Chapter XXIII: Book VI: Concerning Crimes and Tortures

TITLE I. CONCERNING THE ACCUSERS OF CRIMINALS.

=I.= _A Slave, Accused of a Crime, may be Demanded of his
Master by the Officials of the District._

=II.= _For what Offences, and in what Manner, Freeborn Persons
shall be put to the Torture._

=III.= _For what Offences, and in what manner Slaves, of Either
Sex, shall be put to the Torture, on account of the
Crimes of their Masters._

=IV.= _For what Offences, and in what manner, a Slave, or a
Freedman, shall be Tortured._

=V.= _In what way an Accusation shall be Brought to the Notice
of the King._

=VI.= _How Kings should Practise the Duties of Mercy._

=VII.= _He Alone shall be Considered Guilty who Committed the
Crime._

=ANCIENT LAW.=

=I. A Slave, Accused of a Crime, may be Demanded of his Master by the Officials of the District.=

Where a slave is charged with a crime, the judge shall first notify the master, superintendent, or agent, who has control of the accused, and order him to produce the slave in court; and should he refuse to do so, the governor of the city, or the judge may compel him to produce said slave. If the master, or he who has charge of his affairs, cannot be found, the slave shall be arrested and tried by the judge.

=THE GLORIOUS FLAVIUS CHINTASVINTUS, KING.=

=II. For what Offences, and in what Manner, Freeborn Persons shall be put to the Torture.=

If moderation is displayed in the treatment of crimes, the wickedness of criminals can never be restrained. Therefore, if anyone should, in behalf of the king or the people, bring an accusation of homicide or adultery against a person equal to him in rank, or in palatine dignity, he who thus seeks the blood of another shall first have an opportunity to prove what he alleges. And if he cannot prove it in the presence of the king, or those appointed by the royal authority, an accusation shall be drawn up in writing, and signed by three witnesses; and the accused person may then be put to the question.

If the latter, after undergoing the torture, should prove to be innocent, the accuser shall at once be delivered up to him as a slave, to be disposed of at his will, except that he shall not be deprived of life. But if he should be willing to make a compromise with his accuser, he may accept from the latter as large a sum as may compensate him for the sufferings he has endured. The judge shall take the precaution to compel the accuser to specifically describe the alleged offence, in writing; and after he has done so, and presented it privately to the judge, the torture shall proceed; and if the confession of him who is subjected to the torture should correspond with the terms of the accusation, his guilt shall be considered to be established. But if the accusation should allege one thing, and the confession of the person tortured the opposite, the accuser must undergo the penalty hereinbefore provided; because persons often accuse themselves of crime while being tortured. But if the accuser, before he has secretly given the written accusation to the judge as aforesaid, should, either in his own proper person, or by anyone else, inform the party of what he is accused, then it shall not be lawful for the judge to subject the latter to torture, because the alleged offence has become publicly known. This rule shall also apply to all other freeborn persons. But if the accusation should not be that of a capital crime, but merely of theft, or of some minor breach of the law, nobles, or persons of superior rank, such as the officials of our palace, shall, upon such an accusation, under no circumstances, be put to the question; and if proof of the alleged offence is wanting, he who is accused must declare his innocence under oath.

All persons of inferior rank, and freeborn persons, when accused of theft, homicide, or any other crime, shall not be tortured upon such an accusation, unless the property involved is worth more than fifty _solidi_. But if the property is of less value than fifty _solidi_, and the accused is convicted upon legal testimony, he shall be compelled to make restitution, as prescribed by other laws; or if he should not be convicted, after purging himself by oath he shall receive the satisfaction granted by the law for those who have suffered from an improper demand for torture.

We hereby especially provide that a lowborn person shall not presume to accuse a noble or one of higher rank than himself; but if such a person should accuse another of crime, and proof of the same should be wanting, the person accused shall at once purge himself of all guilt by oath, and swear that he never took, nor has in his possession, the property on account of which he was prosecuted; and oath having been made, as aforesaid, he who brought the false accusation shall undergo the penalty for the same, as prescribed by a former law. But whether the person subjected to the torture is a noble, one of inferior rank, or a freeman, he must be tortured in the presence of the judge, or of certain respectable men appointed by him; and in such a way as not to lose his life, or the use of any of his limbs; and because the torture must be applied for the space of three days, if, as the result of accident, or through the malice of the judge, or the treachery of anyone else, he who is subjected to it should die; or if the judge, having been corrupted by the bribes of the adversary of the accused, should not prohibit the infliction of such torments as are liable to produce death; the judge himself shall be delivered up to the nearest relatives of the accused person, that, on account of his injustice, he may undergo at their hands the same sufferings which he unlawfully inflicted upon the accused.

If, however, he should declare himself under oath to be innocent, and witnesses who were present should swear that death did not result from any malice, treachery, or corruption of which he was guilty, but only as a result of the torture itself; for the reason that the said judge did not use his discretion to prevent excessive cruelty, he shall be compelled to pay fifty _solidi_ to the heirs of the deceased; and if he should not have sufficient property to pay said sum, he shall be delivered up as a slave to the nearest heirs of the former. The accuser shall be surrendered to the nearest relatives of the deceased, and shall suffer the penalty of death, which he suffered who perished through his accusation.[32]

=ANCIENT LAW.=

=III. For what Offences, and in what manner, Slaves, of Either Sex, shall be put to the Torture, on account of the Crimes of their Masters.=

No slave, of either sex, shall be tortured in order to obtain evidence of crime against either his or her master or mistress, unless for adultery; or for some offence against the Crown, or against their country; or for counterfeiting, homicide, or witchcraft. And if slaves tortured for such reasons should be proved to be cognizant of the crimes of their masters, and to have concealed them, they shall be punished along with their masters in such way as the king may direct. But if they should voluntarily confess the truth before being put to the question, it will be sufficient if they undergo the torture in order to confirm their testimony, and they shall not suffer the penalty of death. But any slave of either sex, who, after being put to the torture for a capital crime, should also implicate his or her master, and the commission of said crime can be proved by competent evidence, they shall be subject to the same punishment as their master.

=FLAVIUS CHINTASVINTUS, KING.=

=IV. For what Offences, and in what manner, a Slave, or a Freedman, shall be Tortured.=

Where a slave is accused of any crime, the accuser must, before the torture is inflicted, bind himself to give to the master in his stead, another slave of equal value, if the innocence of the slave should be established. But if the accused slave should be found innocent, and should die, or be disabled from the effects of the torture, the accuser must at once give to the master two other slaves, each equal in value to the one killed or disabled. The one who was injured shall be free, and remain under the protection of his master; and the judge who neglected to use moderation in the infliction of torture, and thus violated the law, shall give to the master another slave equal in value to the one who perished by torture.

In order that all doubt may be removed concerning the value of slaves in dispute, no statement of artificial or fraudulent value of the same shall be accepted; but information of their age and usefulness shall be obtained by personal examination of the slaves themselves; and if he who was disabled was skilled in any trade, and he who injured him when he was innocent possesses no slave proficient in the same trade, he shall be forced to give to the master a slave skilled in some other trade; but if he should not have such a skilled artisan, and he whose slave was injured by the torture should not be willing to accept another in his stead, then the accuser shall pay to the master the value of the slave that was injured, according to a reasonable estimate made by the judge, or by men of respectability and established character. It must, however, be observed, that no one shall presume to subject any freeborn person or slave to torture, unless he shall make oath in the presence of a judge, or his representative, the master of the slave or his agent being also present, that through no artifice, fraud, or malice, he is inflicting torture upon an innocent person. And if, after having been put to the question he should die, and his accuser should not have the means to make the reparation required by law, he himself shall be reduced to slavery, for the reason that he was the cause of the death of an innocent man. And if anyone, through treachery, should attempt to subject the slave of another to torture, and the master of said slave should prove that he was innocent of crime, the accuser shall be compelled to give to the master of the accused slave another of equal value, and to reimburse said master for any reasonable expense that he has incurred in defence of his slave, until, in the opinion of the judge, full satisfaction has been rendered by the unjust accuser to the master of the innocent slave.

In case a slave is found guilty of a minor offence, the master, if he chooses to do so, shall have a right to compound the same; but every thief shall be scourged according to the degree of his guilt. Where a master is not willing to give satisfaction for graver offences, he must immediately surrender the slave to justice. Any freeborn person who desires to subject a respectable freedman to the torture, in the case of a capital crime, or of offences of less gravity, shall not be permitted to do so, unless the value of the property involved in the accusation amounts to at least two hundred and fifty _solidi_. But if said freeborn person should be of inferior rank, and a boar, he may be tortured, if the value of the property amounts to a hundred _solidi_.

Where he who is put to the question should, through want of proper care, be disabled, then the judge who did not exercise moderation in the infliction of torture, shall pay two hundred _solidi_ to him who suffered by his negligence; and he who caused him to be tortured unjustly, shall be compelled to pay him three hundred _solidi_; and if he should die while undergoing torture, the judge, as well as the accuser, shall each pay to the nearest relatives of the deceased the sums of money aforesaid. And, in like manner, in the case of freedmen of still lower rank, should anyone of them undergo mutilation or death, through want of caution on the part of those employing the torture, half of the sum hereinbefore mentioned as applying to respectable freedmen shall be paid to him who was tortured, should he be still living, or, if he is dead, to his heirs.[33]

=THE GLORIOUS FLAVIUS CHINTASVINTUS, KING.=

=V. In what way an Accusation shall be Brought to the Notice of the King.=

If any person should bring a false accusation against another before the king, and should allege that he has plotted against the throne, the people, or his country, or that he was committing, or had committed some act to their prejudice; or had been guilty of some fraudulent act against the authority of the Crown, or of those exercising judicial functions; or had executed, or published any forged document; or had coined any spurious money; or had been guilty of giving poison, or of practising witchcraft; or of committing adultery with the wife of another; he who brings accusation of these and similar crimes, the punishment of which involves the loss of life and property, where he can establish the truth of his charges, shall, in no way, be subject to censure. But if his assertions should prove to be false, and it should be evident that he had only made them through hatred, and in order that he whom he attempted to accuse might suffer death, or bodily injury, or the loss of his property; he shall be delivered over into the power of him he accused, that he may himself suffer the penalty which he endeavored to inflict upon an innocent person.

Where anyone states that he is in the possession of any fact which should be brought to the notice of the king, and should be, at the time, in the place where the court was sojourning, he shall straightway reveal all that he knows, or shall communicate it to the ears of the king through the agency of some reliable person. If, however, at the time, the king should be at a distance, and the said party should believe that information in his possession relating to the accusation of another, ought to be sent to the king by the hands of a messenger, he must draw up a letter, and in it set forth plainly what he wishes to say concerning the alleged guilt of the accused; and he must do this in the presence of him whom he has selected to convey the information to the king. And, in order that he may not be able to deny the aforesaid communication, three witnesses, known to be men of respectable character, must, in the presence of one another, affix their seals or signatures to said letter.

=FLAVIUS CHINTASVINTUS KING.=

=VI. How Kings should Practice the Duties of Mercy.=

Whenever a supplication is made to us on behalf of those who have been implicated in any crime against our majesty, we willingly give attention to such appeals, and exercise the prerogative of mercy when it is consistent with our power. We must, however, refuse to interfere when a crime of this kind has been committed against the nation and our country. Yet, if a prince should desire to be merciful to persons of such wicked character, he shall have the right to do so, with the approval of the ecclesiastics and the principal officers of the court.

=VII. He Alone shall be Considered Guilty who Committed the Crime.=

Punishment for all crimes shall be visited upon the authors of the same; and a father shall suffer no penalty on account of his son; nor a son on account of his father; nor a wife on account of her husband; nor a husband on account of his wife; nor a brother on account of his brother; nor one neighbor on account of another; nor any person on account of a relative; but he alone shall be adjudged to be guilty who is responsible for the offence, and the crime shall die with him who committed it. Neither successors nor heirs shall, under any circumstances, be placed in jeopardy on account of the acts of their parents.

TITLE II. CONCERNING MALEFACTORS AND THEIR ADVISERS,
AND POISONERS.

=I.= _Where a Freeborn Man Consults with a Soothsayer
Concerning the Health, or the Death of Another._

=II.= _Concerning Poisoners._

=III.= _Concerning Malefactors and their Advisers._

=IV.= _Concerning Those who are Guilty of Acts of Witchcraft, or
any Injury, towards Men, Animals, or any kind of Property
whatsoever._

=FLAVIUS CHINTASVINTUS, KING.=

=I. Where a Freeborn Man Consults with a Soothsayer Concerning the Health, or the Death of Another.=

Whoever plots the death of the king or any of his subjects, and, with a view to the execution of such a crime, consults diviners, augurs, or soothsayers; should he be freeborn, he shall be scourged, and be condemned to perpetual slavery in the public service, after the confiscation of all his property, or he shall be delivered up as a slave to anyone whom the king may select; and those who have given him advice shall undergo the same penalty. And if any children should be implicated in the crime of their parents, they shall be punished in like manner. But if said children should be innocent, they shall not be degraded in rank, and shall enjoy full and undisturbed possession of all the property which their parents have lost. Slaves who are implicated in such offences shall be tortured in various ways, sold, and transported beyond sea; as the vengeance of the law does not excuse those who have voluntarily participated in such infamous proceedings.

=FLAVIUS CHINTASVINTUS, KING.=

=II. Concerning Poisoners.=

Different kinds of crimes should be punished in different ways; and, in the first place, freemen or slaves who are guilty of preparing, or administering poison shall be punished in like manner; as for instance, if they should give poisoned drink to anyone and he should die in consequence; in such a case those who are guilty shall be put continuously to the torture, and be punished by the most ignominious of deaths. But if he who drank the poison should escape with his life, the party who administered it shall be given up into his power, to be disposed of absolutely as he may desire.

=FLAVIUS CHINTASVINTUS, KING.=

=III. Concerning Malefactors and their Advisers.=

Enchanters, and invokers of tempests, who, by their incantations, bring hail-storms upon vineyards and fields of grain; or those who disturb the minds of men by the invocation of demons, or celebrate nocturnal sacrifices to devils, summoning them to their presence by infamous rites; all such persons detected, or found guilty of such offences by any judge, agent, or superintendent of the locality where these acts were committed, shall be publicly scourged with two hundred lashes; shall be scalped; and shall be dragged by force through ten villages of the neighborhood, as a warning to others. And the judge, lest, hereafter, the aforesaid persons may again indulge in such practices, shall place them in confinement, and see that they are provided with clothing and food, to deprive them of an opportunity of inflicting further injury; or he may lay the matter before the king, to be disposed of at his royal pleasure. Those who are convicted of having given advice to such persons, shall each receive two hundred lashes in the assembly of the people, in order that all who have aided in the commission of such a crime may not go unpunished.

=FLAVIUS CHINTASVINTUS, KING.=

=IV. Concerning Those who are Guilty of Acts of Witchcraft, or any Injury towards Men, Animals, or any kind of Property whatsoever.=

We decree, by the present law, that if any freeman or slave, of either sex, should attempt to employ, or should employ, witchcraft, charms, or incantations of any kind with intent to strike dumb, maim, or kill, either men or animals; or injure anything movable; or should practice said arts to the detriment of crops, vineyards, or trees; he shall suffer in person and property the same damage he endeavored to inflict upon others.[34]

TITLE III. CONCERNING ABORTION.

=I.= _Concerning Those who Administer Drugs for the Production
of Abortion._

=II.= _Where a Freeborn Man Causes a Freeborn Woman to Abort._

=III.= _Where a Freeborn Woman Causes another Freeborn Woman to
Abort._

=IV.= _Where a Freeborn Man Produces Abortion upon a Slave._

=V.= _Where a Slave Produces Abortion upon a Freeborn Woman._

=VI.= _Where a Slave Produces Abortion upon a Female Slave._

=VII.= _Concerning Those who Kill their Children before, or
after, they are Born._

=ANCIENT LAW.=

=I. Concerning Those who Administer Drugs for the Production of Abortion.=

If anyone should administer a potion to a pregnant woman to produce abortion, and the child should die in consequence, the woman who took such a potion, if she is a slave, shall receive two hundred lashes, and if she is freeborn, she shall lose her rank, and shall be given as a slave to whomever we may select.

=ANCIENT LAW.=

=II. Where a Freeborn Man Causes a Freeborn Woman to Abort.=

If anyone should cause a freeborn woman to abort by a blow, or by any other means, and she should die from the injury, he shall be punished for homicide. But if only an abortion should be produced in consequence, and the woman should be in no wise injured; where a freeman is known to have committed this act upon a freewoman, and the child should be fully formed, he shall pay two hundred _solidi_; otherwise, he shall pay a hundred _solidi_, by way of satisfaction.

=ANCIENT LAW.=

=III. Where a Freeborn Woman Causes another Freeborn Woman to Abort.=

Where a freeborn woman, either by violence or by any other means, causes another freeborn woman to abort, whether, or not, she should be seriously injured as a result of said act, she shall undergo the same penalty provided in the cases of freeborn men.

=ANCIENT LAW.=

=IV. Where a Freeborn Man Produces Abortion upon a Slave.=

Where a freeborn man produces abortion upon a female slave, he shall be compelled to pay twenty _solidi_ to the master of the slave.

=ANCIENT LAW.=

=V. Where a Slave Produces Abortion upon a Freeborn Woman.=

Where a slave produces abortion upon a freeborn woman, he shall receive two hundred lashes in public, and shall be delivered up as a slave to said woman.

=ANCIENT LAW.=

=VI. Where a Slave Produces Abortion upon a Female Slave.=

Where a male slave produces abortion upon a female slave, he shall be compelled to pay ten _solidi_ to her master, and, in addition, shall receive two hundred lashes.

=FLAVIUS CHINTASVINTUS, KING.=

=VII. Concerning Those who Kill their Children before, or after, they are Born.=

No depravity is greater than that which characterizes those who, unmindful of their parental duties, wilfully deprive their children of life; and, as this crime is said to be increasing throughout the provinces of our kingdom and as men as well as women are said to be guilty of it; therefore, by way of correcting such license, we hereby decree that if either a freewoman or a slave should kill her child before, or after its birth; or should take any potion for the purpose of producing abortion; or should use any other means of putting an end to the life of her child; the judge of the province or district, as soon as he is advised of the fact, shall at once condemn the author of the crime to execution in public; or, should he desire to spare her life, he shall at once cause her eyesight to be completely destroyed; and if it should be proved that her husband either ordered, or permitted the commission of this crime, he shall suffer the same penalty.[35]

TITLE IV. CONCERNING INJURIES, WOUNDS, AND MUTILATIONS
INFLICTED UPON MEN.

=I.= _Concerning the Injury of Freemen and Slaves._

=II.= _Concerning Insolent Persons and their Acts._

=III.= _Concerning the Law of Retaliation, and the Amount to be
Paid in Lieu of the Enforcement of said Law._

=IV.= _Where a Person Deprives a Traveller of his Liberty,
against the Will of the Latter, and with Intent to do
him Injury._

=V.= _He who Violates the Law by Inflicting Injury upon
Another, shall undergo the same Punishment which he
Himself Inflicted._

=VI.= _He shall not be Considered Guilty who Struck Another,
when the Latter was about to Strike Him._

=VII.= _Where a Slave Insults a Freeborn Person._

=VIII.= _Where one Freeborn Person Strikes Another._

=IX.= _Where the Slave of Another is Mutilated by a Freeborn
Person._

=X.= _Where a Slave Strikes a Freeborn Person._

=XI.= _Where One Slave Mutilates Another Slave._

=I. Concerning the Injury of Freemen and Slaves.=

Where one freeborn person strikes another any kind of a blow upon the head, he shall pay five _solidi_ for a bruise, ten _solidi_ if the skin be broken, twenty _solidi_ for a wound extending to the bone, and a hundred _solidi_ where a bone is broken. If a freeborn man should commit any of the above named acts upon the slave of another, he shall pay half of the above named penalties, according to the degree of his offence. If one slave should strike another, as above stated, he shall pay a third part of the above penalties, proportionate to his offence, and shall receive fifty lashes. If a slave, however, should wound a freeborn person, he shall pay the largest sum hereinbefore mentioned, which is exacted from freeborn persons for assaults upon slaves, and shall receive seventy lashes. If the master should not be willing to give satisfaction for the acts of his slave, he must surrender him on account of his crime.

=II. Concerning Insolent Persons and their Acts.=

If anyone with a drawn sword, or armed with any kind of weapon, should insolently enter the house of another, with the design of killing the master of the same, and should be himself killed, no one shall be held responsible for his death; but if he who entered said house should kill anyone, he shall be put to death at once. But if he should not commit any crime, he must at once give satisfaction, according to law, for any injury resulting from his act. And if he who entered the house of another by violence, should steal anything there, he shall be compelled to pay elevenfold the value of what he carried away. And if he should not have the means to pay the amount due, he shall be given up to serve as a slave; and if no damage should result from his violent entrance into the house, and he should not steal anything therefrom; for the mere fact of his forcible entry, he shall be compelled to pay ten _solidi_ and shall receive a hundred lashes in public; and if he should not be possessed of said sum, he shall receive two hundred lashes. If any other freeborn persons, who were not under his orders or subject to him, or under his protection, should enter with him into the house; all of them, as giving consent to a high-handed and illegal act, shall undergo similar condemnation and penalties. If they should not have the property wherewith to render satisfaction, each one of them shall receive a hundred and fifty lashes; but they shall not lose the right to testify in court. But if they were under the protection, or in the service of the aggressor, and it is proved that he ordered them to commit the act of violence, or that they participated in it with him, the patron alone shall be held liable for all damage committed, as well as for the penalty; for they were not guilty who only carried out the orders of their superior. If a slave should commit such an act of violence without the knowledge of his master, he shall receive two hundred lashes, and shall be compelled to restore whatever he carried away. If, however, the slave acted with the knowledge of his master, the latter must give satisfaction for his act, as has been hereinbefore provided in the cases of freeborn persons.

=FLAVIUS CHINTASVINTUS, KING.=

=III. Concerning the Law of Retaliation, and the Amount to be Paid in Lieu of the Enforcement of said Law.=

The bloody rashness of some persons must be legally revenged by even the most severe penalties; for when anyone fears that he will suffer for what he has done, he is liable to abstain from the commission of crime. Therefore, if any freeborn person should dare to shave the head of another; or should mark, or scar him by violence inflicted either upon his face, or upon any other part of his body, by the use of a scourge, a whip, or any weapon; or, by maliciously dragging him upon the ground, should soil or defile him; or should maim him in any part of his limbs; or should restrain him of his liberty, by placing him in jail, or in any other place of confinement; or should order him to be imprisoned by others; or to be kept in custody and sold as a slave; having been apprehended by the judge, the same person shall receive by way of retaliation, whatever he inflicted, or attempted to inflict, upon another. And if he who suffered from his violence, or endured insult through his agency, should desire to receive pecuniary compensation from the culprit, he shall be entitled to recover such a sum as he may estimate will compensate him for the injuries he has sustained. We forbid, however, retaliation to be made for a blow with the fist or with the foot, or for any stroke upon the head; lest, when the retaliation is inflicted, a greater or more dangerous injury may result.

Where an aggressor commits such acts without causing any injury to the limbs, for a slap, he shall receive ten lashes; for a blow with the fist, or a kick, he shall receive twenty lashes; for a stroke on the head, if the blood should not flow, thirty lashes. And if he by whom the injury was produced, or who is said to have instigated it, where the act was not deliberately committed, but was the result of a sudden quarrel, should prove that it was caused by the fault of another, and against his own will, and, in the affray, an eye should have been lost, he shall pay a hundred _solidi_ as a penalty. But if it should appear that the party injured can still see with the damaged eye, he may accept a pound of gold from the aggressor, by way of compensation. Where anyone is struck on the nose, and it should be entirely destroyed, the culprit shall pay a hundred _solidi_. If the blow upon the nose should be of such a character as to lay open the nostrils, the judge shall impose a penalty according to the deformity produced; and we decree that the same rule shall apply to injuries done to the lips and to the ears. A hundred _solidi_ shall be paid for any injury to the loins. Whoever cuts off the hand of another entirely, or injures it with a blow so that the party cannot make use of it, shall pay a hundred _solidi_ by way of reparation for such injury. Fifty _solidi_ shall be paid for the loss of the thumb; for that of the forefinger, forty _solidi_; for that of the middle finger, thirty; for that of the fourth, twenty; for that of the fifth finger, ten _solidi_. Similar sums also shall be exacted for injuries inflicted upon the feet. For every tooth lost by violence, twelve _solidi_ shall be paid. Whoever breaks the leg of another, and the latter thereby is rendered lame, shall pay him a pound of gold; and all the provisions above stated in regard to such injuries, shall apply where the rights of freemen are involved. But if a slave should commit any of the unlawful acts hereinbefore specified, or should he only shave the head of a freeman, he shall be delivered up into the power of the latter to be dealt with according to his pleasure. If, on the other hand, a freeborn person should shave the head of a slave belonging to another, or should give orders to shave the head of a peasant, he shall pay his master ten _solidi_. Where the slave is of superior rank, the offender shall not only be forced to pay the aforesaid sum of ten _solidi_ to his master, but shall also receive a hundred lashes. If he has maimed the slave in any part of his body, or has ordered another to mutilate him, he shall receive two hundred lashes; and shall be compelled to give to the master of said slave, another of equal value to the one he has injured, by way of satisfaction. And if any freedman should commit any of the crimes hereinbefore specified against any freeman; for the reason that he was of inferior rank, not only shall the violence he committed be visited also upon him, but he shall, in addition, receive a hundred lashes with the scourge. And if a person born free should injure a freedman in any of the ways hereinbefore mentioned, he shall pay the third part of the amount for which freeborn persons are liable. If one slave should mutilate another without the knowledge of his master, or should shave his head, he shall undergo the same injury which he has inflicted, and shall receive a hundred lashes in public. If a slave, without the knowledge of his master, should seize and confine a freeborn person, he shall receive two hundred lashes in public. But where a slave commits any of these acts, with the consent of his master, the master only shall undergo the penalty, and pay the damages which are prescribed by this law in the case of freeborn persons. Where a freeborn person imprisons the slave of another who is innocent, he shall pay three _solidi_ to his master. If one slave should imprison another, without the consent of the latter’s master, he shall receive a hundred lashes. Where the slave committed the act, with the knowledge of his master, the master of said slave shall be compelled to pay three _solidi_. If any freeborn man shall detain the innocent slave of another in custody, day or night, or should cause him to be detained by another, he shall pay to the master of the said slave, for every day that he is thus restrained of his liberty, three _solidi_, and for every night an equal sum; and if the innocent slave is proved to have been thus imprisoned by the said freeman for several days, the latter shall be compelled to pay to the master the same sum of three _solidi_ for every single day and night during which said slave was imprisoned. Any freeman who shall strike the slave of another with a whip, or scourge, or any kind of weapon, in such a way as to cause the blood to flow, or a bruise to appear, shall pay to the master of the slave one _solidus_ for every blow inflicted; or, if serious injury should result, by which he who was struck was either killed or maimed, the offender shall pay for such an act, whatever sum the court, in its judgment, shall deem proper. Where one slave commits an assault upon another slave, the judge shall determine, according to the nature of the injury, the amount of the sum to be paid by the slave, or his master; which sum shall be equal to half that paid by a freeman under similar circumstances, and the slave shall receive a hundred lashes, in addition, for his insolence. All the provisions of this law shall apply to the cases of men as well as to those of women, in order that the questions left to the discretion of the judge by this and other laws, may be quickly decided.

If a judge, influenced by friendship, or corrupted by a bribe, should not dispose of a case in an equitable manner, or should neglect to at once impose a penalty, he shall be deprived of his judicial power for the future, and shall be compelled by the bishop, or the governor, to render satisfaction out of his own property, to an amount which said bishop or governor shall determine, to him to whom he refused to do justice; in order that he, who voluntarily refused to redress the wrongs of another, may be forced to undergo the loss of his own possessions.

=ANCIENT LAW.=

=IV. Where a Person Deprives a Traveller of his Liberty, against the Will of the Latter, and with Intent to do him Injury.=

If anyone, while on a journey, should be unlawfully restrained of his liberty by another, and no indebtedness should exist between them, he who has been so restrained shall be entitled to five _solidi_ for the injury he has undergone; and if the offender should not have such a sum, he shall receive fifty lashes. But if one party should be indebted to another, and should refuse to pay the debt, the creditor may, without inflicting any injury upon him, bring him before the judge of the district, and the latter shall make such an order as he thinks to be just. Where a slave commits such an act, without the order of his master, he shall receive a hundred lashes. But if he should have done this under the direction of his master, said master shall be liable for the payment of the sum hereinbefore mentioned.

=FLAVIUS CHINTASVINTUS, KING.=

=V. He who Violates the Law by Inflicting Injury upon Another, shall undergo the same Punishment which he Himself Inflicted.=

It is no less a fault to be ignorant of the laws than, knowing them, to commit crimes. Wherefore, whoever, up to this time, or hereafter, has perpetrated, or shall perpetrate, any act forbidden by law, and shall either declare that he was ignorant of the law, or shall plot to carry out any act that shall enure to the injury or danger of anyone, alleging, at the same time, that such act is not prohibited by law, and that for this reason he cannot be held liable for its commission, and should such person be convicted, he shall at once undergo the same dangers, ignominy, tortures, suffering, or pecuniary loss, which he inflicted, or attempted to inflict, upon another; shall receive, in addition, a hundred lashes in public, and shall be scalped, as a mark of perpetual infamy.[36]

=FLAVIUS CHINTASVINTUS, KING.=

=VI. He shall not be Considered Guilty who Struck Another, when the Latter was about to Strike Him.=

It is no crime to resist another, where the violence of the attacking party is manifest. Whoever, therefore, should recklessly attempt to strike, or should strike, another with a whip, or sword, or with any weapon whatsoever, and the offender should then be so wounded by the party whom he attacks that he dies, such death shall not be considered homicide, nor shall he be liable to any reproach who struck the fatal blow; because it is more proper for a living person to defend himself against an angry man, than to be revenged after his own death. And whoever, in anger, draws a sword against anyone, even though he should not strike him, shall be forced, on account of his insolence, to give ten _solidi_ to him whom he thus threatened.

=FLAVIUS RECESVINTUS, KING.=

=VII. Where a Slave Insults a Freeborn Person.=

No slave, however respectable he may be, shall act insolently, arrogantly, or seditiously, towards a person of noble and illustrious lineage; and, should one be guilty of such conduct, he shall be sentenced by the judge to receive forty lashes with the scourge. A slave of inferior position shall be punished with fifty lashes with the scourge. Where a person of exalted rank first provokes the slave of another, and is insulted in consequence, he must attribute it to his own bad behavior; since, as he was forgetful of honor and patience, he only received what he deserved.

=ANCIENT LAW.=

=VIII. Where One Freeborn Person Strikes Another.=

If one freeborn person should inflict a wound upon another, and the wounded person should die at once, the attacking party shall be punished for homicide; and if he who was wounded should not die immediately, the aggressor must either be confined in prison, or released on bail. Should the person who was wounded escape with his life, he who injured him must pay him twenty _solidi_, on account of the attack alone; and, if he should not have that sum, he shall receive two hundred lashes in public, and, in addition to this, he shall be compelled to pay such damages, for the wound he inflicted, as may be assessed by the judges.

=ANCIENT LAW.=

=IX. Where the Slave of Another is Mutilated by a Freeborn Person.=

If any freeman should voluntarily mutilate the slave of another, he shall be compelled to give at once to his master, another slave of equal value; and he shall retain the one that was injured, to be cared for at his expense until he is cured. And if he should afterwards recover, the person who inflicted the wound shall pay such an amount in damages as may seem just to the court. And should he, afterwards, be restored to his master, safe and sound, said master shall receive him again as his slave. The aggressor, on account of the boldness of his act, inasmuch as he did not commit murder, but only ventured to wound the slave of another, shall pay ten _solidi_ to his master.

=X. Where a Slave Strikes a Freeborn Person.=

If a slave, without the order of his master, should strike a freeborn person, and the latter should die at once, from the effect of the blow, the slave shall be punished for homicide; but if the wounded person should not die immediately, the slave shall be imprisoned; and if he who was wounded should recover, his assailant shall receive two hundred lashes. The master, if he should wish to do so, may pay, in satisfaction of the injury, whatever sum may be assessed by the court; and, if he should refuse to do this, the slave shall be given to the party injured, in satisfaction for his crime.

=XI. Where One Slave Mutilates Another Slave.=

Where one slave inflicts mutilation upon another, he shall receive a hundred lashes, in addition to the pecuniary satisfaction due for the wound; and if, as a result of said wound, the other should be partially disabled, the judge shall estimate how much his value has been diminished in consequence. If his master should refuse to accept the sum thus estimated, as satisfaction, he shall be entitled to receive the price of the slave who was injured, or one of equal value, from him whose slave committed the attack; and said master shall retain the mutilated slave as his own. We decree that this law shall also apply to female slaves.

TITLE V. CONCERNING HOMICIDE.

=I.= _Where One Kills Another without Knowing it._

=II.= _Where One Kills Another without Seeing Him._

=III.= _Where One, being Pushed, Kills Another._

=IV.= _Where One, Seeking to Strike Another, Kills a Third
Person._

=V.= _Where One is Killed while Interfering in a Quarrel._

=VI.= _Where One, Intending to Inflict a Slight Injury, Kills
Another._

=VII.= _Where One, in Sport, or Recklessly, Kills Another._

=VIII.= _Where One Kills Another through Immoderate Punishment._

=IX.= _Where a Freeman Kills a Slave by Accident._

=X.= _Where a Slave Kills a Freeman by Accident._

=XI.= _Where One Man Intentionally Kills Another._

=XII.= _No Master shall Kill his Slave without Good Reason; and
Where One Freeman Kills Another._

=XIII.= _No One shall Deprive a Male or Female Slave of a Limb._

=XIV.= _Any Person may bring an Accusation of Homicide._

=XV.= _Both Relatives and Strangers have a Right to Accuse a
Person of Homicide._

=XVI.= _Where a Homicide Takes Refuge in a Church._

=XVII.= _Concerning Parricides, and the Disposition of their
Property._

=XVIII.= _Concerning Those who Kill Others Related to Them by
Blood._

=XIX.= _Where One Blood Relative is Accidentally Killed by
Another._

=XX.= _Where One Slave Kills Another by Accident._

=XXI.= _Concerning Those who Destroy their Souls by Perjury._

=FLAVIUS RECESVINTUS, KING.=

=I. Where One Kills Another without Knowing it.=

Whoever kills another ignorantly and unintentionally, if he has cherished no animosity against him, is not guilty of murder according to the Word of God; for it is not just that he should suffer the penalty of homicide who committed the act against his will.

=FLAVIUS CHINTASVINTUS, KING.=

=II. Where One Kills Another without Seeing Him.=

If one man should kill another, either standing, coming, or passing by, not being aware of his presence at the time, where no cause of enmity had previously existed between them, and he who committed the homicide shall declare that he did it involuntarily, and shall be able to prove this in court, he shall depart in safety.

=FLAVIUS RECESVINTUS, KING.=

=III. Where One, being Pushed, Kills Another.=

If anyone, either by accident, or by being pushed in any way, or by rushing headlong upon another, should kill him, he shall not be liable to the penalties of homicide. But if one man should push another, and, impelled by that push, the latter should kill a third party, and he who gave the push did so without malice, he shall pay a fine of a pound of gold, because he neglected to avoid the commission of an injury.

=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=

=IV. Where One, Seeking to Strike Another, Kills a Third Person.=

Whenever, in a quarrel, anyone, while endeavoring to strike his adversary, unwillingly kills a third person, a legal investigation must be made to determine who originated the quarrel; and if it should be found that he was guilty who was first struck at, then he who stirred up the strife, although he escaped the blow, yet, because it is apparent that he was the cause of the homicide, shall pay a fine of a hundred golden _solidi_. He who struck the blow shall pay fifty _solidi_ to the nearest relatives of the person who was killed. Thus both pay a penalty; one, because he intentionally gave an opportunity for the commission of homicide; the other, because he unintentionally committed said homicide.

=FLAVIUS RECESVINTUS, KING.=

=V. Where One is Killed while Interfering in a Quarrel.=

If any freeman should interfere in a quarrel for the purpose of making peace, and should be killed in consequence, and he who struck him shall be able to prove, either by his own oath, or by the testimony of respectable witnesses, that the act was not committed intentionally, because the party who struck the fatal blow did not wish to commit assault or homicide upon the person who was killed, he shall pay a pound of gold to the relatives of the person who lost his life; and, in like manner, if any wound was inflicted under similar circumstances, the person who inflicted it shall pay a third part of the aforesaid sum; for the reason that the death of him who interfered for the purpose of making peace should not be unavenged.

=FLAVIUS RECESVINTUS, KING.=

=VI. Where One, Intending to Inflict a Slight Injury, Kills Another.=

Where anyone, attempting to commit an injury, gives a kick, or a blow with the fist, or commits any other violent act, and death should result, the guilty party shall be punished for homicide.

=VII. Where One, in Sport, or Recklessly, Kills Another.=

Whoever incautiously, or recklessly, or in sport, or in a crowd, unintentionally, by a fatal blow, strikes or kills anyone; because no malicious intention or desire to injure existed, shall incur no infamy for having committed an assault or homicide, even though he should be convicted by oath, or by the testimony of witnesses; nor shall he be liable to punishment by death, because he did not kill the person intentionally. But, for the reason that he struck the fatal blow without due caution, and did not attempt to avoid an accident, he shall pay a pound of gold to the nearest relatives of the deceased, and shall receive fifty lashes with the scourge.

=FLAVIUS RECESVINTUS, KING.=

=VIII. Where One Kills Another through Immoderate Punishment.=

If it should happen that a scholar, or any person under the patronage, or in the service of another, while undergoing moderate corporeal punishment, inflicted by his teacher, patron, or master, should die as a result of the same; and that he who inflicted the punishment entertained neither hatred or malice toward him whom he killed; he shall neither be rendered infamous, nor punished on account of the homicide; for the reason that it is said in the Holy Word of God that he shall be unhappy, who does not inflict punishment.

=FLAVIUS RECESVINTUS, KING.=

=IX. Where a Freeman Kills a Slave by Accident.=

If a freeman should kill a slave not intentionally, but by accident, he shall be compelled to pay to the master of the slave one-half of the amount which has been provided by way of reparation in the case of freeborn persons, under similar circumstances.

=FLAVIUS RECESVINTUS, KING.=

=X. Where a Slave Kills a Freeman by Accident.=

If a slave should kill a freeborn person not intentionally, but accidentally, he shall pay the same sum which a former law has provided in the case of other freeborn persons. But if the master should be unwilling to pay said sum for his slave, the latter must, at once, be given up to justice.

=ANCIENT LAW.=

=XI. Where One Man Intentionally Kills Another.=

Every man who kills another intentionally, and not by accident, is liable to punishment for homicide.

=FLAVIUS CHINTASVINTUS, KING.=

=XII. No Master shall Kill his Slave without Good Reason; and Where One Freeman Kills Another.=

If anyone who is guilty of crime, or of giving wicked counsel to another, cannot escape punishment, how much more liable is he who deliberately and maliciously commits homicide? For this reason, as very frequently, through the excesses of cruel masters, slaves are deprived of their lives, without having committed any crime; it is proper that this license should be entirely abolished by means of the following law, which shall be hereafter observed by all, to wit: that no master or mistress shall deprive either their own slaves, or the slaves of others, of life, without an order of court. But if such a slave should acknowledge his guilt of a crime for which he is liable to punishment by death, his master or his accuser shall straightway communicate the fact to the judge of the district where the deed was committed; or to the governor of the city, or the governor of the province; and if, after an investigation, it is evident that the crime has been committed, the culprit shall receive, either from the judge or from his own master, the punishment of death, which he deserves.

If the judge should be unwilling to order him to be executed he shall commit his sentence of death to writing, and the master shall then have the power to either kill him, or to spare his life. If a slave, of either sex, while resisting his or her master, should strike him with a sword, stone, or with any weapon; or should attempt to strike him; and the master, in his own defence, should immediately kill the slave, he shall not be punished for homicide, if it is evident that he defended himself; that is to say, if he can establish by the testimony, or the oaths of other slaves who were present, and by his own oath, that he was acting in his own defence. Where any person, through malice, either acting himself or through the agency of another, kills his own slave, he shall be deprived of the right to testify in court thereafter, as a mark of infamy; and, in order that such rashness may be prevented, he shall be exiled as long as he lives, and be forced to do penance, and his property shall be given to those whom the law has designated as his nearest heirs. Anyone who shall deliberately or intentionally kill, or order to be killed, a slave, of either sex, belonging to another, shall be compelled to give two slaves of equal value, to the master of the one who was killed; and the homicide, according to the provision hereinbefore stated, shall be sentenced to perpetual exile. And if either a master or a mistress, influenced by a sense of injury, or by anger, while inflicting punishment upon a slave of either sex, whether their own, or belonging to another, should kill such slave by a blow; and should be able to prove, either by witnesses, or by his or her own oath, that he or she involuntarily committed said homicide; such person shall not be amenable to punishment under this law. Where any male or female slave admits that he or she has, at the instigation, and with the consent of their master, killed a fellow slave or any other person, and, having been put to the torture, should accuse their master of having planned the crime for his own benefit; said slaves shall be publicly scourged with a hundred lashes, and shall be scalped as a token of infamy. If, however, the master should swear that he has not ordered, or influenced said slave, in any way, he shall not be considered guilty under this law; and the slave who committed the homicide shall be delivered up into the power of the master of the slave who was killed, to be disposed of at his pleasure; for any slave who kills another slave must be surrendered to the master of the latter.

Where a freeborn person has been convicted of having killed anyone by treachery, and for the purpose of robbery, while the latter was either on a journey or at home, he shall be at once punished for homicide; and as anyone who by counsel, or by order, instigates another to commit murder, is to be regarded as more infamous than he who perpetrated the deed, it is hereby especially provided that, except in the case of slaves, as hereinbefore set forth, if either a master or a mistress should order a freeborn person, of either sex, to be killed by a slave, and, after a severe, public investigation by torture, confession of the crime is made by said slaves, implicating their master or mistress, their testimony concerning the latter shall not be received, unless they are able to confirm it by the evidence of reputable witnesses. The master who is thus accused, must, at once, in the presence of the court, purge himself of all guilt by oath. Those who confess that they committed the homicide, shall either be punished for the crime, or shall be surrendered to the parents or the relatives of him who was killed, that they may do with them whatever they desire. Where the master is unable to make oath, as aforesaid, the male or female servant who has perpetrated such an infamous act, shall receive two hundred lashes, and shall be scalped as a mark of infamy. The master, by whose order such wickedness has been committed, shall suffer the punishment of death.

If several freeborn persons, by common agreement, should plan the perpetration of a homicide, he who struck the blow, or actually committed the deed, shall be put to death. The others, however, who are convicted of having plotted the crime, although they did not take an active part in its perpetration, shall nevertheless, on account of their wicked counsel, each receive two hundred lashes in public, and undergo the ignominy of being scalped. And, in addition, each shall be compelled to pay fifty _solidi_ to the nearest relatives of the deceased, and should any of them not be possessed of such a sum, he shall be delivered over to them to be their slave forever.[37]

=FLAVIUS RECESVINTUS, KING.=

=XIII. No One shall Deprive a Male or Female Slave of a Limb.=

By a former law we have restrained masters, actuated by unbridled rage, from putting their slaves to death. Now that they may not deform man, who was made in God’s own image, while in the act of practising cruelty upon those who are subject to them, we must forbid corporeal mutilation. For which reason, we decree that if any master or mistress, without a preliminary investigation in court, should openly and wickedly, deprive their slave of his nose, lip, tongue, ear, or foot; or should tear out his eye; or should mutilate any other part of his body; or should order anyone else to perpetrate any of these acts; he or she shall be sentenced by the bishop in whose territory they live, or where the deed is proved to have been committed, to three years of exile, with penance.

Where such persons have children, who are not implicated with them in their crime, the latter shall take charge of all their property, and care for it; and shall restore it, with an account of their management of the same, when their parents return from exile. If, however, they have no legitimate children, the judge shall give said property into the keeping of other relatives; who, in like manner, upon return of the exiles, must restore to them said property, with an account of their management of the same. But should there be no such relative, the judge himself shall take charge of the property and preserve it, and, in like manner, give an account of it, when the parties return from exile.

=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=

=XIV. Any Person may bring an Accusation of Homicide.=

If no one should be willing to accuse another of homicide, the judge, as soon as he learns that the crime has been committed, shall have the power to apprehend the guilty party, that he may receive the sentence he deserves; for the punishment of the crime may be unduly deferred, either on account of the absence of the accuser, or because some collusion exists between him and the murderer. A wife shall have the right to inquire into the death of her husband, or into any injury he has suffered at the hands of another; and a husband has, likewise, the same privilege in the case of a wife, and may demand that the crime be avenged by law. If either husband or wife should die while they had the intention of prosecuting a criminal, and, in consequence thereof, said prosecution should be left incomplete, their children or relatives, who stand next in the line of hereditary succession, shall have full power to accuse the offender, or the homicide, and to carry on the prosecution just as parents can do. The children or aforesaid relatives, shall not be entitled to the property of the offender or homicide, unless he should have previously undergone the punishment prescribed by law for his crime. If the judge, after having been notified, should refuse to avenge the crime, and, by reason of his delay or neglect, the matter should finally be brought to the attention of the king, the judge shall be compelled to give half of the legal composition for the homicide; that is to say, two hundred and fifty _solidi_, as a penalty for his disregard of his judicial duties. No one shall have a right to claim the property of anyone who is punished for a crime, before the sentence prescribed by law for said crime has been pronounced by the court.

=FLAVIUS CHINTASVINTUS, KING.=

=XV. Both Relatives and Strangers have a Right to Accuse a Person of Homicide.=

As it is proper that those who are guilty of other crimes should receive the penalties which they deserve, it must be regarded as infamous that homicides, whom it is but right should be treated with greater severity, should escape without punishment. Therefore, that no one who has committed a homicide may escape, or think that, by making excuses, he can avoid the consequences of his crime; the right of prosecution is hereby given, in the first place, to the relatives of the deceased; and if said relatives should be either lukewarm, or dilatory in inquiring into the death of their relative, then other relatives, as well as strangers, shall have the right to prosecute the offender. Any person who fraudulently attempts to defend or excuse a homicide, shall be compelled to pay to the accuser, double the amount which he has corruptly received. For no one guilty of homicide can ever feel secure, so long as he knows that everyone has the right to prosecute him.

=FLAVIUS CHINTASVINTUS, KING.=

=XVI. Where a Homicide Takes Refuge in a Church.=

We are not unmindful that, heretofore, many laws have been enacted, and penalties to be inflicted upon the guilty prescribed according to the nature of the crime, whether it be homicide or some other offence. Yet, because the authors of these wicked deeds who are as ready to commit them as they are cunning in seeking opportunities to escape punishment, and, as they, for the most part, betake themselves for protection to the churches of God, while, at the same time, they do not fear to commit crimes in violation of the Divine precepts; for the reason that wickedness of this kind should never go unpunished, because it destroys life, and frequently impels the minds of men to the commission of worse offences, we promulgate the following decree, to be observed through all time, to wit: That, as the law directs that every homicide or malefactor shall be punished, so, whoever, according to his own impulse, or evil disposition, commits such a crime, shall never be released from liability to the law, by any excuse or influence; but in case he should take refuge at the Holy Altar, a pursuer shall not presume to remove him from it without the consent of the priest. The priest having been consulted, however, and oath made that the party sought is a criminal, and liable to be publicly condemned to death; the priest himself shall drive him from the altar, and eject him from the choir; so that he who is pursuing him may arrest him.

He who has thus been driven from the church shall not, however, be liable to the penalty of death; but the sight of his eyes shall be entirely destroyed; or he may be delivered up into the power of the parents or relatives of him whom he killed; and the latter shall have the right to dispose of him at their pleasure, excepting they shall not put him to death; as a warning to prevent the intentions of depraved men from being carried into effect, when they know what punishments are prepared for them; and that he whom a wicked impulse often drives to the commission of an unlawful act, may, through terror, abstain from evil.

=FLAVIUS CHINTASVINTUS, KING.=

=XVII. Concerning Parricides, and the Disposition of their Property.=

As no homicide intentionally committed is left unpunished by our laws, and as he who kills a blood-relation is more deserving of death than an ordinary murderer; we therefore promulgate the following edict, to be hereafter observed through all ages: That whoever shall be guilty of parricide; that is to say, whoever shall purposely, or actuated by the impulses of a depraved mind, kill his father, his mother, his brother, his sister, or anyone else nearly related to him, shall be immediately arrested by the judge, and put to death in the same manner as that by which he deprived his victim of life. Where the party guilty of the crime of parricide has no children, all his or her property shall belong to the nearest heirs of the person killed. If he or she should have children by another marriage, half of said property shall belong to the heirs of the person killed, and half to the children of the parricide, provided they were not implicated in the crime of the father or mother; but, if they were implicated in said crime, all of said property shall belong to the children of the deceased. But if neither the parricide nor his victim should have left any children, then the parents of the person who was killed, or his nearest relatives, or such persons as have taken upon themselves the duty of avenging his death, shall have the undoubted right to claim for themselves the entire property of said parricide.

=ANCIENT LAW.=

=XVIII. Concerning Those who Kill Others Related to Them by Blood.=

If a father should kill his son; or a son his father; or a husband his wife; or a wife her husband; or a mother her daughter; or a daughter her mother; or a brother his brother; or a sister her sister; or a son-in-law his father-in-law; or a father-in-law his son-in-law; or a daughter-in-law her mother-in-law; or a mother-in-law her daughter-in-law; or if any of said persons should kill anyone else related to them by blood or lineage, they shall be condemned to death. And, if on account of his crime, the homicide should flee to a church, or take refuge at the Holy Altar, he shall be delivered up into the power of the parents or relatives of him whom he killed; and they shall have full authority to dispose of him, according to their pleasure, except to deprive him of life. And we decree that all his property shall go to the heirs of the person killed, as hereinbefore provided; or be forfeited to the Crown, should the person killed leave no near heirs; for a homicide, if liberated, has no right to the enjoyment of his property, even should he escape the penalty of death.

=XIX. Where One Blood Relative is Accidentally Killed by Another.=

If a father should kill his son; or a son his father; or a mother her daughter; or a brother his brother; or any person one nearly related to him; and he who commits such an act should be impelled by injury, or should be acting in self-defence, and it can be proven in open court, by respectable witnesses, who are worthy of credit, that the parricide was committed in self-defence; the party accused shall be in no danger of his life, and shall be discharged, without loss of property or subjection to torture; such discrimination being used as is proper in all cases of homicide.

=FLAVIUS RECESVINTUS, KING.=

=XX. Where One Slave Kills Another by Accident.=

If one slave should be convicted of having accidentally killed another, his master shall pay to the master of the slave who was killed, by way of compensation, one half the sum required by law, under similar circumstances, where death ensues as the result of an accident. If the master should refuse to give satisfaction as aforesaid, he must surrender the slave to the master of the one who was killed.

=ANCIENT LAW.=

=XXI. Concerning Those who Destroy their Souls by Perjury.=

If anyone, on account of oppression of any kind, should knowingly conceal the truth or should perjure himself; as soon as the fact shall come to the knowledge of the judge, he shall be arrested; shall receive a hundred lashes; shall be branded as an infamous witness; and shall never again be permitted to testify in court. And, as has been provided by a former law relating to perjury, a fourth part of his property shall be given, by order of the judge, to him whom he attempted to defraud.