter of right, and without prejudice. If, however, the husband, when a year has passed since the marriage, should wish, through affection for his wife, to make her a present of any kind, he shall have full liberty to do so. But not within the space of a year shall the husband give to the wife, or the wife to the husband, any present whatever, except the dowry hereinbefore mentioned; unless either of them should be attacked by grievous illness, and be in imminent danger of death.

In regard to others who desire to make marriage contracts, we deem it proper, and so decree; that whoever is known to possess ten thousand _solidi_, shall give to his bride as a dowry, as much as a thousand _solidi_ out of all his possessions. And he who has only a thousand _solidi_ shall, in the same proportion, give a hundred as a dowry.

This law relating to the dowry shall be observed, without controversy, in all matters great and small. Given and confirmed on the second day of the Ides of January, and the third year of our reign.

=ANCIENT LAW.=

=VII. The Father shall Exact and Keep the Dowry of his Daughter.=

The father shall have the right to demand and keep the dowry of his daughter. If the father or mother should not be present, then the brothers, or the nearest relatives, shall receive the dowry, and deliver it untouched to their sister.

=ANCIENT LAW.=

=VIII. In case of the Death of the Father, the Disposition of the Children, of Both Sexes, in Marriage, shall belong to the Mother.=

If the father should be dead, the right to dispose of the children of both sexes in marriage shall belong to the mother. If the mother also should be dead, or if she should have married a second time, the brothers shall have the right to select the husbands or wives for the other children. But if any of the brothers should not be of age, which is indispensable when their brother or sister is to be disposed of in marriage; then the paternal uncles shall have that authority. Where a brother is of full age, and declines the advice of his relatives, he shall have the power to marry without their consent. But if a suitor, equal to a sister in rank, should seek her in marriage; then her uncle or her brother should consult with the other relatives as to whether said suitor shall be accepted, or rejected, by common consent.

=IX. Where Brothers Defer the Marriage of their Sister, or Where a Girl Marries beneath her Station.=

If the brothers of the girl should put off her marriage, with the expectation that she, taking refuge with her intended husband, may lose what she would have inherited from her father according to law; and they should repulse her suitor two or three times; the girl, as soon as the deceit of her brothers becomes evident, should she deem that her suitor is her equal in birth, shall then receive from her brothers whatever property she is entitled to inherit from her parents. But if, on the other hand, her brothers should do nothing to affect the rights of their sister, but only cause delay in order to provide her with a husband more worthy of her; and she, forgetful of her modesty, and disregarding her rank, should marry a man inferior to her in station; she shall lose what she would have inherited from her parents, whether that inheritance has been divided or not, but she shall still have the right to inherit from her brothers and her sisters, and from any other relatives.

=FLAVIUS CHINTASVINTUS, KING.=

=X. Where the Items of a Dowry, relating to any kind of Property, are reduced to Writing, it shall not be Contested.=

When any one is desirous of contracting marriage, either in his own behalf, or in behalf of his son, or of any other relative; he shall have a right to dispose of, as a dowry, any of his own property; or any given him by the king; or any he has acquired legally, in any way whatsoever. And whatever has lawfully been stated in writing to be a dowry, by any person, shall be valid, as such, in every respect.

TITLE II. CONCERNING UNLAWFUL MARRIAGES.

=I.= _Where a Woman Marries within a Year after the Death of
her Husband._

=II.= _Where a Freeborn Woman Marries a Slave, or her own
Freedman._

=III.= _Where a Freeborn Woman Marries the Slave of Another, or
a Freeborn Man the Female Slave of Another._

=IV.= _Where a Freedwoman, or a Freedman, Marries the Slave of
Another._

=V.= _Where any one gives in Marriage his Slave, of Either Sex,
to the Slave of Another._

=VI.= _Where a Woman contracts a Second Marriage in the Absence
of her Husband._

=VII.= _Where a Master Marries one of his Slaves to a
Freewoman, declaring him to be a Freeman._

=VIII.= _Where a Freewoman Marries without the Consent of her
Parents._

=ANCIENT LAW.=

=I. Where a Woman Marries within a Year after the Death of her Husband.=

If any woman, within a year after the death of her husband, should marry another, or commit adultery, the children by her first marriage shall receive half of her property; or, if there are no children, the nearest heirs of the deceased husband shall receive half of her property, by order of the court. We have especially prescribed this penalty lest the woman, having been left pregnant by her husband, and desiring to enter into a second marriage, should destroy her unborn offspring. We decree, however, that those only shall be exempt from the operation of this law, who marry within the prohibited time under order of the king.

=II. Where a Freeborn Woman Marries a Slave, or her own Freedman.=

If a freeborn woman should commit adultery with her own slave, or freedman, or should marry him; as soon as this has been proved, she shall be put to death; and both adulterer and adulteress shall be publicly scourged before the judge, and burned. And whenever any judge shall be convinced of the commission of such a crime, and shall learn that any mistress has married her slave, or her freedman; he shall at once cause them to be separated, in order that the sons of her former husband, or those of his relatives entitled to it by legal succession, may obtain possession of her property. But if heirs, to the third degree, should be wanting, then all her property shall belong to the royal treasury; for it is not proper that the children born of such a marriage should be heirs. And the woman, whether she be a virgin or a widow, shall be liable to the penalty hereinbefore mentioned. But if she should take refuge at the altar, and claim the privilege of sanctuary, she shall be given by the king to whomever he chooses, to serve him forever as a slave.

=III. Where a Freeborn Woman Marries the Slave of Another, or a Freeborn Man the Female Slave of Another.=

If any freeborn woman should marry, or commit adultery with the slave of another, even though he should belong to the king; as soon as this shall come to the knowledge of the judge, he shall order the parties to be separated immediately, that they may suffer the punishment they deserve, to wit: each one a hundred lashes. And if, after this, they should commit the offence a second time, the judge shall order them to be arrested and brought before him, and they shall each receive another hundred lashes. And if they should be guilty for the third time, they shall receive another hundred lashes, and the woman shall be delivered over into the power of her relatives. And if, at any time afterwards, her relatives should permit her to return to the slave, she shall become the slave of the master to whom the latter belongs. And whatever children shall be born of this union shall follow the condition of the father, and remain in slavery. The relatives of the woman, however, shall inherit her property, according to the rules of inheritance. But if the children who are born of this union shall prove, by a lawful witness, that for thirty years they have been free, they shall be exempt from servitude; provided that their parents, within the thirty years for which time the children have proved themselves to be free, should have rendered no service to their master, by reason of which their children might be subject to slavery. And we direct that this law shall also apply to freeborn men who marry the female slaves of the king, or those of any one else whomsoever.

=FLAVIUS CHINTASVINTUS, KING.=

=IV. Where a Freedwoman, or a Freedman, Marries the Slave of Another.=

If any woman who has been freed should unite herself with the slave of another, or should marry him; the master of the slave shall notify her three times, in the presence of three witnesses, to leave him, and if, after the third notification, she should be unwilling to do so, she shall become the slave of the master of him with whom she is living. But if she should not have been notified before any children are born, then she shall remain free. It is the rule that the blood relations of a slave shall belong to his master, because those cannot be free who are born in this condition. This law likewise shall apply to men who have been set free, who unite with the slaves of others. But if any woman who has been set free should marry the slave of another, after the permission of the master has been granted, through any contract or agreement with the latter, then such contract shall be valid.

=V. Where any one gives in Marriage his Slave, of Either Sex, to the Slave of Another.=

Whoever gives his female slave, as a wife, to the slave of another, without the knowledge of the master of the latter, and this should be established by certain proof, the said master shall have the wife of the slave, along with all of her children, as his own slaves. And he who marries the female slave of another to his own slave, we ordain shall also be subject to this law.

=VI. Where a Woman contracts a Second Marriage in the Absence of Her Husband.=

No woman, in the absence of her husband, shall have liberty to marry another man until she has learned, by certain evidence, that her husband is dead; and he, also, who wishes to marry her must make diligent inquiry for that purpose. But if they should neglect to do this, and should be unlawfully married, and afterwards the former husband should return, they shall both be delivered up into his power, to be disposed of at his will, and he shall have the right to sell them or do whatever he pleases with them.

=FLAVIUS CHINTASVINTUS, KING.=

=VII. Where a Master Marries one of his Slaves to a Freewoman, declaring him to be a Freeman.=

The acts of wicked men must be resisted, lest unbridled depravity prevail. Many persons, induced by avarice, are accustomed to wickedly deceive freeborn women and girls by inducing them to accept their slaves as husbands, representing them to be freeborn; in order that any children they have, may afterwards be reduced to slavery. Therefore, that this fraud may be abolished, we decree by the present law, that persons guilty of such deception shall be branded with infamy; and those slaves who are found to have been represented as freemen by the aforesaid evil-minded persons, shall be, along with their children, forever free; just as if their masters had publicly liberated them; and the women or girls who married said slaves shall have, as their own, all the property which was either received by, or promised to, them at the time of their marriage; if they can establish by any suitable proof, that their husbands were given to them under the representation that they were free. But if any girl or woman, as aforesaid, or her parents, should not be able to prove this; the master shall possess said girl or woman, along with her children, as slaves, and shall be entitled to all their property. And this law shall also apply to those female servants who are known to have married freemen under similar circumstances of fraud, as well as to persons who have been set free, and who are proved to have married the slaves of others.

=ANCIENT LAW.=

=VIII. Where a Freewoman Marries without the Consent of her Parents.=

If any freeborn girl should marry a freeman before the latter has consulted her parents, and if he then should obtain consent to have her as his wife, he shall pay the legal dowry to her parents; but if he can not furnish that sum, the girl shall be again placed under their control. If she should have been voluntarily married without the consent and knowledge of her parents, and they should then be unwilling to receive her, she shall not inherit along with her brothers, for the reason that she married without the permission of her parents. If her parents should give her any of their property, she shall have full liberty to dispose of it at her pleasure.

TITLE III. CONCERNING THE RAPE OF VIRGINS, OR WIDOWS.

=I.= _Where a Freeman carries off a Freewoman by Force, he
shall not be permitted to Marry her, if she was a
Virgin._

=II.= _Where Parents remove their Daughter from the Power of a
Ravisher._

=III.= _Where the Parents of a Girl, who has been Betrothed,
consent that She should be Carried Away by Another._

=IV.= _Where Brothers, either during the Life of their Father,
or after his Death, consent that any one should Carry
Away their Sister by Force._

=V.= _Where any one Carries Away by Violence a Woman who was
Betrothed to Another._

=VI.= _Where a Ravisher is Killed._

=VII.= _Within what Time it is Lawful to Prosecute a Ravisher;
and Whether any Marriage Contract can be entered into
with Him by the Girl or her Parents._

=VIII.= _Where a Slave carries off a Freewoman by Force._

=IX.= _Where a Slave carries off a Freedwoman by Force._

=X.= _Where a Slave carries off the Female Slave of Another by
Force._

=XI.= _Concerning those who Deceive Girls, or the Wives of
Others, or Widows; and Concerning those who Compel by
Force, and without the Royal Command, any Freeborn
Girl or Widow to take a Husband._

=XII.= _Concerning Freemen and Slaves who are Proved to have
been Implicated in the Crime of Rape._

=ANCIENT LAW.=

=I. Where a Freeman carries off a Freewoman by Force, he shall not be permitted to Marry her, if she was a Virgin.=

If any freeman should carry off a virgin or widow by violence, and she should be rescued before she has lost her chastity, he who carried her off shall lose half of his property, which shall be given to her. But should such not be the case, and the crime should have been fully committed, under no circumstances shall a marriage contract be entered into with him; but he shall be surrendered, with all his possessions, to the injured party; and shall, in addition, receive two hundred lashes in public; and, after having been deprived of his liberty, he shall be delivered up to the parents of her whom he violated, or to the virgin or widow herself, to forever serve as a slave, to the end that there may be no possibility of a future marriage between them. And if it should be proved that she has received anything from the property of the ravisher, on account of her injury, she shall lose it, and it shall be given to her parents, by whose agency this matter should be prosecuted. But if a man who has legitimate children by a former wife should be convicted of this crime, he alone shall be given up into the power of her whom he carried off; and his children shall have the right to inherit his property.[16]

=FLAVIUS RECESVINTUS, KING.=

=II. Where Parents remove their Daughter from the Power of a Ravisher.=

If the parents of the woman or girl who has been carried off should rescue her, the ravisher shall be given up to them, and, under no condition whatever, shall she be permitted to marry him; and should they presume to marry, both shall be put to death. If, however, they should take refuge with the bishop, or should claim the privilege of sanctuary, their lives shall be granted them; but they shall be separated and delivered over as slaves to the parents of the woman.

=III. Where the Parents of a Girl, who has been Betrothed, consent that she should be Carried Away by Another.=

If parents should connive at their daughter being carried away, after she has been betrothed to another, they shall be compelled to pay the latter four times the amount of the dowry agreed upon; and the ravisher shall be delivered up as a slave, absolutely, under the law, to the man who was betrothed to the girl.

=ANCIENT LAW.=

=IV. Where Brothers, either during the Life of their Father, or after his Death, consent that any one should Carry Away their Sister by Force.=

If, during the life of their father, any brothers should consent to, or connive at, the carrying off of their sister, they shall receive the penalty to which ravishers are liable, excepting that of death. But it, after the death of their father, they should give up their sister to a ravisher, or permit her to be carried off by him; for the reason that they have disposed of her in marriage to a person of vile character, or against her own will, when they should have protected her honor, they shall lose the half of their property, which shall be given to their sister, and, in addition, they shall each receive fifty lashes in public: so that others, admonished by this, may take warning. All accessories, who were present, shall receive the punishment prescribed by another law. And the ravisher, inexcusable by a former law, shall lose both his property and his rank.

=ANCIENT LAW.=

=V. Where any one Carries away by Violence a Woman who was Betrothed to Another.=

If any one should carry off a woman betrothed to another, we hereby decree that half of the property of the ravisher shall be given to the girl, and the other half to her betrothed. But if he should have little or no property, he shall be given up, with all his possessions, to those above mentioned; so that the ravisher having been sold as a slave, they may have an equal share in the price paid for him. The ravisher himself, if the crime shall have been consummated, shall be punished.

=ANCIENT LAW.=

=VI. Where a Ravisher is Killed.=

If any ravisher should be killed, it shall not be considered criminal homicide, because the act was committed in the defence of chastity.

=FLAVIUS CHINTASVINTUS, KING.=

=VII. Within what Time it is Lawful to Prosecute a Ravisher; and Whether any Marriage Contract can be entered into with Him by the Girl or her Parents.=

The ravisher of a virgin or a widow can only be prosecuted within thirty years after the commission of the crime. If a marriage contract should be entered into by him with the parents of the girl, or with the girl herself, or with the widow, said contract shall not be illegal. After thirty years have elapsed, as aforesaid, all prosecutions shall be barred.[17]

=FLAVIUS RECESVINTUS, KING.=

=VIII. Where a Slave carries off a Freewoman by Force.=

It is the province of equity to make laws concerning the future, where doubt exists in the present. Where slaves, with the knowledge, or under the order of their master, carry off any woman by force, the master shall be required by the judge to give the satisfaction required by law. And if slaves should perpetrate such crimes against the will of their master, they shall be arrested by the judge, and, after having been scalped, shall receive three hundred lashes with the scourge. Any slave who has violated a freeborn woman shall undergo the extreme penalty of the law.

=FLAVIUS CHINTASVINTUS, KING.=

=IX. Where a Slave carries off a Freedwoman by Force.=

If a slave should be convicted of having carried off a woman who has been freed, and if the said slave is of good character, and the woman also, his master shall pay a hundred _solidi_ on his behalf. Should he be unwilling to do this, he must surrender the slave, without delay, so that it may not be possible for him to marry the woman. If, however, they should be married at any time, and children should be born to them, the master shall have both the slave and his children, as slaves. But if a slave should be known to be coarse and degraded, and should be convicted of having carried off a freedwoman of good character, his master shall pay to the aforesaid woman as much as the slave is worth, and the latter shall receive a hundred lashes with the scourge, shall be scalped, and shall forever remain in servitude in the power of his master.

=FLAVIUS CHINTASVINTUS, KING.=

=X. Where a Slave carries off the Female Slave of Another by Force.=

If a slave should carry off the female slave of another by force, he shall receive two hundred lashes, and have his head shaved; and, if the master of the female slave desires it, he shall be separated from her.

=XI. Concerning those who Deceive Girls, or the Wives of Others, or Widows; and Concerning those who Compel by Force, and without the Royal Command, any Freeborn Girl or Widow to take a Husband.=

Everything that pollutes the honor and dignity of human life must be restrained by law. Therefore those who solicit wives to commit adultery, or deceive the daughters of others; or widows; or women who are betrothed; whether they use, as their agents, persons who have been freed, or who are born free, or slaves of either sex; as soon as their crime shall be made apparent by positive testimony, they shall be arrested, along with their emissaries, by order of the judge; and shall be delivered up into the power of him, whose wife, daughter, or betrothed relative, they are convicted of having solicited, to be disposed of at his pleasure; as he is the person whom the conjugal condition, or the relationship by blood, designates as the legal avenger of such a crime. Any person who shall, by force, compel a freeborn girl or widow, without the royal order, to take a husband, shall be compelled to pay five pounds of gold to him to whom the injury was done; and the marriage shall be declared void, unless the woman shall consent to it of her own free will.

=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=

=XII. Concerning Freemen and Slaves who are Proved to have been Implicated in the Crime of Rape.=

Any one who is known to have assisted, or to have been present, at the carrying off of any woman by force, if he is a freeman, shall pay a fine of six ounces of gold, and shall publicly receive fifty lashes with the scourge. If he is a slave, and acted without the consent of his master, he shall receive a hundred lashes. But if he should commit this crime with the consent of his master, the latter must give such satisfaction in his stead as has already been stated.

TITLE IV. CONCERNING ADULTERY.

=I.= _Where a Woman Commits Adultery with, or without, the
Connivance of her Husband._

=II.= _Where a Girl or a Woman who has been Betrothed is found
Guilty of Adultery._

=III.= _Concerning the Adultery of a Wife._

=IV.= _Where an Adulterer, along with an Adulteress, is Killed._

=V.= _Where her Father, or her Relatives, Kill a Girl who has
been Guilty of Adultery in their House._

=VI.= _It is not Lawful for Slaves to put Persons to Death who
are taken in Adultery._

=VII.= _Where a Girl, or a Widow, goes to the House of Another,
in order to commit Adultery, and the Man should wish
to Marry Her._

=VIII.= _Where a Freeborn Woman commits Adultery with Any One._

=IX.= _Where a Freeborn Woman commits Adultery with the Husband
of Another._

=X.= _Slaves of Both Sexes may be Tortured to reveal the
Adultery of their Masters._

=XI.= _Whether it shall be Lawful to set a Slave at Liberty,
in order to Conceal the Crime of Adultery._

=XII.= _Concerning the Property of Husbands or Wives who have
committed Adultery._

=XIII.= _Concerning those Persons who have a Right to bring
Accusations of Adultery, and what Proof of the Crime
should be Made._

=XIV.= _Where a Freedman, or a Slave, has been Convicted of
having committed Adultery, with Violence, upon a
Freeborn Virgin, or Widow._

=XV.= _Where a Freeman, or a Slave without the Knowledge of
his Master, commits Adultery with the Female Slave of
Another._

=XVI.= _Where a Female Slave is proved to have committed
Adultery with Another by Force._

=XVII.= _Concerning Freeborn Women, or Female Slaves, of Bad
Character; and Where Judges Refuse to Investigate, or
Punish their Crimes._

=XVIII.= _Concerning the Impurity of Priests and other
Ministers of Religion._

=ANCIENT LAW.=

=I. Where a Woman Commits Adultery with, or without, the Connivance of her Husband.=

If any one should have intercourse with the wife of another by force, and the party who committed the crime should have legitimate children by a former marriage; he himself, without his property, shall be delivered up to the husband of the woman. But if he should have no legitimate children to whom his property can legally descend, he shall be surrendered, with all his possessions, into the power of the husband, to be disposed of at his pleasure. And if the woman should have consented to the act, both of them shall be delivered up to the husband.

=ANCIENT LAW.=

=II. Where a Girl or a Woman who has been Betrothed is found Guilty of Adultery.=

If a marriage contract has been entered into between an intended husband and the parents of an intended wife; or with the woman herself, if she has the right to make the contract; the dowry being duly given, and an agreement made in writing, before witnesses, according to custom, and as is prescribed by law; and, afterwards the girl or the woman is convicted of having committed adultery, or of having betrothed herself to another man, or of having married; she, along with her unlawful husband, or adulterer, or betrothed to whom she has given herself contrary to her solemn agreement, shall be delivered up as slaves, with all their property, to the person to whom she was first betrothed; in case the adulterer, or violator of the law, should have no children by a former marriage, or the woman herself should not have any. But if it should be proved that they have legitimate children, then all their possessions shall belong to those children. But the man and the woman who have committed adultery, or have betrothed themselves, or have married, shall both be delivered up as slaves into the power of him to whom the aforesaid woman bound herself by her marriage contract.

=ANCIENT LAW.=

=III. Concerning the Adultery of a Wife.=

If the wife of any one should commit adultery, and not be caught in the act, her husband may accuse her before a judge by the introduction of competent evidence. And if the adultery of the woman should be plainly manifest, both adulterer and adulteress, according to the provisions of a former law, shall be given up to the husband, to be disposed of in any way he may select.

=ANCIENT LAW.=

=IV. Where an Adulterer, along with an Adulteress, is Killed.=

If the husband, or the man who was betrothed to the woman, should kill the adulterer along with the adulteress, it shall not be considered criminal homicide.

=FLAVIUS RECESVINTUS, KING.=

=V. Where her Father, or her Relatives, Kill a Girl who has been Guilty of Adultery in their House.=

If a father should kill his daughter, while she is in the act of committing adultery in his own house, he shall be liable to no penalty or reproach. But if he should wish to spare her life, he shall have full power to dispose of her and the adulterer, according to his will. Likewise, her brothers or her uncles, after the death of her father, shall have the same power.

=ANCIENT LAW.=

=VI. It is not Lawful for Slaves to put Persons to Death who are taken in Adultery.=

While parents have the undoubted right to kill adulterers caught in their houses, slaves have no such authority. But if slaves should discover them, they may keep them in honorable custody, until they can be delivered over to the master of the house, or to the judge; and, after having been found guilty by reliable evidence, the legal penalty shall be inflicted upon them.

=ANCIENT LAW.=

=VII. Where a Girl, or a Widow, goes to the House of Another, in order to commit Adultery, and the Man should wish to Marry Her.=

If a freeborn girl, or a widow, should go to the house of another for the purpose of committing adultery, and the man who is implicated should wish to marry her, and her parents, if she has any, should acquiesce; he shall give to the parents of the girl as large a sum as they may demand, or as much as shall be agreed upon between him and the woman herself. But the woman shall not share with her brothers in the inheritance of her parents, unless the latter desire it.

=ANCIENT LAW.=

=VIII. Where a Freeborn Woman commits Adultery with Any One.=

If any freeborn woman should be detected in having voluntarily committed adultery with any man, and if, afterwards, he should wish to marry her, he shall be permitted to do so. But if he should be unwilling, she shall be considered guilty of having voluntarily committed a crime.

=ANCIENT LAW.=

=IX. Where a Freeborn Woman commits Adultery with the Husband of Another.=

If any freeborn woman should commit adultery with the husband of another, and should be convicted of it by conclusive evidence, she shall be surrendered to the wife of the husband with whom she was guilty, that the revenge of the woman injured may be fully satisfied.[18]

=ANCIENT LAW.=

=X. Slaves of Both Sexes may be Tortured to reveal the Adultery of their Masters.=

In order to prove the commission of adultery by either a master or a mistress, their slaves of both sexes may be put to the torture, in order that the truth may be the more certainly discovered and established, beyond question.

=ANCIENT LAW.=

=XI. Whether it shall be Lawful to set a Slave at Liberty, in order to Conceal the Crime of Adultery.=

If any one, for the sake of concealing the truth, and for fear a slave may be tortured in order to prove an act of adultery, should liberate that slave, his act shall be void.

=XII. Concerning the Property of Husbands or Wives who have committed Adultery.=

We have already decreed, by a former law, that an adulterous wife, as well as the adulterer, shall be delivered up to her husband. And, because doubt concerning the disposition of their property may sometimes arise in the minds of the judges, therefore we consider it necessary to especially provide, that if the adultery of the wife should be manifest upon evidence introduced by her husband, and if neither adulteress nor adulterer should have legitimate children by a former marriage, the entire inheritance of both of them, along with their persons, shall be delivered up into the power of the husband of the woman. But if the adulterer should have legitimate children by a former marriage, his property shall belong entirely to them, and only his person shall be surrendered to the husband of the adulteress. But if the adulterous wife should be known to have legitimate children, either by a former, or later marriage, the portion belonging to the children of the former marriage shall be set apart and delivered to them; but the husband shall have the portion which would otherwise belong to her children born after she had been convicted of adultery, and he may bequeath it, after his death, to those children. And, after the adulterous wife has been brought back into the power of her husband it shall not be lawful for any marital relations to exist between them. If, in violation of this, such relations should thereafter exist, he himself shall have none of her property, and all of it shall be given to her legitimate children; or, if there are no children, to her other heirs. A similar decree is hereby made concerning persons who have been betrothed.

=FLAVIUS CHINTASVINTUS, KING.=

=XIII. Concerning those Persons who have a Right to bring Accusations of Adultery, and what Proof of the Crime should be Made.=

If the law does not punish the perpetrators of crime, their audacity will have no bounds. For this reason, and because certain: wives who hate their husbands abandon themselves to adultery, and so affect the minds of their husbands, either by the administration of drugs, or by the devices of witchcraft, that they are unable to publicly accuse their wives or to leave them, on account of the affection they bear them; therefore, in such cases it is hereby decreed, that if the adulteress or her husband have any legitimate sons who are of age, it shall be lawful for them to act in the place of the husband, and to prove the fact of adultery in court. But if there are no sons, or they have not the proper age or experience to conduct this matter lawfully; in order that there may be no delay in the punishment of adultery; or for fear that the adulteress may kill her husband; or her children or relatives may, for this reason, be deprived of her property; it is hereby decreed that the relations of the husband, shall have the power, under such circumstances, of accusing the said adulteress. And if, after accepting this trust, the adultery of the woman should be plainly proved in court, then both parties who have been convicted of this crime shall be at once given up, with all their property, to serve as slaves to those who, according to the provisions of the law, have proved this accusation.

We make, however, an exception in favor of such as have manifested signs of repentance, and seem to be worthy of pity; and we hereby decree that they shall receive the punishment of the scourge. And if the sons of the adulteress were not of sufficient age, at the time the crime was committed, to appear in court, the relatives of the husband, after the death of the latter, if there are no sons, shall be entitled to the property of the woman. If the sons should be unwilling, or not of a sufficient age or experience to prosecute the adulteress; then the nearest relative of the husband, who produced evidence of the crime, shall have the fifth part of the property of the adulteress for his pains, and the other four-fifths shall belong to the sons aforesaid. If there should be any lukewarmness on the part of the relatives, or negligence on the part of the sons, or if the parties should be corrupted by gifts; the conduct of such matters shall not be committed to persons of this character; and should the cause come to the knowledge of the king, he shall determine, according to his mercy, either by whom the case must be prosecuted, or how much of the property of the woman the prosecutor shall have as a fee for his trouble. But because it is difficult to prove the adultery of a woman by the evidence of persons who are free, as generally this crime is perpetrated in secret; henceforth, whenever the evidence of a freeborn person is not available to prove adultery, it shall be lawful for the person aforesaid, to whom it is granted by the present law to bring an accusation of this kind, to put the slaves of both parties to the torture, that the crime may be proved in court.

=ANCIENT LAW.=

=XIV. Where a Freedman, or a Slave, has been Convicted of having committed Adultery, with Violence, upon a Freeborn Virgin, or Widow.=

If any one should compel a virgin or widow, who is freeborn, to commit adultery or fornication; if he should be freeborn, he shall be scourged with a hundred lashes, and be given forever to serve as a slave her whom he has injured. A slave convicted of such a crime shall be burned. And a freeman who has been proved to be guilty of a crime of this kind, shall never be permitted to marry her whom he has violated. But if the woman herself, after she has received the man as a slave, should marry him, she shall then undergo the penalty of her base action, and shall, along with all her property, be delivered over to her own heirs, to forever serve as a slave.

=ANCIENT LAW.=

=XV. Where a Freeman, or a Slave without the Knowledge of his Master, commits Adultery with the Female Slave of Another.=

If any one should be convicted of having committed adultery with a female slave outside the house of her master, the latter shall have the power of punishing only the female slave. Where either a freeman or a slave is convicted of the commission of such a crime with a female slave in the house of her master; if he should be freeborn, and the slave of good reputation and superior rank, he shall receive a hundred lashes, without any imputation of infamy. If the slave is of inferior rank, she shall receive fifty lashes; and a male slave, guilty of such an offence with the female slave of another, shall receive a hundred and fifty lashes.

=ANCIENT LAW.=

=XVI. Where a Female Slave is proved to have committed Adultery with Another by Force.=

If any one should violate the person of a female slave, and should be seized in the house of her master; or if he should be convicted of having committed the crime anywhere else; if a slave, he shall receive two hundred lashes; if a freeman, fifty; and the latter shall be compelled to pay, in addition, thirty _solidi_ to the master of the female slave. But if the master should have ordered the slave to commit the act, the latter shall undergo the penalty and scourging prescribed by a former law.

=ANCIENT LAW.=

=XVII. Concerning Freeborn Women, or Female Slaves, of Bad Character; and Where Judges Refuse to Investigate or Punish their Crimes.=

If any freeborn girl or woman should publicly practise fornication, be known as a harlot, and be shamelessly given to soliciting men; after having been arrested by the governor of the city, she shall receive in public two hundred lashes, and shall be sent away, under the condition that she shall not, afterwards, be guilty of similar conduct, or ever again enter the city. And if she should ever return, she shall be sentenced by the governor to receive three hundred lashes more, and shall be given as a slave to some pauper, and never be permitted to go freely about the city again. And if she should admit that she has pursued her evil life with the knowledge of her father and mother, and thus should seem to have acquired her degradation through association with her parents, and her father and mother should be convicted of having had such guilty knowledge; each of them shall receive a hundred lashes.

If a female slave should be convicted of leading such a life, she shall be arrested by order of the judge; shall receive three hundred lashes in public; and, having had her head shaved, shall be returned to her master, with the understanding that he will cause her to be removed to such a distance from the city, or will sell her in such a locality, that she shall be unable to return. But if he should be unwilling to send her away, or to sell her, and she should return, he shall receive fifty lashes in public; and the said female slave shall be given to some pauper whom the king, judge, or governor may select, with the admonition that she be not again permitted to enter the city. If she should declare that she had acted with the consent of her master, gaining money for him through her vicious practices, and he should be publicly convicted of this, he shall receive the same number of lashes as she would otherwise have received.

And, in like manner, we decree that all others should be dealt with, who either in villages or towns, have been arrested for similar crimes. If any judge should be unwilling to investigate such offences, or prosecute, or correct them, he shall receive a hundred lashes by order of the governor of the city, and shall pay thirty _solidi_ to him whom the king shall designate.

=FLAVIUS RECESVINTUS, KING.=

=XVIII. Concerning the Impurity of Priests and other Ministers of Religion.=

As sacred authority demands purity of life, so it should also be required of its ministers; and it is our duty to put an end to all unlawful conduct, and attempt to act in compliance with the Divine commandments. Therefore, if it should be established by undoubted evidence, that any priest, deacon, or sub-deacon, has married or committed fornication or adultery with a widow doing penance, a virgin, a wife, or any other woman; as soon as the fact shall come to the knowledge of the bishop, or the judge, he shall put an end to such a connection at once.

When the offender has been brought back under the power of his ecclesiastical superior, he shall be placed in confinement, and compelled to do penance according to the holy canons of the Church; and if the bishop, through indulgence, should neglect to place him under restraint as aforesaid, he shall pay two pounds of gold to the royal treasury, and shall no longer be permitted to delay the punishment of the offender. Where the bishop is unwilling to act, he shall either call a council, or bring the matter to the attention of the king.