Book V: Concerning Business Transactions

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Book V: Concerning Business Transactions

 

 

Title I: Ecclesiastical Affairs

 

Law I: Concerning Donations to the Church.
Law II: Concerning the Preservation and Restoration of Property Belonging to the Church.
Law III: Concerning Sales and Gifts of Church Properly.
Law IV: Concerning Church Property in Charge of Those Devoted to the Service of the Church.
Law V: Emancipated Slaves of the Church, who are still Bound to Render it Service, shall not be Permitted to Marry Persons who are Freeborn.

 

 

Title II: Concerning Donations in General

 

Law I: A Donation Extorted by Violence is Void.

Law II: Concerning Royal Donations.

Law III: Concerning Property Given to a Husband or a Wife by the Emperor or King.

Law IV: Concerning Property, in Addition to the Dowry, Given to a Wife by her Husband.

Law V: Concerning Property Given to a Husband by his Wife; and Where a Wife has been Convicted of Adultery.

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

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

 

 

Title III: Concerning the Gifts of Patrons

 

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

Law II: Concerning Aims given to Bailiffs who have been Appointed for the Defense of Anyone, and the Acquisitions of said Bailiffs.

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

 

 

Title IV: Concerning Exchanges and Sales

 

Law I: What Constitutes a Valid Exchange, and what a Valid Purchase.

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

Law III: Any Sale made under Compulsion shall be Void.

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

Law V: Where only Part of the Price is Paid.

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

Law VII: Where Anyone says that he Sold his Property for less than it was Worth.

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

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

Law X: Where a Freeman Allows Himself to be Sold.

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

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

Law XIII: Concerning Sales by Slaves.

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

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

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

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

Law XVIII: Where a Slave, on Account of a Crime he has Committed, is Transferred to the Possession of Another.

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

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

Law XXI: Of Slaves Captured and Sold by the Enemy.

 

 

Title V: Concerning Property Committed to the Charge of, or Loaned to, Another

 

Law I: Concerning Animals Hired to Another.

Law II: Concerning Animals Loaned for the Purpose of Labor.

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

Law IV: Concerning Lost Money, and the Interest on the Same.

Law V: Concerning Property Committed to the Charge of Another, and Lost by Accident at Sea.

Law VI: Concerning Property Entrusted to a Slave without his Master's Knowledge.

Law VII: Where a Slave Fraudulently Demands Property Entrusted by his Master to Another.

Law VIII: Concerning Legal Interest.

Law IX: What shall be Paid for the Use of Fruits of the Soil.

Law X: Who are Entitled to Wills, or Instruments in Writing, which Have been Entrusted to the Keeping of Anyone.

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Title I: Ecclesiastical Affairs

 

 

Law I: Concerning Donations to the Church.
Law II: Concerning the Preservation and Restoration of Property Belonging to the Church.
Law III: Concerning Sales and Gifts of Church Properly.
Law IV: Concerning Church Property in Charge of Those Devoted to the Service of the Church.
Law V: Emancipated Slaves of the Church, who are still Bound to Render it Service, shall not be
Permitted to Marry Persons who are Freeborn.
 

 

I. Concerning Donations to the Church.

 

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

shall eternally and irrevocably belong to said churches.

 

 

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

 

     We are of the opinion that it vitally concerns the interests of our empire, to provide by our laws that the temporal rights of the church shall be protected. Therefore, we hereby decree, that, as soon as a bishop has been consecrated, he shall straightway proceed to make an inventory of the property of his

church in the presence of five freeborn witnesses; and to this inventory the said witnesses shall affix their signatures. After the death of a bishop, and as soon as his successor has been consecrated, thelatter shall require a second inventory of the church property to be made; and if it should appear thatsaid property had, in any way, been diminished, then the heirs of said bishop, or those to whom his estate was bequeathed by will, shall make up the deficiency. 

     If a bishop should sell any of the property

of the church, his successor shall lay claim to that property, along with all its rents and profits, and restore it to the church, after having returned the price paid for it to the purchaser, and no reproach shall attach to such proceedings. And we hereby decree that this law shall be observed in every respect by priests and deacons, as well as by bishops.

 

 

III. Concerning Sales and Gifts of Church Property.

 

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

the holy canons.

 

 

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

 

     Where heirs of a bishop or of other ecclesiastics, who have placed their sons in the service of the church, obtain lands or any other property through the generosity of the clergy, and then return to the laity, or abandon the service of the church whose lands or other property they hold, they shall at once

forfeit all such possessions. And this provision must also be observed by all the clergy holding

ecclesiastical property, even though they have held it for a long time; for the reason that the canons have so decreed. The widows of priests or of other ecclesiastics, who have devoted their sons to the service of the church, solely through gratitude to the latter, shall not be deprived of any property possessed by the fathers, which was originally derived from the church.

 

 

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

 

     

Great confusion of lineage results where inequality of rank causes degradation of offspring; for what is derived from the root is inevitably found in the fruit of anything. For how indeed can he bear a title of honor, whose parents are bound by the obligation of servitude? We refer to this matter because many of the slaves of the church are set free, but nevertheless do not enjoy absolute liberty; for the reason that they are still bound to serve the church from which they deduce their origin; and who, contrary to natural laws, contract marriages with freeborn women, and seek to have freeborn children who, in fact, are not so; and thus what ought to enure to the public good, becomes in fact a burden to it, both in

respect to person and property; as whatever children are born from such an infamous marriage, following the position inferior in rank, from birth become the property of the church, along with all their possessions.

     Wherefore, that such insolent conduct may be put an end to hereafter, we decree by

this law, that if a slave of any church, while it is still entitled to his services, should be freed, and accept

his liberty from the priest, he shall not be permitted to marry a freeborn woman. Those, however, who have been freed in the regular manner, and are absolutely exempt from all service to the church by the Canon Law, shall have the right to marry freeborn women, and shall be entitled to claim all honor and respectability for their offspring.

 

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

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

church should be so bold as to marry a freeborn person.

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

 

 

 

Given and confirmed at Arethor, on the fiftieth year of our reign.

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Title II: Concerning Donations in General

 

Law I: A Donation Extorted by Violence is Void.
Law II: Concerning Royal Donations.
Law III: Concerning Property Given to a Husband or a Wife by the Emperor or King.
Law IV: Concerning Property, in Addition to the Dowry, Given to a Wife by her Husband.
Law V: Concerning Property Given to a Husband by his Wife; and Where a Wife has been Convicted of
adultery.
Law VI: Concerning Property Donated Verbally, or Conveyed by Instruments in Writing.
Law VII: Concerning Gifts Bestowed upon One Another by Husband and Wife.

 

 

I. A Donation Extorted by Violence is Void.

 

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

 

 

II. Concerning Royal Donations.

 

     Donations, conferred by royalty upon any person whomsoever, shall belong absolutely to him to whom they are given; so that he who is thus honored by the royal munificence shall have the power to dispose of any property derived from such a source in any way that he chooses. If he who received such giftsshould die intestate, the donations aforesaid shall belong to the legal heirs in regular succession,

according to law, and the royal favor can in no way be infringed upon; because it is not fitting that the will of the prince should be interfered with, where the recipient of royal bounty has not been guilty of crime.

 

 

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

 

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

claim to it after her death, unless his wife should give or bequeath it to him.

 

 

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

 

     If a wife should, at any time, in addition to her dowry, accept from her husband property acquired by him as a gift, or by profligate conduct, or the proceeds of claims collected by him, she shall have the absolute disposal of said property until the day of her death, according to the terms of the will of her

husband, even though there be children born of that marriage. She shall have the power to expend or use the income of such property, just as the testator has designated by will, and, during her lifetime, she shall enjoy unhampered possession of all such property, the income of which shall be used for her expenses. 

     But if the testator should not make any special disposition of said income, his children shall have the right to said property after his death; and, upon no occasion, shall his wife be allowed to alienate any part of it, excepting the income. Where there are no children by said marriage, the wife shall have full control of all property given her by her husband, according to the terms of his will But if she should die intestate, the said property shall revert to her husband if he is living, and if he should not be living, it shall belong to his heirs. And we decree that the same rule shall apply to husbands who, at

any time, have received gifts of property from their wives.

 

 

V. Concerning Property given to a Husband by his Wife;

and Where a Wife has been Convicted of Adultery.

 

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

 

 

VI. Concerning Property Donated Verbally,

or Conveyed by Instruments in Writing.

 

     Any property given away in the presence of witnesses can under no circumstances be reclaimed by the donor. And even if it should happen that what is given is situated elsewhere, the donation cannot, for that reason, be revoked, provided it is made in writing; because it is evident that the gift is absolute,

when the instrument conveying it is in the name of, and for the benefit of him who receives it.

     It, however, must be noted, that if the donor should say that he neither delivered such an instrument nor directed it to be delivered, but that it was taken from him; then the party to whom the property was

given may prove by witnesses that it was transferred to him, or directed to be so transferred by the donor, or placed under his control by the will of the testator; and, when he shall have produced such testimony, the gift shall be deemed valid. Where he neglects to introduce competent testimony, he who

executed the instrument shall make oath that he neither delivered it, nor directed it to be delivered, nor that he voluntarily executed it; and the instrument shall then be returned to him by whom it was claimed, and shall remain invalid, if the latter so desires.

     But it is proper to add, that if anyone should execute an instrument disposing of any property for the benefit of any one whomsoever, and, in his

lifetime, should not deliver it to him for whose benefit it was made, and it should be found after the death of the former; he for whose benefit the donor has made disposition of said property, shall have the right to claim it, along with all the property therein described; for it is evidently just that a document which the donor, while living, preserved, and which never appeared to be altered in

any way, should have full force in law.

     If, however, the donor while living did not relinquish possession of either the instrument or the property, but kept them, and made other dispositions in his will, the latter shall be valid because a will always takes precedence in law of documents previously executed, but not delivered. If he to whom the property was given should die before receiving it, it shall belong to the donor or to his heirs. And where the gift should be made under this condition, to wit, that the donor should have possession of it during his lifetime, and that, after his death, it should go to him for whom he intended it, he shall have the privilege of changing his mind when he wishes, even though he should

have suffered no injury; because the case is similar to that of the execution of a will.

     But if he who is deceived by a fraudulent gift, and with the expectation of profiting by an empty promise, shall expend anything for the benefit of the donor, he shall be entitled to receive from the donor himself, or from his heirs, compensation in damages for any loss he may have sustained on that account. And if anyone should choose to give away any property he has received, either by ordinary gift 

or by the authority of any written document, the party to whom he gives it shall have the same right to it as the original donor. If he who received the gift should die during the life of the donor, he shall have the right to dispose of said gift at his pleasure; and should he die intestate, the gift shall not revert to the donor, but shall descend to the heirs of him who received it.

 

 

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

 

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

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Title III: Gifts of Patrons

 

Law I: Where Anyone who has been Placed under the Control of Another, or of the Son of that Person,
Deserts either his Patron, or the Children of the Latter.
Law II: Concerning Aims given to Bailiffs who have been Appointed for the Defense of Anyone, and
the Acquisitions of said Bailiffs.
Law III: Concerning Property Acquired through the Appointment of a Patron, or which has been
Donated by Him.

 

 

 

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

 

     Where anyone, having a client under his protection, gives him arms or anything else, such gifts shall be the absolute property of the client. If the latter should desire to select another patron, he shall have full authority to do so, for one cannot restrain a freeborn man because he happens to be under his control; but, in such a case, everything to which the patron is entitled shall be given to him. The same rule shall apply to the children of a patron as well as to those of him who was under his protection; and the

former shall have a right to any donations that have been given to the latter.

     Where a client abandons his patron without the latter's consent, he shall be required to restore to him any property which the patron may have given to the parents of the client. And if anyone who has been placed under the protection of another, should acquire any property while he is under such control, half of said property

shall belong to the patron or his children, and the other half shall remain in the possession of him who earned it. Where a client leaves a daughter and no sons, in such case we decree, that the daughter shall remain under the protection of the patron. 

     If the patron should provide a husband for her, of equal

rank, and anything should be given to her father or her mother, it shall belong to her by right of inheritance. But if, contrary to the will of her patron, she should select for herself a husband of inferior rank, whatever has been given to her father by the patron or by his relatives, shall be restored to said patron or to his heirs.

 

 

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

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

 

 

III. Concerning Property Acquired through the Appointment of a Patron,

or which has been Donated by Him.

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

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Title V: Concerning Exchange and Sales

 

 

 

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

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

III. Any Sale made under Compulsion shall be Void.

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

V. Where only Part of the Price is Paid.

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

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

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

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

X. Where a Freeman Allows Himself to be Sold.

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

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

XIII. Concerning Sales by Slaves.

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

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

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

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

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

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

XX. Where Anyone Sells, or Gives Away Property, whose Possession should first have been
Transferred by Judicial Decree.
XXI. Of Slaves Captured and Sold by the Enemy.

 

 

 

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

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

 

 

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

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

 

 

III. Any Sale made under Compulsion shall be Void.

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

 

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

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

 

V. Where only Part of the Price is Paid.

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

 

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

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

 

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

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

 

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

     Whenever a dispute arises concerning the ownership of property which has been sold or given away:
that is to say, if it should be established that anyone has sold or given away what belonged to another,
no blame shall attach to the purchaser. But he who has been so bold as to sell or give away the property
of another, shall be forced to pay double its value to the owner thereof, shall return the price which he
has received to the purchaser, and shall undergo the penalty prescribed by the bill of sale.

     Whatever the purchaser, or he who received the gift, shall have added to the value of the property which was bought,
shall be estimated by the judges of the district; and full satisfaction of the same shall be made, either by
the vendor or the donor of said property, to him by whose efforts its value has been increased. The
same rule shall apply to every description of property, including slaves and animals.

 

 

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

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

 

X. Where a Freeman Allows Himself to be Sold.

     Any freeman who permits himself to be sold, and shares the price with the vendor, and, afterwards,
desiring to cheat the purchaser, publishes the fact for the sake of reclaiming his liberty, shall not be
heard, but shall remain in slavery; for it is dishonorable that a freeman should voluntarily subject
himself to servitude.

     But if he who sold himself, or permitted himself to be sold, should have sufficient
property to redeem himself, or, if his parents should choose to give the price of his redemption to him
who owns him; then the entire amount for which he was sold shall be returned to the purchaser, and the
person who was the object of the sale shall regain his freedom.

 

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

     If anyone should dare to sell or give away a freeborn son, the judge shall at once cause the offender to be arrested. And in order that the said freeborn person may be restored to his proper rank, the judge shall require the vendor of such person to pay a hundred solidi of gold; and if he should not have sufficient property to pay this sum, he shall receive a hundred lashes in public, and shall be delivered over as a slave to him whom he had the audacity to sell, or give away. 

     If a slave should treat a freeborn person in this manner, after being arrested he shall receive two hundred lashes in public, by order of the judge, and having been scalped he shall be condemned to perpetual servitude This rule shall apply also
to donations and sales of freeborn women.

 

XII. It shall be Illegal for Parents to Sell their Children, or, by any Contract whatsoever,

to Place Them in the Power of Others.

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

 

 

XIII. Concerning Sales by Slaves.

 

     The property of another cannot be sold contrary to the will of him who is entitled to legal ownership of the same. Therefore, for the reason that an ancient law declared all sales by slaves invalid, which were made at the expense of their masters, we have determined to promulgate a more equitable decree, in
order to bring the laws of the country within the bounds of justice; for it is better to amend the acts of those who have fallen into error, than to err in like manner. 

     Wherefore, if any one, hereafter, should knowingly receive from any slave of either sex, 

who belongs to another person, a house, or land, or a
vineyard, or any personal property, upon any terms whatsoever, the sale, gift, or pledge, made by such a person shall be invalid, and the delivery of the property shall not be required. Where the sale is attended with expense to the purchaser, the property shall be returned intact to the master of the
slave, and the purchaser shall lose the price he paid for it; for it is but just that he should sustain loss who attempted to appropriate the property of another for his own advantage. But if the aforesaid slave should sell any animals, or any personal property, or any ornaments of any kind, which belong to himself, or which he had received from his master to be disposed of, such transaction shall be forever
valid; and if the master of any servant who has made such a sale should wish to rescind the sale, and should declare that the property which was sold did not belong to the slave, but was his own, the sale shall not be rescinded, unless he who proposes to do so shall establish, either by the testimony of legitimate witnesses, or by his own oath,

that the properly which he seeks to recover did not belong to the slave, but to himself, and has been disposed of without his permission. This law shall apply only to chattels of trifling value, for the authority of the master is necessary in order to confirm a contract relating to the sale of property of great value and importance.

 

 

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

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

 

 

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

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

 

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

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

 

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

     Laws frequently arise from legal disputes in court, and when evidence of fraud exists, it becomes
necessary to promulgate new decrees to restrain acts dictated by shrewdness and duplicity. Many slaves of both sexes, influenced by the suggestions of others, are in the habit of taking refuge in churches, and there complaining of the injustice and oppression of their masters; in order that, through the intercession of priests, and the aid of religion, they may compel their masters to sell them.

      In this manner frequently an injury is inflicted upon the master; as when a priest, or any one else, representing himself as a purchaser, buys the slave, while in fact he is acting for another party; and, by this collusion, it sometimes happens that the slave is sold to an enemy without his master's knowledge, and thus, some one, under such circumstances, may obtain possession of the slave who could not have purchased him openly. We declare that, henceforth, the following shall be the law, viz: that no one, against his will, shall sell his slave; but the priest or custodian of the church, as provided by other laws, shall at once deliver the slave to his master, providing the latter pardons him for the fault he has committed; for it is highly improper that the slave should maintain his obstinacy and rebellion by
taking refuge in a place where the doctrines of restraint and punishment are preached.
If any one should deceive a master in the manner aforesaid, he himself shall forfeit a sum equal to the
price which was paid by him while acting as the agent of another; and, whether the master became
aware of the fraud at the time of the transaction, or afterwards, he shall be entitled to recover the slave upon application to the court. He who acted fraudulently as the agent of another in the sale, shall be forced to give another slave of equal value to the master whom he deceived, in order that the wickedness of such a dishonorable transaction may be suitably punished.

 

 

XVIII. Where a Slave, on Account of a Crime He has Committed,

is Transferred to the Possession of Another.

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

 

 

XIX. Concerning Property Belonging to Private Persons,

and to the Court, which may not be Alienated.

     If the care of private property must not be neglected, how much more important is it to guard the
interests of the public, whose possessions should always be preserved, or increased. For this
reason, persons attached to the court, or private persons who are under obligations to furnish horses to
the emperor, or who exercise any duties in connection with the royal treasury, shall have no right to sell,
give, or exchange, any property in their possession. But if it should happen that any of them, either
willingly, or impelled by necessity, should transfer all of his property, either by sale, donation, or
exchange; both he who disposed of, and he who received it, shall have an inventory of the same drawn
up, in which all of said property shall be specifically described; but he who has received only half of
the said property, or a certain portion of the same, in slaves, lands, vineyards, and houses, shall be
accountable for only the price of the portion which has been thus disposed of.

     And if any one purchasing property of any kind from such persons, should not, as aforesaid, within a year, render an account of the transaction in writing, showing the source from which said property was derived; as
soon as information of this shall come to the emperor, or the judge, the former possessor
shall lose the price he received, as well as the property which was disposed of; but the emperor shall have
the power to either restore said property to him who transferred it, or to bestow it upon any one else,
should he desire to do so. It shall, however, be lawful for persons attached to the court, as well as for
private persons, to sell, give, or exchange, property among themselves, provided he who receives said
property shall not refuse to account for it publicly; but no plebeian shall have the right to sell his land.
     And if any one, after the adoption of this law, should purchase vineyards, lands, houses, or slaves from
men employed in the public service, he shall inevitably lose the price paid for said property.

 

XX. Where Anyone Sells, or Gives Away Property,

whose Possession should first have been Transferred by Judicial Decree.

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

 

 

 

XXI. Of Slaves Captured and Sold by the Enemy.

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

[Sultan 3953]

Toveth must read.

[Bashar al-Assad 120]

Edward Howell sits in his private studies reading over the countless books of law.

 

"Not once does it say anything about renting, the Salvian government really should read this."

[firespirit44 1323]

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