Chapter XXI: Book V: Concerning Business Transactions (1)

TITLE I. ECCLESIASTICAL AFFAIRS.

=I.= _Concerning Donations to the Church._

=II.= _Concerning the Preservation and Restoration of Property
Belonging to the Church._

=III.= _Concerning Sales and Gifts of Church Property._

=IV.= _Concerning Church Property in Charge of Those Devoted to
the Service of the Church._

=V.= _Concerning the Repairs of Churches, and Divers Other
Matters._

=VI.= _Concerning the Arbitrary Conduct of Bishops._

=VII.= _Emancipated Slaves of the Church, who are still Bound to
Render it Service, shall not be Permitted to Marry
Persons who are Freeborn._

=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=

=I. Concerning Donations to the Church.=

If we are compelled to do justice to the merits of those who serve us, how much greater reason is there that we should care for the property set apart for the redemption of our souls and the worship of God, and preserve it intact by the authority of the law. Wherefore, we decree that all property which has been given, either by kings, or by any other believers whomsoever, to houses devoted to Divine worship, shall eternally and irrevocably belong to said churches.[23]

=II. Concerning the Preservation and Restoration of Property Belonging to the Church.=

We are of the opinion that it vitally concerns the interests of our kingdom, to provide by our laws that the temporal rights of the church shall be protected. Therefore, we hereby decree, that, as soon as a bishop has been consecrated, he shall straightway proceed to make an inventory of the property of his church in the presence of five freeborn witnesses; and to this inventory the said witnesses shall affix their signatures. After the death of a bishop, and as soon as his successor has been consecrated, the latter shall require a second inventory of the church property to be made; and if it should appear that said property had, in any way, been diminished, then the heirs of said bishop, or those to whom his estate was bequeathed by will, shall make up the deficiency. If a bishop should sell any of the property of the church, his successor shall lay claim to that property, along with all its rents and profits, and restore it to the church, after having returned the price paid for it to the purchaser, and no reproach shall attach to such proceedings. And we hereby decree that this law shall be observed in every respect by priests and deacons, as well as by bishops.

=ANCIENT LAW.=

=III. Concerning Sales and Gifts of Church Property.=

If a priest or bishop, or any other member of the clergy, should sell or give away any of the property belonging to the church, without the consent of the other ecclesiastics, we declare that such a transaction shall not be valid, unless said sale or donation should have been made in accordance with the holy canons.

=IV. Concerning Church Property in Charge of Those Devoted to the Service of the Church.=

Where heirs of a bishop or of other ecclesiastics, who have placed their sons in the service of the church, obtain lands or any other property through the generosity of the clergy, and then return to the laity, or abandon the service of the church whose lands or other property they hold, they shall at once forfeit all such possessions. And this provision must also be observed by all the clergy holding ecclesiastical property, even though they have held it for a long time; for the reason that the canons have so decreed. The widows of priests or of other ecclesiastics, who have devoted their sons to the service of the church, solely through gratitute to the latter, shall not be deprived of any property possessed by the fathers, which was originally derived from the church.[24]

=FLAVIUS EGICA, KING.=

=V. Concerning the Repairs of Churches, and Divers Other Matters.=

The different regulations established in former times by the Holy Fathers concerning ecclesiastical affairs shall be still observed, so far as they are consistent with the interests of the church. As antiquity, which has been the cause of the destruction of many lofty buildings, has not spared the houses of God; it is eminently proper that such of the latter as are in danger of destruction should be repaired. As a result of this necessity it has been made a source of reproach to our organization, that the greed of certain priests has caused their parishes to be oppressed by repeated forced contributions; and that many churches have been impoverished under pretence of repairs. Consequently it has been decreed and confirmed by our Council that the third part of the ecclesiastical revenues, which the ancient canons have set apart for that purpose, shall be used for the repairs of churches, whenever required. And when churches are to be repaired, it is better to learn this fact from the worshippers themselves, and the repairs should then be made under the personal care and direction of the bishop. For, although according to the provisions of the ancient canons, every bishop has the right to reserve for himself the third part of the revenues of his diocese, if he should desire to do so; so, also, he had no right to exact from the parish churches, by means of arbitrary proceedings, the remaining two-thirds of the said revenues; nor was he at liberty to give away any of such property to anyone by way of compensation for services performed. We deem it necessary to decree that a single priest shall never have charge of more than one church at a time; nor hold any other office; nor by ecclesiastical authority act as guardian; nor, in any way, have charge of the property of wards; and any congregation which possesses ten pieces of property is entitled to a priest, but such as have less than ten shall be united with other churches. And if any bishop should disregard this our regulation, and should hereafter venture to disobey it, he shall expiate his offence by two months’ excommunication.[25]

=THE GLORIOUS FLAVIUS WAMBA, KING.=

=VI. Concerning the Arbitrary Conduct of Bishops.=

God, the just Judge, who loves right eternally, does not wish that justice should be subject to time, but rather that time should be governed by the principles of equity. God himself is the personification of justice, and to him should be given whatever is bestowed by the faithful upon the church through motives of devotion; for God, as mediator, accepts the vows of every true and sincere worshipper. And vows should never be renounced which are known to have proceeded from, and been confirmed by, a sense of justice; and, therefore, he commits a fraud upon God who unjustly takes from him his property. He also violates the rules of justice who corruptly interferes with the vows of others. While, as has been said, God is justice, what madness is it for anyone to remove from God’s possession any property under the claim of prescription, alleging that he has held it for thirty years? For many rash bishops, prompted by avarice, are in the habit of bestowing upon their cathedral churches, or upon various individuals, or paying out as wages for labor performed, the donations that have been given to their dioceses by the faithful, and, in this way, they not only break the vows of the donors, but are also guilty of sacrilege, in that they thereby defraud the Church of God; for it has been long established that to defraud the church is sacrilege. And when they are urged to make restitution, they decline to do so, because their predecessors acted in the same manner; or refuse to make amends, because they claim to have held the property in question for thirty years. Thus they attempt to maintain their cupidity and rapacity by right of prescription; and instead of at once making reparation for their fault, they attempt to confirm and legalize it by the operation of time. He must be considered a person of great impiety who asserts such a claim, and acknowledges that, for thirty years, he has done injury to God, and refuses to make amends for the injury after that period has elapsed.

Therefore, since these most iniquitous abuses are defended under a pretence of justice, and as we are not concerned with the past, but with the future, we shall now proceed to make regulations applicable to the time of our own reign. For the reason that, hereafter, all temptation to avarice may be removed, we hereby decree that it shall not be lawful for a bishop to appropriate any property belonging to the churches of his diocese; or, if any has already been appropriated, to allege that he is entitled to the same on account of his possession for thirty years; but, whenever the facts have been established, he must make restitution at once. As, in order that a long period may pass without a claim being made, the nobility sometimes are guilty of such oppression of ministers of the church that the latter do not dare to assert their rights against such eminent persons, concerning property which has been appropriated by the latter, and lest the voice of the despoiled church remain forever silent, we decree that hereafter, it shall be lawful, where this offence has been admitted by the parties or detected by anyone, in any place, that the claim shall be instituted with all possible speed in the following manner, to wit: that the heirs of the founders of the church shall act as prosecutors, if they are present; but, if they should not be present, and even if they should be, but are unwilling to act, then the governor of the province, or the governor of the city, or the deputy of either of them, or anyone else who has legal cognizance of the matter, shall have the right to act as accuser and prosecutor.

Where any bishops who, in past times, have committed the offences hereinbefore mentioned, and have been in adverse possession of church property for thirty years, and declare that they hold said property by the right of prescription; such persons we leave to the justice of God, for we decline to pass judgment upon them. But whoever, up to the time when this law is promulgated, shall not have had possession of such property for the space of thirty years, shall be compelled to restore it intact to the church, but no penalty shall be required of them. And where any bishop, who from the day of the adoption of this law, should appropriate anything given by the faithful to the churches of God, and should use such property for his own benefit, or for that of his cathedral church, or should bestow any of it upon any person whomsoever, his act shall not be confirmed by any lapse of time; and, according to the above-mentioned decree, whenever he shall have been convicted of the commission of such acts by anybody, he shall be compelled to restore the property which he took, along with lawful amends out of his own possessions, to that church which has been defrauded. If he should not have the means to make full restitution out of his own property, on account of his abuse of authority, he shall undergo the penalty of excommunication prescribed by the canon of the eleventh Council of Toledo; that is to say, if the property that was appropriated was worth ten _solidi_, he shall purge himself of guilt by twenty days of penance. If the value of the property appropriated should be greater or less, the proportion of days to be passed in penance shall always be doubled; and he also shall undergo a similar penalty who retains possession of any property taken from a diocesan church, which has been appropriated by his predecessor.

Any judge who neglects to carry out the provisions of this law, or delays the proceedings without just cause, or does not notify the king that he may take cognizance of the affair, shall be liable to the same penalty as the bishop who committed the offence, and shall pay said penalty out of his own property to the church whose cause he neglected to decide. This law not only applies to property which has been bestowed upon minor and diocesan churches, but to that in which all assemblies included under the general name of churches are concerned; that is to say, monasteries and convents of men and women.

We also think it proper to add the following provisions to this law: that all bishops who ordain priests and rectors in the churches of their dioceses shall give them instructions concerning the rights of the churches to which they are ordained; that is to say, if any bishop should have in his keeping any document defining the rights of any church in his diocese, he shall show it to the rector of that church, so that the latter may be familiar with the rights of said church, as well as with the documents conferring the same, and not be ordained in ignorance of them, and, what is worse, through the wickedness and duplicity of the bishop, the will of the benefactor of the church be not publicly known. It is also decreed that priests and rectors shall not only have the opportunity to inspect such documents, but shall also be entitled to copies of the same, confirmed under the hand of the bishop, to enable them to direct the affairs of the church committed to their care without any uncertainty, and to enforce the rights to which it is justly entitled. Given and confirmed in the name of God, at Toledo, on the tenth day of the Kalends of January, in the fourth year of our reign.

=THE GLORIOUS FLAVIUS WAMBA, KING.=

=VII. Emancipated Slaves of the Church, who are still Bound to Render it Service, shall not be Permitted to Marry Persons who are Freeborn.=

Great confusion of lineage results where inequality of rank causes degradation of offspring; for what is derived from the root is inevitably found in the fruit of anything. For how indeed can he bear a title of honor, whose parents are bound by the obligation of servitude? We refer to this matter because many of the slaves of the church are set free, but nevertheless do not enjoy absolute liberty; for the reason that they are still bound to serve the church from which they deduce their origin; and who, contrary to natural laws, contract marriages with freeborn women, and seek to have freeborn children who, in fact, are not so; and thus what ought to enure to the public good, becomes in fact a burden to it, both in respect to person and property; as whatever children are born from such an infamous marriage, following the position inferior in rank, from birth become the property of the church, along with all their possessions. Wherefore, that such insolent conduct may be put an end to hereafter, we decree by this law, that if a slave of any church, while it is still entitled to his services, should be freed, and accept his liberty from the priest, he shall not be permitted to marry a freeborn woman. Those, however, who have been freed in the regular manner, and are absolutely exempt from all service to the church by the Canon Law, shall have the right to marry freeborn women, and shall be entitled to claim all honor and respectability for their offspring.

But if any of those set free, who are still under the dominion of the church, should venture hereafter to marry any freewoman; as soon as the judge shall be apprised of the fact, both parties shall be scourged three times, as has been provided in a former law concerning freemen and slaves, and the judge shall cause them to be immediately separated; and where they are unwilling to be separated, each shall remain in the condition in which he or she was previously, and any children born of them shall become slaves to the king.

Whatever property has been bestowed by any free person upon any freedman, together with such property as a child of either sex sprung from them can acquire, possess, or waste, shall belong entirely to the heirs of said free person at his death; and, if such heirs should be lacking, it shall become the lawful possession of the king, to be disposed of absolutely at his pleasure. This law shall not only apply to men, but also to women; that is to say, where either a freedman or a freedwoman owing services to the church should be so bold as to marry a freeborn person.

The following exception shall be observed in the execution of this law, to wit: whoever shall be born of such parents within thirty years of its promulgation, shall not follow the condition of that parent who is bound to give service to the church, but shall be free, along with all the property inherited from his or her parents, both noble and plebeian. Given and confirmed at Toledo, on the twelfth Kalends of January and the fourth year of our reign.

TITLE II. CONCERNING DONATIONS IN GENERAL.

=I.= _A Donation Extorted by Violence is Void._

=II.= _Concerning Royal Donations._

=III.= _Concerning Property Given to a Husband or a Wife by the
King._

=IV.= _Concerning Property, in Addition to the Dowry, Given to a
Wife by her Husband._

=V.= _Concerning Property Given to a Husband by his Wife; and
Where a Wife has been Convicted of Adultery._

=VI.= _Concerning Property Donated Verbally, or Conveyed by
Instruments in Writing._

=VII.= _Concerning Gifts Bestowed upon One Another by Husband and
Wife._

=ANCIENT LAW.=

=I. A Donation Extorted by Violence is Void.=

A gift extorted by force and fear has no validity whatever.

=II. Concerning Royal Donations.=

Donations conferred by royalty upon any person whomsoever, shall belong absolutely to him to whom they are given; so that he who is thus honored by the royal munificence shall have the power to dispose of any property derived from such a source in any way that he chooses. If he who received such gifts should die intestate, the donations aforesaid shall belong to the legal heirs in regular succession, according to law, and the royal favor can in no way be infringed upon; because it is not fitting that the will of the prince should be interfered with, where the recipient of royal bounty has not been guilty of crime.

=III. Concerning Property Given to a Husband or a Wife by the King.=

We especially decree that a wife shall be entitled to no part of any property presented by the king to her husband, unless the latter should bestow a portion of it upon her by way of dowry. And, likewise, should the gift be made to a wife, her husband shall have no right to any of it; nor can he lay claim to it after her death, unless his wife should give or bequeath it to him.

=ANCIENT LAW.=

=IV. Concerning Property, in Addition to the Dowry, given to a Wife by her Husband.=

If a wife should, at any time, in addition to her dowry, accept from her husband property acquired by him as a gift, or by profligate conduct, or the proceeds of claims collected by him, she shall have the absolute disposal of said property until the day of her death, according to the terms of the will of her husband, even though there be children born of that marriage. She shall have the power to expend or use the income of such property, just as the testator has designated by will; and, during her lifetime, she shall enjoy unhampered possession of all such property, the income of which shall be used for her expenses. But if the testator should not make any special disposition of said income, his children shall have the right to said property after his death; and, upon no occasion, shall his wife be allowed to alienate any part of it, excepting the income. Where there are no children by said marriage, the wife shall have full control of all property given her by her husband, according to the terms of his will. But if she should die intestate, the said property shall revert to her husband if he is living, and if he should not be living, it shall belong to his heirs. And we decree that the same rule shall apply to husbands who, at any time, have received gifts of property from their wives.

=ANCIENT LAW.=

=V. Concerning Property given to a Husband by his Wife; and Where a Wife has been Convicted of Adultery.=

If a husband should give any property to his wife, and she, after his death, should remain chaste, or should marry another husband, she shall have the power of disposing of the property given her by her first husband according to the terms of his will, if she should have no children. If she should die intestate and without children, the property shall revert to her husband if he is living, and if not, it shall belong to his heirs. But if she should have been convicted of adultery, or other meretricious conduct, she shall lose any property which she obtained from her husband, and it shall belong to his heirs, or to his legitimate children.

=FLAVIUS CHINTASVINTUS, KING.=

=VI. Concerning Property Donated Verbally, or Conveyed by Instruments in Writing.=

Any property given away in the presence of witnesses can under no circumstances be reclaimed by the donor. And even if it should happen that what is given is situated elsewhere, the donation cannot, for that reason, be revoked, provided it is made in writing; because it is evident that the gift is absolute, when the instrument conveying it is in the name of, and for the benefit of him who receives it. It, however, must be noted, that if the donor should say that he neither delivered such an instrument nor directed it to be delivered, but that it was taken from him; then the party to whom the property was given may prove by witnesses that it was transferred to him, or directed to be so transferred by the donor, or placed under his control by the will of the testator; and, when he shall have produced such testimony, the gift shall be deemed valid. Where he neglects to introduce competent testimony, he who executed the instrument shall make oath that he neither delivered it, nor directed it to be delivered, nor that he voluntarily executed it; and the instrument shall then be returned to him by whom it was claimed, and shall remain invalid, if the latter so desires. But it is proper to add, that if anyone should execute an instrument disposing of any property for the benefit of any one whomsoever, and, in his lifetime, should not deliver it to him for whose benefit it was made, and it should be found after the death of the former; he for whose benefit the donor has made disposition of said property, shall have the right to claim it, along with all the property therein described; for it is evidently just that a document which the donor, while living, preserved, and which never appeared to be altered in any way, should have full force in law. If, however, the donor while living did not relinquish possession of either the instrument or the property, but kept them, and made other dispositions in his will, the latter shall be valid; because a will always takes precedence in law of documents previously executed, but not delivered. If he to whom the property was given should die before receiving it it shall belong to the donor or to his heirs. And where the gift should be made under this condition, to wit, that the donor should have possession of it during his lifetime, and that, after his death, it should go to him for whom he intended it, he shall have the privilege of changing his mind when he wishes, even though he should have suffered no injury; because the case is similar to that of the execution of a will. But if he who is deceived by a fraudulent gift, and with the expectation of profiting by an empty promise, shall expend anything for the benefit of the donor, he shall be entitled to receive from the donor himself, or from his heirs, compensation in damages for any loss he may have sustained on that account. And if anyone should choose to give away any property he has received, either by ordinary gift or by the authority of any written document, the party to whom he gives it shall have the same right to it as the original donor. If he who received the gift should die during the life of the donor, he shall have the right to dispose of said gift at his pleasure; and should he die intestate, the gift shall not revert to the donor, but shall descend to the heirs of him who received it.

=VII. Concerning Gifts Bestowed upon One Another by Husband and Wife.=

If a husband should give any property to his wife, he must describe it in a written instrument and affix his signature or seal thereto. And, in order that his gift may be valid, it is necessary that two or three freeborn witnesses should attest the document. This law shall also apply to a wife who wishes to confer any gift upon her husband, provided the gift was not extorted by the husband through violence; to the end that the provisions of the law relating to the disposition of property may be, in every respect, preserved.

TITLE III. CONCERNING THE GIFTS OF PATRONS.

=I.= _Where Anyone who has been Placed under the Control of
Another, or of the Son of that Person, Deserts either
his Patron, or the Children of the Latter._

=II.= _Concerning Arms given to Bailiffs who have been
Appointed for the Defence of Anyone, and the Acquisitions
of said Bailiffs._

=III.= _Concerning Property Acquired through the Appointment of a
Patron, or which has been Donated by Him._

=IV.= _Concerning Property Accepted and Acquired through the
Office of Patron._

=I. Where Anyone who has been Placed under the Control of Another, or of the Son of that Person, Deserts either his Patron, or the Children of the Latter.=

Where anyone, having a client under his protection, gives him arms or anything else, such gifts shall be the absolute property of the client. If the latter should desire to select another patron, he shall have full authority to do so, for one cannot restrain a freeborn man because he happens to be under his control; but, in such a case, everything to which the patron is entitled shall be given to him. The same rule shall apply to the children of a patron as well as to those of him who was under his protection; and the former shall have a right to any donations that have been given to the latter. Where a client abandons his patron without the latter’s consent, he shall be required to restore to him any property which the patron may have given to the parents of the client. And if anyone who has been placed under the protection of another, should acquire any property while he is under such control, half of said property shall belong to the patron or his children, and the other half shall remain in the possession of him who earned it. Where a client leaves a daughter and no sons, in such case we decree, that the daughter shall remain under the protection of the patron. If the patron should provide a husband for her, of equal rank, and anything should be given to her father or her mother, it shall belong to her by right of inheritance. But if, contrary to the will of her patron, she should select for herself a husband of inferior rank, whatever has been given to her father by the patron or by his relatives, shall be restored to said patron or to his heirs.[26]

=ANCIENT LAW.=

=II. Concerning Arms given to Bailiffs who have been Appointed for the Defence of Anyone, and the Acquisitions of said Bailiffs.=

Arms given to bailiffs for purposes of defence, can under no circumstances be reclaimed by the donor, but whatever property a bailiff acquired, while in office, shall remain in the possession of his patron.[27]

=III. Concerning Property Acquired through the Appointment of a Patron, or which has been Donated by Him.=

As has been hereinbefore stated, if anyone, while under the protection of another, should acquire any property while living with him, and should prove unfaithful to his patron, or wish to abandon him; the patron shall be entitled to half the property so acquired, and the other half shall belong to him by whose exertions it was obtained, and whatever the patron has given him he shall be entitled to keep.

=ANCIENT LAW.=

=IV. Concerning Property Accepted and Acquired through the Office of Patron.=

As has been stated elsewhere, if anyone should abandon his patron and claim the protection of another, and he to whom he applies should give him land, the patron whom he has deserted is entitled to any land, and to whatever else he himself may have given him.

TITLE IV. CONCERNING EXCHANGES AND SALES.

=I.= _What Constitutes a Valid Exchange, and what a Valid
Purchase._

=II.= _If the Vendor is not a Person of Good Character, he
must give a Surety._

=III.= _Any Sale made under Compulsion shall be Void._

=IV.= _In Case the Price should not be Paid, after Earnest
Money has been Given._

=V.= _Where only Part of the Price is Paid._

=VI.= _Where Fraud is Committed in Stating the Price of
whatever is Sold._

=VII.= _Where Anyone says that he Sold his Property for Less
than it was Worth._

=VIII.= _Concerning Those who Sell, or Give Away, the Property
of Others._

=IX.= _It shall not be Lawful to Sell, or Give Away, Property
whose Ownership is in Dispute._

=X.= _Where a Freeman Allows Himself to be Sold._

=XI.= _Concerning Free Men and Free Women Sold by Slaves or
Freemen._

=XII.= _It shall be Illegal for Parents to Sell their Children,
or, by any Contract whatsoever, to Place Them in the
Power of Others._

=XIII.= _Concerning Sales by Slaves._

=XIV.= _Where a Slave, who has been Sold, Accuses his Former
Master of Crime._

=XV.= _A Master may Claim the Property of a Slave whom he has
Sold._

=XVI.= _Whether a Slave may be Redeemed with his own Private
Property._

=XVII.= _No One, against his Will, shall be Compelled to Sell
his Slaves._

=XVIII.= _Where a Slave, on Account of a Crime he has Committed,
is Transferred to the Possession of Another._

=XIX.= _Concerning Property Belonging to Private Persons, and
to the Court, which may not be Alienated._

=XX.= _Where Anyone Sells, or Gives Away Property, whose
Possession should first have been Transferred by
Judicial Decree._

=XXI.= _Of Slaves Captured and Sold by the Enemy._

=XXII.= _For what Price this Book shall be Bought._

=ANCIENT LAW.=

=I. What Constitutes a Valid Exchange, and what a Valid Purchase.=

An exchange, if not made under fear or force, shall have the same validity as a purchase.

=ANCIENT LAW.=

=II. If the Vendor is not a Person of Good Character, he must give a Surety.=

If the vendor is not a person of highly respectable character, he shall give a freeborn bondsman as surety to the purchaser, and the sale shall then be valid.

=ANCIENT LAW.=

=III. Any Sale made under Compulsion shall be Void.=

Any sale evidenced by an instrument in writing shall be perfectly valid. If there should be no written evidence of it, and it should be proved that the price was paid in the presence of witnesses, the purchase shall be legal. A sale shall be void in case it was extorted by violence or fear.

=ANCIENT LAW.=

=IV. In Case the Price should not be Paid, after Earnest Money has been Given.=

He who receives earnest money for the sale of anything, can be forced to fulfil his contract. But if the purchaser, either through sickness or unavoidable necessity, cannot be present upon the designated day, he may appoint any one he chooses to pay the price at the time agreed upon. But where he himself is not present, or does not appoint any one to act for him, he shall only be entitled to receive the earnest money which he gave, and the contract shall be cancelled.

=ANCIENT LAW.=

=V. Where only Part of the Price is Paid.=

If only a part of the price is paid, and the balance should not be forthcoming, the sale shall not be invalid on this account. But if the purchaser should not pay the balance of the price at the time appointed, he shall pay interest on what he owes; unless it should be agreed upon by both parties that the property in question shall be returned to the vendor.

=FLAVIUS RECESVINTUS, KING.=

=VI. Where Fraud is Committed in Stating the Price of whatever is Sold.=

If, in the sale of property, a smaller price is paid than was agreed upon, and the purchaser should, fraudulently, and against the will of the vendor, declare that he has paid a higher price than he should have done, he shall be compelled to pay to the vendor double the amount of which the latter has been defrauded.

=ANCIENT LAW.=

=VII. Where Anyone says that he Sold his Property for Less than it was Worth.=

This rule must be observed in all sales where any property consisting of lands, slaves, or any species of animals, is disposed of, to wit: that no one shall attack the validity of the transaction by declaring that he sold the property for less than it was worth.

=ANCIENT LAW.=

=VIII. Concerning Those who Sell, or Give Away, the Property of Others.=

Whenever a dispute arises concerning the ownership of property which has been sold or given away: that is to say, if it should be established that anyone has sold or given away what belonged to another, no blame shall attach to the purchaser. But he who has been so bold as to sell or give away the property of another, shall be forced to pay double its value to the owner thereof, shall return the price which he has received to the purchaser, and shall undergo the penalty prescribed by the bill of sale. Whatever the purchaser, or he who received the gift, shall have added to the value of the property which was bought, shall be estimated by the judges of the district; and full satisfaction of the same shall be made, either by the vendor or the donor of said property, to him by whose efforts its value has been increased. The same rule shall apply to every description of property, including slaves and animals.

=ANCIENT LAW.=

=IX. It shall not be Lawful to Sell, or Give Away, Property whose Ownership is in Dispute.=

It shall not be lawful to give, or sell, or in any way transfer possession of, any property whose ownership is in dispute: that is to say, which any one else claims, or of which he has a reasonable hope of recovery.

=ANCIENT LAW.=

=X. Where a Freeman Allows Himself to be Sold.=

Any freeman who permits himself to be sold, and shares the price with the vendor, and, afterwards, desiring to cheat the purchaser, publishes the fact for the sake of reclaiming his liberty, shall not be heard, but shall remain in slavery; for it is dishonorable that a freeman should voluntarily subject himself to servitude. But if he who sold himself, or permitted himself to be sold, should have sufficient property to redeem himself; or, if his parents should choose to give the price of his redemption to him who owns him; then the entire amount for which he was sold shall be returned to the purchaser, and the person who was the object of the sale shall regain his freedom.

=ANCIENT LAW.=

=XI. Concerning Free Men and Free Women Sold by Slaves or Freemen.=

If anyone should dare to sell or give away a freeborn person, the judge shall at once cause the offender to be arrested. And in order that the said freeborn person may be restored to his proper rank, the judge shall require the vendor of such person to pay a hundred _solidi_ of gold; and if he should not have sufficient property to pay this sum, he shall receive a hundred lashes in public, and shall be delivered over as a slave to him whom he had the audacity to sell, or give away. If a slave should treat a freeborn person in this manner, after being arrested he shall receive two hundred lashes in public, by order of the judge, and having been scalped he shall be condemned to perpetual servitude. This rule shall apply also to donations and sales of freeborn women.

=ANCIENT LAW.=

=XII. It shall be Illegal for Parents to Sell their Children, or, by any Contract whatsoever, to Place Them in the Power of Others.=

It shall not be lawful for parents to sell, give away, or pledge their children. And no one who purchases or receives a child under such circumstances, shall have any legal right to it whatever, but, on the other hand, he shall lose the price, or the amount advanced as a loan, which he paid to the parents of said child.[28]

=FLAVIUS CHINTASVINTUS, KING.=

=XIII. Concerning Sales by Slaves.=

The property of another cannot be sold contrary to the will of him who is entitled to legal ownership of the same. Therefore, for the reason that an ancient law declared all sales by slaves invalid, which were made at the expense of their masters, we have determined to promulgate a more equitable decree, in order to bring the laws of the country within the bounds of justice; for it is better to amend the acts of those who have fallen into error, than to err in like manner. Wherefore, if any one, hereafter, should knowingly receive from any slave of either sex, who belongs to another person, a house, or land, or a vineyard, or any personal property, upon any terms whatsoever, the sale, gift, or pledge, made by such a person shall be invalid, and the delivery of the property shall not be required. Where the sale is attended with expense to the purchaser, the property shall be returned intact to the master of the slave, and the purchaser shall lose the price he paid for it; for it is but just that he should sustain loss who attempted to appropriate the property of another for his own advantage. But if the aforesaid slave should sell any animals, or any personal property, or any ornaments of any kind, which belong to himself, or which he had received from his master to be disposed of, such transaction shall be forever valid; and if the master of any servant who has made such a sale should wish to rescind the sale, and should declare that the property which was sold did not belong to the slave, but was his own, the sale shall not be rescinded, unless he who proposes to do so shall establish, either by the testimony of legitimate witnesses, or by his own oath, that the property which he seeks to recover did not belong to the slave, but to himself, and has been disposed of without his permission. This law shall apply only to chattels of trifling value, for the authority of the master is necessary in order to confirm a contract relating to the sale of property of great value and importance.

=ANCIENT LAW.=

=XIV. Where a Slave, who has been Sold, Accuses his Former Master of Crime.=

If anyone should sell a slave, and the latter should accuse his former master of crime, he who sold him may recover said slave from the purchaser by returning the price for which he was sold, in order that he may avenge upon him the crime of which he himself was accused. And we decree that the same law shall be observed concerning female slaves. No servant of either sex, whether sold, given, or exchanged, shall be tortured to obtain evidence against his or her former master, nor shall he or she be believed if they should accuse their former master of crime.

=XV. A Master may Claim the Property of a Slave whom he has Sold.=

If any one should sell a slave, and not know what property he possessed, he shall have power to make full inquiry, and to claim as his own, whatever property belonging to said slave that he can find.

=ANCIENT LAW.=

=XVI. Whether a Slave may be Redeemed with his own Private Property.=

If a slave should be ransomed with his own money, and his master should be ignorant of his possession of the same, he shall not be entitled to his freedom; because the ransom that he paid was not his own, but the property of his master.

=ANCIENT LAW.=

=XVII. No One, against his Will, shall be Compelled to Sell his Slaves.=

Laws frequently arise from legal disputes in court, and when evidence of fraud exists, it becomes necessary to promulgate new decrees to restrain acts dictated by shrewdness and duplicity. Many slaves of both sexes, influenced by the suggestions of others, are in the habit of taking refuge in churches, and there complaining of the injustice and oppression of their masters; in order that, through the intercession of priests, and the aid of religion, they may compel their masters to sell them. In this manner frequently an injury is inflicted upon the master; as when a priest, or any one else, representing himself as a purchaser, buys the slave, while in fact he is acting for another party; and, by this collusion, it sometimes happens that the slave is sold to an enemy without his master’s knowledge, and thus, some one, under such circumstances, may obtain possession of the slave who could not have purchased him openly. We declare that, henceforth, the following shall be the law, viz: that no one, against his will, shall sell his slave; but the priest or custodian of the church, as provided by other laws, shall at once deliver the slave to his master, providing the latter pardons him for the fault he has committed; for it is highly improper that the slave should maintain his obstinacy and rebellion by taking refuge in a place where the doctrines of restraint and punishment are preached.

If any one should deceive a master in the manner aforesaid, he himself shall forfeit a sum equal to the price which was paid by him while acting as the agent of another; and, whether the master became aware of the fraud at the time of the transaction, or afterwards, he shall be entitled to recover the slave upon application to the court. He who acted fraudulently as the agent of another in the sale, shall be forced to give another slave of equal value to the master whom he deceived, in order that the wickedness of such a dishonorable transaction may be suitably punished.

=THE GLORIOUS FLAVIUS CHINTASVINTUS, KING.=

=XVIII. Where a Slave, on Account of a Crime He has Committed, is Transferred to the Possession of Another.=

We must not omit to provide, by legal enactment, for the settlement of questions frequently involved in dispute. For this reason, if a slave who has been guilty of crime should be transferred, either by gift, sale, or exchange, to another master, his former master shall either cause him to be delivered up to justice to be punished for said crime, or shall render full satisfaction to the party who has been injured. In case he who bought said slave is unwilling to answer for him, or to render satisfaction for his crime, he must return him to his former master, on receipt of the price which he paid; and his former master must answer to the person making the complaint, for the offence committed by his slave while under his control.

=FLAVIUS CHINTASVINTUS, KING.=

=XIX. Concerning Property Belonging to Private Persons, and to the Court, which may not be Alienated.=

If the care of private property must not be neglected, how much more important is it to guard the interests of the public, whose possessions should always be preserved, or increased. For this reason, persons attached to the court, or private persons who are under obligations to furnish horses to the king, or who exercise any duties in connection with the royal treasury, shall have no right to sell, give, or exchange, any property in their possession. But if it should happen that any of them, either willingly, or impelled by necessity, should transfer all of his property, either by sale, donation, or exchange; both he who disposed of, and he who received it, shall have an inventory of the same drawn up, in which all of said property shall be specifically described; but he who has received only half of the said property, or a certain portion of the same, in slaves, lands, vineyards, and houses, shall be accountable for only the price of the portion which has been thus disposed of. And if any one purchasing property of any kind from such persons, should not, as aforesaid, within a year, render an account of the transaction in writing, showing the source from which said property was derived; as soon as information of this shall come to the king, or the governor, or the judge, the former possessor shall lose the price he received, as well as the property which was disposed of; but the king shall have the power to either restore said property to him who transferred it, or to bestow it upon any one else, should he desire to do so. It shall, however, be lawful for persons attached to the court, as well as for private persons, to sell, give, or exchange, property among themselves, provided he who receives said property shall not refuse to account for it publicly; but no plebeian shall have the right to sell his land. And if any one, after the adoption of this law, should purchase vineyards, lands, houses, or slaves from men employed in the public service, he shall inevitably lose the price paid for said property.

=ANCIENT LAW=

=XX. Where Anyone Sells, or Gives Away Property, whose Possession should first have been Transferred by Judicial Decree.=

If anyone should sell or give to any person any property which is in litigation, before the claim of his adversary to said property shall have been judicially determined, or should permit any one to make use of said property, so that the possessor may be deprived of its control, without an order of court, he in whose possession the property formerly was shall have it at once restored to him by the judge, and the adverse party shall not be permitted to claim it again, even if his title to the same is found to be good. And he who gave such property, or permitted it to be made use of, as aforesaid, for the reason that he can allege no just excuse for such conduct, shall be forced to give something of equal value to said property, or to the price paid for it, to his adversary; because he appropriated something before his title to it was legally established.

=XXI. Of Slaves Captured and Sold by the Enemy.=

If any slaves, residents of our kingdom, should be taken by an enemy, and said slaves should be recovered by our subjects, every one who recaptures a slave shall have one-third of what is estimated to be his just value, and shall restore him to his master; but if said slave was sold by the enemy to him, he shall make oath as to the price which he paid for him, and shall receive from the master said amount, together with a sum equal to any increased value which may have accrued since the capture of said slave, and the latter shall be at once restored to his master.

=XXII. For what Price this Book shall be Bought.=

In order that any extortion on the part of a vendor and any unnecessary expenditure by a purchaser, may alike be prevented, it is decreed by the present law, that it shall not be legal for a vendor to sell a copy of this book for more than four hundred _solidi_, or for the purchaser to give more than that sum. And if any one should presume either to give, or to receive, an amount greater than that above mentioned, he shall receive a hundred lashes by order of the judge.[29]

TITLE V. CONCERNING PROPERTY COMMITTED TO THE CHARGE OF,
OR LOANED TO, ANOTHER

=I.= _Concerning Animals Hired to Another._

=II.= _Concerning Animals Loaned for the Purpose of Labor._

=III.= _Concerning Things which have been Loaned, and
afterwards Destroyed by Fire, or Lost by Theft._

=IV.= _Concerning Lost Money, and the Interest on the Same._

=V.= _Concerning Property Committed to the Charge of Another,
and Lost by Accident at Sea._

=VI.= _Concerning Property Entrusted to a Slave without his
Master’s Knowledge._

=VII.= _Where a Slave Fraudulently Demands Property Entrusted
by his Master to Another._

=VIII.= _Concerning Legal Interest._

=IX.= _What shall be Paid for the Use of Fruits of the Soil._

=X.= _Who are Entitled to Wills, or Instruments in Writing,
which have been Entrusted to the Keeping of Anyone._

=ANCIENT LAW.=

=I. Concerning Animals Hired to Another.=

If anyone should take in charge a horse, or an ox, or an animal of any kind, in consideration of a certain sum of money, and the animal should die, he shall give something equal to its value; whether the sum agreed upon was for the mere keeping of the animal, or for the use of it. But if he who had charge of said animal, should receive no compensation, and should prove that the animal was dead, he shall be entitled to nothing, and nothing shall be required of him, for this reason; as he who had charge of the said animal has established by oath that its death was not due to his guilt or negligence, no liability shall attach to him for the same. The same rule shall apply to property which has been loaned.

=ANCIENT LAW.=

=II. Concerning Animals Loaned for the Purpose of Labor.=

Where anyone rents or hires to another a beast of burden, horse, or any other animal, and it should die of disease while under the control of him who received it, the latter shall make oath that said animal did not die either through his fault or neglect, and he shall escape all liability. But if the death of said animal should have been caused by want of exercise, or by overloading, or by too much work, or by abuse, an animal of equal value shall be given to the owner. But if said animal should cause any injury or damage to anyone, he who had charge of it at the time shall be liable for the same.

=ANCIENT LAW.=

=III. Concerning Things which have been Loaned, and afterwards Destroyed by Fire, or Lost by Theft.=

If any gold, silver, ornaments, or money, which have been entrusted to anyone either for safe keeping, or to be sold, should be lost, or consumed by fire, along with his own property, in the house of him who had charge of them, and the latter should produce witnesses, and give a written statement specifying the property which has been lost, and should swear that nothing has been saved, he shall incur no liability, except for the gold and silver, which cannot be burned. And if any person, while the house was burning, under pretext of affording assistance, should appropriate any property, the owner shall make diligent inquiry, and, if detected, the culprit shall pay four times the value of the article stolen; and if any of the property which has been loaned should be found, it shall be restored at once to the owner. Where it is proved that the article in question had been stolen, a reasonable time shall be granted for the pursuit and arrest of the thief; and if he should be caught, he shall be forced to restore to the original owner the property of the latter, and whatever else may be obtained from the thief shall belong to him to whom the stolen property was entrusted. But if the thief should not be arrested within the appointed time, a sum equal to half the value of the property loaned or hired, shall be paid to the owner by him who had charge of the same, so that the loss may be equally borne by both. If, subsequently, the owner of the property should find it in the possession of him to whom it was entrusted, and who had declared that it had been lost or stolen, when, in fact, it had been fraudulently concealed by him, he shall undergo the penalty for theft as prescribed by law.

=ANCIENT LAW.=

=IV. Concerning Lost Money, and the Interest on the Same.=