Book III: Concerning Marriage

[Sultan 3953]

Title I: Concerning Nuptial Contracts

I. Marriage shall not be Entered into without a Dowry.

II. It shall be as Lawful for a Woman to Marry a Man, as for a Woman to Marry a Man.

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

IV. When a Gift is made by way of Pledge, a Nuptial Contract cannot he Rescinded.

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

VI. What Property the Dowry shall consist of.

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

VIII. In case of the Death of the Father, the Disposition of the Children, of both Sexes, in Marriage,

shall belong to the Mother.

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

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

Contested.

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

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

celebration of the marriage, nor the honorable obligation of the written contract accompany it?

II. It shall be as Lawful for a Woman to a Man, as for a Man to Marry a Women.

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

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

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

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

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

dowry have been carried out according to law, then the marriage shall be celebrated.

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

The law of nature is framed in the direct hope of progeny when the nuptial contract is entered into with all due solemnity For if a marriage takes place between persons who are incompetent, either through age or some personal defect, to properly perform their marital duties, how can their offspring be

other than dwarfed or deformed? For that cannot be perfect whose origin is defective. We sometimes see persons who, not observing the laws of nature, but induced by avarice, dispose of their children in marriage so improperly, that neither the age, rank, or morals of the parties concerned, are considered by

them. For though men have received their name from the fact that they control women by their superior strength; some, in violation of the laws of nature, give the priority to women, when they unite females of advanced age with boys who are little more than children; and thus, for the sake of gain, and through

unwise delay, encourage the commission of vice by the former. Therefore, that an end may be put to practices whose results are unfavorable to future generations, we now decree, that, hereafter, women shall always marry men who are older than themselves, and a marriage under other circumstances shall

not be valid, if either of the parties should object. A space of time, not longer than two years, shall be permitted to elapse from the day of betrothal to the day of marriage; unless a longer period shall be agreed upon by the parents or relations, or by the parties themselves, if they are of age. But if, after the contract has been made, it is determined by common consent to defer the date of the nuptials; or if one of the persons should fail to be present, through necessity, this may be done; but the marriage shall not

then be deferred longer than two years more. And if a second time, or several times, it may be desirable to prolong the interval, it shall only be for a period of two years; otherwise, the marriage contract,

though made in writing, and accompanied with the delivery of the dowry, shall not be valid. If any one unnecessarily or arbitrarily should protract the time, and violate the marriage contract, he shall be liable

to the penalty which is contained in it, and the contract shall still remain in force. Any woman who has had one or more husbands, shall after the death of those husbands, be permitted to marry any man of proper age who has never been married before, or who has had one or more wives already deceased.

VI. What Property the Dowry shall consist of.

As disputes concerning the dowry often arise between parties contemplating marriage, it is a matter of common advantage that no doubt should hereafter be possible under this our law. Therefore, we decree and declare, that the following law shall be perpetually observed hereafter, to wit: that if any one of the nobles of our palace, or of the principal personages of the Gothic nation, should demand in marriage for his son either the daughter of another, or the widow of any one; or if any one should choose for

himself a wife, of the aforesaid rank; no person shall pay, or bind himself to pay, as the dowry of the girl or woman, more than the tenth part, of his property. But if it should happen that a parent should

wish to give the dowry for the benefit of his daughter-in-law, he can then give as said dowry, the tenth part of the property which his son would inherit from him in case of his death; and, in addition, he must

give ten young men and ten young girls, and twenty horses: or, in ornaments, as much as would amount in value to a thousand Horens. And the wife shall have absolute liberty to dispose of this property if she should not leave any sons, and if she should die intestate, this donation shall go to the nearest heirs of the husband. It shall not be lawful for the parents of the girl, or for the girl herself, or for any woman, to ask more as a dowry from the bridegroom, than is provided for by this law, and, as was permitted by the old laws, the girl, or the woman, may give to the bridegroom as much out of her own property as she herself has demanded of him, should she desire to do so. If the bridegroom should promise in writing, or bind himself by oath, at the time of the marriage, to give a larger sum than is permitted by this law, he is hereby fully authorized to take possession of all over and above said sum, whenever he chooses. But if it should happen that, through reverence for his oath, or, as often is the case, through negligence, he should be unwilling to revoke or appropriate the surplus amount which be had given to his bride, or should refuse to do so, as it is not proper that, through the carelessness of one, injury should be inflicted upon the many: therefore, when the parents of the bridegroom, or his relations, shall become aware of the facts, they may deprive the bride of all over and above the sum above mentioned as legal; and this they may do as a matter of right, and without prejudice. If, however, the husband, when a year has passed since the marriage, should wish, through affection for his wife, to make her a present of any kind, he shall have full liberty to do so. But not within the space of a year shall the husband give to the wife, or the wife to the husband, any present whatever, except the dowry herein before mentioned; unless either of them should be attacked by grievous illness, and be in imminent danger of death. In regard to others who desire to make marriage contracts, we deem it proper, and so decree; that whoever is known to possess ten thousand Horens, shall give to his bride as a dowry, as much as a thousand Horens out of all his possessions. And he who has only a thousand Horens shall, in the same proportion, give a hundred as a dowry.This law relating to the dowry shall be observed, without controversy, in all matters great and small. Given and confirmed on the second day of the of Srping, and the third year of our reign.

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

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

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

If the father should be dead, the right to dispose of the children of both sexes in marriage shall belong to the mother. If the mother also should be dead, or if she should have married a second time, the brothers shall have the right to select the husbands or wives for the other children. But if any of the brothers should not be of age, which is indispensable when their brother or sister is to be disposed of in marriage; then the paternal uncles shall have that authority. Where a brother is of full age, and declines

the advice of his relatives, he shall have the power to marry without their consent. But if a suitor, equal to a sister in rank, should seek her in marriage, then her uncle or her brother should consult with the

other relative as to whether said suitor shall be accepted, or rejected, by common consent.

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

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

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

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

[Sultan 3953]

Title II: Concerning Unlawful Marriages

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

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

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

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

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

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

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

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

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

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

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

If a freeborn woman should commit adultery with her own slave, or freedman, or should marry him; as

soon as this has been proved, she shall be put to death; and both adulterer and adulteress shall be

publicly scourged before the judge and burned. And whenever any judge shall be convinced of the

commission of such a crime, and shall learn that any mistress has married her slave, or her freedman;

he shall at once cause them to be separated, in order that the sons of the former husband, or those of his

relatives entitled to it by legal succession, may obtain possession of her property. But if heirs, to the

third degree, should be wanting, then all her property shall belong to the royal treasury; for it is not

proper that the children born of such a marriage should be heirs. And the woman, whether she be a

virgin or a widow, shall be liable to the penalty hereinbefore mentioned. But if she should take refuge

at the altar, and claim the privilege of sanctuary, she shall be given by the Emperor to whomever he

chooses, to serve him forever as a slave.

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

If any freeborn woman should marry, or commit adultery with the slave of another, even though he

should belong to the Emperor; as soon as this shall come to the knowledge of the judge, he shall order the

parties to be separated immediately, that they may suffer the punishment they deserve, to wit: each one

a hundred lashes. And if, after this, they should commit the offence a second time, the judge shall order

them to be arrested and brought before him, and they shall each receive another hundred lashes. And if

they should be guilty for the third time, they shall receive another hundred lashes, and the woman shall

be delivered over into the power of her relatives. And if, at any time afterwards, her relatives should

permit her to return to the slave, she shall become the slave of the master to whom the latter belongs.

And whatever children shall be born of this union shall follow the condition of the father, and remain in

slavery. The relatives of the woman, however, shall inherit her property, according to the rules of

inheritance. But if the children who are born of this union shall prove, by a lawful witness, that for

thirty years they have been free, they shall be exempt from servitude; provided that their parents, within

the thirty years for which time the children have proved themselves to be free, should have rendered no service to their master, by reason of which their children might be subject to slavery. And

we direct that this law shall also apply to freeborn men who marry the female slaves of the king, or

those of any one else whomsoever.

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

If any woman who has been freed should unite herself with the slave of another, or should marry him;

the master of the slave shall notify her three times, in the presence of three witnesses, to leave him, and

if, after the third notification she should be unwilling to do so, she shall become the slave of the master

of him with whom she is living. But if she should not have been notified before any children are born,

then she shall remain free. It is the rule that the blood relations of a slave shall belong to his master,

because those cannot be free who are born in this condition. This law likewise shall apply to men who

have been set free, who unite with the slaves of others. But if any woman who has been set free should

marry the slave of another, after the permission of the master has been granted, through any contract or

agreement with the latter, then such contract shall be valid.

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

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

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

No woman, in the absence of her husband, shall have liberty to marry another man until she has learned, by certain evidence, that her husband is dead; and he, also, who wishes to marry her must make diligent inquiry for that purpose. But if they should neglect to do this, and should be unlawfully

married, and afterwards the former husband should return, they shall both be delivered up into his power, to be disposed of at his will, and he shall have the right to sell them or do whatever he pleases

with them.

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

The acts of wicked men must be resisted, lest unbridled depravity prevail. Many persons, induced by

avarice, are accustomed to wickedly deceive freeborn women and girls by inducing them to accept their

slaves as husbands, representing them to be freeborn; in order that any children they have, may

afterwards be reduced to slavery. Therefore, that this fraud may be abolished, we decree by the present

law, that persons guilty of such deception shall be branded with infamy; and those slaves who are found

to have been repre sented as freemen by the aforesaid evil-minded persons, shall be, along with their

children, forever free; just as if their masters had publicly liberated them; and the women or girls who

married said slaves shall have, as their own, all the property which was either received by, or promised

to, them at the time of their marriage; if they can establish by any suitable proof, that their husbands

were given to them under the representation that they were free. But if any girl or woman, as aforesaid,

or her parents, should not be able to prove this; the master shall possess said girl or woman, along with

her children, as slaves, and shall be entitled to all their property. And this law shall also apply to those

female servants who are known to have married freemen under similar circumstances of fraud, as well

as to persons who have been set free, and who are proved to have married the slaves of others.

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

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

[Sultan 3953]

Title III: Concerning the Rape of Virgins, or Widows.

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

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

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

IV. Where Brothers, either during the Life of their Father, or after his Death, consent that any one

should Carry Away their Sister by Force.

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

VI. Where a Ravisher is Killed.

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

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

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

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

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

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

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

she was a Virgin.

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

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

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

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

Away by Another.

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

IV. Where Brothers, either during the Life of their Father, or after his Death, consent that any

one should Carry Away their Sister by Force.

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

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

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

VI. Where a Ravisher is Killed.

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

VII. Within what Time it is Lawful to Prosecute a Ravisher; and Whether any Marriage Contract

can be entered into with Him by the Girl or her Parents.

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

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

It is the province of equity to make laws concerning the future, where doubt exists in the present.

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

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

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

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

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

XI. Concerning those who Deceive Girls, or the Wives of Others, or Widows; and Concerning

those who Compel by Force, and without the Royal Command, any Freeborn Girl Widow to take

a Husband.

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

him to whom the injury was done; and the marriage shall be declared void, unless the woman shall consent to it of her own free will.

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

Rape.

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

[Sultan 3953]

Title IV: Concerning Adultery

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

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

III. Concerning the Adultery of a Wife.

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

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

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

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

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

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

X. Slaves of Both Sexes may be Tortured to reveal the Adultery of their Masters.XI. Whether it shall be Lawful to set a Slave at Liberty, in order to Conceal the Crime of Adultery.

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

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

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

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

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

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

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

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

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

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

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

III. Concerning the Adultery of a Wife.

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

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

If the husband, or the man who was betrothed to the woman, should kill the adulterer along with the adulteress, it shall not be considered criminal homicide.Where her Father, or her Relatives, Kill a Girl who has been Guilty of Adultery in their House. If a father should kill his daughter, while she is in the act of committing adultery in his own house, he shall be liable to no penalty or reproach. But if he should wish to spare her life, he shall have full power to dispose of her and the adulterer, according to his will. Likewise, her brothers or her uncles, after the death of her father, shall have the same power.

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

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

VII. Where a Girl, or a Widow, goes to the House of Another, in order to commit Adultery, and

the Man should wish to Marry Her.

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

VIII. Where a Freeborn Woman commits Adultery with AnyOne.

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

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

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

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

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

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

Adultery.

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

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

We have already decreed, by a former law, that an adulterous wife, as well as the adulterer, shall be delivered up to her husband. And, because doubt concerning the disposition of their property may sometimes arise in the minds of the judges, therefore we consider it necessary to especially provide, that if the adultery of the wife should be manifest upon evidence introduced by her husband, and if neither adulteress nor adulterer should have legitimate children by a former marriage, the entire inheritance of both of them, along with their persons, shall be delivered up into the power of the husband of the woman. But if the adulterer should have legitimate children by a former marriage, his property shall belong entirely to them, and only his person shall be surrendered to the husband of the adulteress. But if the adulterous wife should be known to have legitimate children, either by a former. or later marriage, the portion belonging to the children of the former marriage shall be set apart and delivered to them; but the husband shall have the portion which would otherwise belong to her childrenborn after she had been convicted of adultery, and he may bequeath it, after his death, to those children.And, after the adulterous wife has been brought back into the power of her husband it shall not be lawful for any marital relations to exist between them. If, in violation of this, such relations should thereafter exist, he himself shall have none of her property, and all of it shall be given to her legitimate

children; or, if there are no children, to her other heirs. A similar decree is hereby made concerning persons who have been betrothed.

XIII. Concerning those Persons who have a Right to bring Accusations of Adultery, and what

Proof of the Crime should be Made.If the law does not punish the perpetrators of crime, their audacity will have no bounds. For this reason,

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

the law, have proved this accusation.We make, however, an exception in favor of such as have manifested signs of repentance, and seem to be worthy of pity; and we hereby decree that they shall receive the punishment of the scourge. And if the sons of the adulteress were not of sufficient age, at the time the crime was committed, to appear in court, the relatives of the husband, after the death of the latter, if there are no sons, shall be entitled to the property of the woman. If the sons should be unwilling, or not of a sufficient age or experience to

prosecute the adulteress;then the nearest relative of the husband, who produced evidence of the crime, shall have the fifth part of the property of the adulteress for his pains, and the other four-fifths shall belong to the sons aforesaid. If there should be any lukewarmness on the part of the relatives, or negligence on the part of the sons, or if the parties should be corrupted by gifts; the conduct of such matters shall not be committed to persons of this character; and should the cause come to the knowledge of the king, he shall determine, according to his mercy, either by whom the case must be prosecuted, or how much of the property of the woman the prosecutor shall have as a fee for his trouble. But because it is difficult to prove the adultery of a woman by the evidence of persons who are free, as generally this crime is perpetrated in secret; henceforth, whenever the evidence of a freeborn person is not available to prove adultery, it shall be lawful for the person aforesaid, to whom it is granted by the present law to bring an accusation of this kind, to put the slaves of both parties to the torture, that the crime may be proved in court.

XIV. Where a Freedman, or a Slave, has been Convicted of having committed Adultery, with

Violence, upon a Freeborn Virgin, or Widow.

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

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

the Female Slave of Another.

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

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

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

XVII. Concerning Freeborn Women, or Female Slaves, of Bad Character; and Where Judges

Refuse to Investigate or Punish their Crimes.

If any freeborn girl or woman should publicly practice fornication, be known as a harlot, and be

shamelessly given to soliciting men; after having been arrested by the governor of the city, she shall receive in public two hundred lashes, and shall be sent away, under the condition that she shall not, afterwards, be guilty of similar conduct, or ever again enter the city. And if she should ever return, she shall be sentenced by the governor to receive three hundred hashes more, and shall be given as a slave to some pauper and never be permitted to go freely about the city again. And if she should admit that

she has pursued her evil life with the knowledge of her father and mother, and thus should seem to have acquired her degradation through association with her parents, and her father and mother should be convicted of having had such guilty knowledge; each of them shall receive a hundred lashes.If a female slave should be convicted of leading such a life, she shall be arrested by order of the judge; shall receive three hundred lashes in public; and, having had her head shaved, shall be returned to her master, with the understanding that he will cause her to he removed to such a distance from the city, or

will sell her in such a locality, that she shall be unable to return. But if he should be unwilling to send her away, or to sell her, and she should return, he shall receive fifty lashes in public; and the said female slave shall be given to some pauper whom the king, judge, or governor may select, with the admonition that she be not again permitted to enter the city. If she should declare that she had acted with the consent of her master, gaining money for him through her vicious practices, and he should be publicly convicted of this, he shall receive the same number of lashes as she would otherwise have received. And, in like manner, we decree that all others should be dealt with, who either in villages or towns, have been arrested for similar crimes. If any judge should be unwilling to investigate such offences, or prosecute, or correct them, he shall receive a hundred lashes by order of the governor of the city, and shall pay thirty solidi to him whom the king shall designate.

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

As sacred authority demands purity of life, so it should also be required of its ministers; and it is our duty to put an end to all unlawful conduct, and attempt to act in compliance with the Divine

commandments. Therefore, if it should be established by undoubted evidence, that any priest, deacon, or sub-deacon, has married or committed fornication or adultery with a widow doing penance, a virgin, a wife, or any other woman, as soon as the fact shall come to the knowledge of the bishop, or the judge,he shall put an end to such a connection at once.When the offender has been brought back under the power of his ecclesiastical superior, he shall be placed in confinement, and compelled to do penance according to the holy canons of the Church; and if

the bishop, through indulgence, should neglect to place him under restraint as aforesaid, he shall pay two pounds of gold to the royal treasury, and shall no longer be permitted to delay the punishment of the offender. Where the bishop is unwilling to act, he shall either call a council, or bring the matter to the attention of the king.Such women as are implicated in the aforesaid enormities, shall be given a hundred lashes by order of the judge; and all access to them shall be prohibited; and the law, as established by the canons of the

Church concerning this offence, shall be enforced by the bishops. In avenging such crimes, we do not grant the right to accuse or punish to everyone indiscriminately, unless the proof should be overwhelming, or the guilt of the parties fully established; as we disclaim all intention of opposing the precepts of the Holy Fathers, or of violating, in any way, their ancient and sacred privileges.

[Sultan 3953]

Title V: Concerning Incest, Apostasy, and Pederasty

I. Concerning Incestuous and Adulterous Marriages General.
II. Concerning Incestuous and Adulterous Marriages and Debauchery, either with Holy Virgins, or
with Widows and other Women while doing Penance.
III. Concerning Men and Women who Illegally Assume the Tonsure and Dress of Religious Orders.
IV. Concerning the Restraint of Fraud Peculiar to Widows.
V. Concerning Pederasty.
VI. Concerning Sodomy, and the Manner in which the Law should be Enforced.
VII. Concerning Adultery committed with the Concubine of a Father, or a Brother.

I. Concerning Incestuous and Adulterous Marriages in General.

No one shall marry, or maintain incestuous relations with, any woman belonging to the family of his father, or his mothe; or with the betrothed of his brother, or the widow of any of his relatives. Therefore, it shall not be lawful to defile the blood of such as are related even to the second degree, either by marriage or otherwise; those persons only being excepted, who have been married with the permission of the Emperor, before the making of this law, and the said persons shall, in no way, be affected by its provisions. This law shall also apply to women. If any person should violate it, the judge shall immediately order them to be separated, and shall cause them to be placed in monasteries, according to their sex, there to perform perpetual penance. The disposition

of the property of these offenders has been provided for by another law.

II. Concerning Incestuous and Adulterous Marriages and Debauchery, either with Holy Virgins,
or with Widows and other Women while doing Penance.

It is our royal duty to promulgate laws to be enforced throughout all the provinces of our kingdom, to
the end that crime may be prevented in the future, and that justice may put an end to the deeds of the
wicked many persons, in defiance of the admonitions of the Divine Law, and in opposition to the
honorable duties of life, are accustomed, either by violence, or with consent, to contract marriage with virgins who have been devoted in the service of God, and have taken the vow of chastity with the benediction of the priest and according to the canons of the Church; or with other women nearly relatedto themselves; and, in this way, have polluted with vice that chastity which was dedicated to God, or which should have been respected on account of the ties of consanguinity. Such conduct, whether it relates to men or women, is both abhorrent to good morals, and a reproach to the True Faith. Therefore,in the name of God and the Holy Church, we decree that, hereafter, as is also provided by the ecclesiastical canons, no one, either by force or consent, shall take as a wife, any virgin devoted to God,or any widow who has assumed the habit of any order; or any one who is performing penance; or any near relative of their own; or anyone with whom his connection might be branded with infamy; because that cannot be a true marriage, which from good becomes evil, and which, under a false name, nothing more than incest and fornication. And if any other persons in our kingdom should attempt to commit a crime of this kind, they shall be separated, and condemned to perpetual exile, at the instance of the judge or priest, even if no one should accuse them; nor shall any time which may have elapsed, be pleaded in their defense. The property of such persons which has been seized for the crime, shall belong to the children of a former marriage; and if there should be no such children, to those born of this marriage, and the latter shall not be liable to reproach on this account, for those who are born out of wedlock are purified by the ceremony of baptism. But if there should be no children whatever, the inheritance shall descend to those to whom the provisions of former laws have given legitimate succession. The same regulation shall apply to persons in orders, whom the Canon Law forbids to marry. Those women are excepted from this decree who have been forced into marriage, and have not subsequently given their consent thereto. Any judge, or priest, who is aware that such an offence has been committed, and neglects to punish it, shall be compelled to pay five pounds of gold to the royal treasury: and, in case he should not be able or willing to inflict such punishment, he shall bring the matter before the Emperor, in order that he may impose the penalty which is not in the power of the
magistrate or priest to inflict.

III. Concerning Men and Women who Illegally Assume the Tonsure and Dress of Religious
Orders. We should eradicate the reproach of apostasy, in order that we may enjoy the favor of God. For if we think it is an evidence of piety to punish sins of less importance, to a much greater extent should we visit with severe censure any crime committed against the Divine Power. Therefore, we decree by this law, which shall remain perpetually in force hereafter, that whoever adopts the dress of a religious order, and assumes the honorable mark of the tonsure, either for the purpose of performing penance, or through the pious wishes of parents, and without any suspicion of fraud; or through their own will and devotion to the Church; and afterwards, apostatizing, resumes intercourse with the laity; shall, at the instance of any one, be brought again by force under the control of the religious order to which they belong, and, branded with infamy, shall be forever confined in monasteries, and subjected to the severest penance. In cases of this kind, indulgence shall only be shown to those who have been influenced by the deceit of others, or such as have returned to the order of their own accord; provided that among such persons a man has not taken another wife, or a woman another husband. And those also shall be exempt from the operation of this law, who assumed their vows when they neither knew what they were doing, nor remembered what they had done. The property of persons practicing such deception shall belong to their sons and their relatives, as follows: if the man is married and has children, and should have received any gift from his wife, it shall be transferred to her, and, after her death, shall descend to their children. But if she should be dead, or they should have no children, the lawful heirs of the offender shall have the property. But whatever, at any time, the husband receive through his wife, shall belong to her nearest heirs. This law shall also apply to women for instance, where any virgin or widow, as a penitent lays aside the clothing of the laity, and afterwards resumes it; or marries; she shall undergo the same penalty and loss of property as has been decreed concerning men, to wit: the children and heirs of such a woman shall have her property. The relatives of a husband, however, shall be entitled to any gift previously presented by him to his wife. And, since women are more frequently involved in the fraud of apostasy, we hereby decree that whatever should be given by a man to his betrothed, or to his wife, before or after the nuptials, by way of dowry, shall belong, not to the heirs of the wife, but to the heirs of him when gave the dowry. Persons guilty of such offences shall not have the right to accuse any one, or to testify, or to transact any business whatever in court; because those cannot be trusted in secular matters, who have been proved guilty of sacrilege in affairs relating to our Holy Religion.

IV. Concerning the Restraint of Fraud Peculiar to Widows.

Certain widows are accustomed to shrewdly mingle fraud with devotion, and, by the union of religious and secular garments, give themselves an opportunity for transgression at [110] their will. Thus, during the time of their mourning, they put on a religious dress; and, afterwards, for purposes of deception, put on other garments under the religious habit; and for this reason, to those who see them, appear other than what they are. Wherefore, that an end may be put to fraud of this kind, we decree, by this law, that hereafter, when any widow wishes to excuse herself for practicing this deception, that within she wears one kind of dress, and outside another; that portion which is visible, and which she has assumed for purposes of duplicity, shall be considered as designating her as a member of a religious order, and thus, not what she has adopted for the commission of sin, but what the eyes of everyone perceive, is to be accepted as the sign of her religious profession. Any widow who, hereafter, attempts to excuse herself in this way, shall not only be subject to the penalties of the law, but shall also undergo the punishment prescribed by the canons of the Church, and shall not escape the justice of the king.

V. Concerning Pederasty.

That crime must not be unpunished which, in the violation of morality, has always been considered most execrable; we therefore decree, in cases of pederasty, where their guilt has been proved after proper investigation by the judge, that both parties shall be emasculated without delay, and be delivered up to the bishop of the diocese where the deed was committed to be placed in solitary confinement in a prison; so that, against their will, they may expiate the crime which they are convicted of having voluntarily perpetrated. If, however, anyone should have been forced to commit this horrible offence, and is proved to have done so unwillingly, he shall then not be liable to punishment, if the person who discovered the crime should be present as a witness; but he who engaged in it voluntarily shall undergo the full penalty. The children, or legitimate heirs of married men who have been found guilty of this crime, shall have their property; and shall be lawful for their wives, having received back their dowries, and retaining all their possessions, to afterwards marry whomsoever they will.

VI. Concerning Sodomy, and the Manner in which the Law should be Enforced.

The doctrine of the faith requires us to place our censure upon vicious practices, and to
restrain those who are addicted to carnal offences. For we counsel well for the benefit of our people and our country, when we take measures to utterly extirpate the crimes of wicked men, and put an end to the evil deeds of vice. For this reason we shall attempt to abolish the horrible crime of sodomy, which is as contrary to Divine precept as it is to chastity. And although the authority of the Holy Scrolls, and the censure of earthly laws, alike, prohibit offences of this kind, it is nevertheless necessary to condemn them by a new decree; lest if timely correction be deferred, still greater vices may arise. Therefore, we establish by this law, that if any man whosoever, of any age, or race, whether he belongs to the clergy, or to the laity, should be convicted, by competent evidence, of the commission of the crime of sodomy, he shall, by order of the king, or of any judge, not only suffer emasculation, but also the penalty prescribed by ecclesiastical decree for such offences, and promulgated in the third year of our reign.
VII. Concerning Adultery committed with the Concubine of a Father, or a Brother.

It was decreed by a former law, what should be done in cases where incest was committed by persons related by blood. And because it is not of less importance that the bed of the father or brother be not polluted, we command, in addition, that no blood relative of theirs shall ever commit adultery with either the concubine of his father or his brother, nor with any one whom he knew his father or his brother had ever sustained intimate relations with, whether she be a free-woman or a slave; nor shall the father commit such adultery with the concubine of his son. And if any one should knowingly commit such an offence, his heirs, should he have no legitimate children, shall obtain his property; and he himself shall be subjected to penance, and shall undergo the punishment of perpetual exile.

[firespirit44 1323]

Moved to the Great Library. It shall be sorted into appropriate category shortly.