The Visigothic code

by Unknown

TITLE I. CONCERNING ATTACKS, AND PLUNDER OF PROPERTY.

I.	The Patron, or the Master, shall Alone be Held Guilty, if, by his Orders, a Freeman or a Slave should Commit any Unlawful Act.
II.	Where a Party in Possession is Expelled by Force.
III.	Where Many Persons Unite in Causing Bloodshed.
IV.	Where a Person is Shut up by Violence, Inside his Own House, or Within his Gate.
V.	Property, while in the Possession of Another, shall not be Seized, Except Under Legal Process.
VI.	Where a Person is Guilty of Asking Others to Commit Depredations.
VII.	A House shall not be Entered in the Absence of the Master, or while he is on a Public Expedition.
VIII.	Where the Slaves of a Person who is Absent on a Public Expedition Commit Unlawful Acts.
IX.	Concerning Those who, while on a Public Expedition, Commit Robbery or Other Depredations.
X.	He in whose Possession Stolen Property has been Found, shall be Compelled to Name his Associates in the Crime.
XI.	Concerning Those who are Guilty of Giving Directions to Others for Purposes of Robbery.
XII.	Concerning Those who Rob, or Inflict Annoyance upon Anyone, while he is on a Journey, or at Work in the Country.
XIII.	Whether a Person Caught in the Act of Robbery may be Killed.

THE GLORIOUS FLAVIUS RECESVINTUS, KING.

I. The Patron, or the Master, shall Alone be Held Guilty, if, by his Orders, a Freeman or a Slave should Commit any Unlawful Act.

We hereby establish as a general principle of law, that whenever a freeborn person, a freedman, or a slave, is known to have committed any unlawful act by the order of his patron or his master, said patron or master shall be held liable for all satisfaction and composition for the same; for he who obeys the orders of his superior, cannot be considered guilty, because it is evident that he did not commit the act by his own will, but under the command of one possessing authority over him.

II. Where a Party in Possession is Expelled by Force.

Whoever forcibly deprives another of property in his possession, before the ownership of said property shall have been determined by a decision of the court; shall lose his case, even though he have the better claim. He who was the victim of the violence, shall receive the property in the same condition as it was when taken from him, and shall be entitled to undisturbed enjoyment of the same. If, however, any person should forcibly seize property which he could not obtain by a decree of court, he shall not only lose his case, but shall give to the injured party property of equal value to that of which he deprived him.

ANCIENT LAW.

III. Where Many Persons Unite in Causing Bloodshed.

Whoever collects a mob for the purpose of committing bloodshed, and makes an attack upon another, whereby he sustains bodily injury; or incites or orders others to commit such acts; as soon as the judge shall be informed of the same, he shall, at once, cause the guilty party to be arrested. And in order that he may be rendered publicly infamous, he shall receive fifty lashes in the presence of the judge, and shall be compelled to name all who were with him, or participated in his offence; and if his said associates should not be under his patronage, every freeman among them shall receive fifty lashes. If, however, slaves are participants in the crime, and belong to another master, they shall each receive two hundred lashes publicly, and in the presence of the judge, as a warning to others.

FLAVIUS CHINTASVINTUS, KING.

IV. Where a Person is Shut up by Violence, Inside his own House, or within his Gate.

Whoever forcibly confines the owner of a house inside his dwelling, or within the courtyard of the same, and prevents him from having free egress, or orders others to do so, shall, as a penalty for his insolence, pay to the owner of said house thirty solidi, and, in addition to this, shall receive a hundred lashes. All other persons who aided and abetted him in his unlawful act, and are not under his protection, where they are freeborn, shall each pay fifteen solidi to those who suffered the injury; and shall, for the insolence of which they are guilty, each receive a hundred lashes. Any slaves who are guilty of this offence, and did not act under the order of their master or mistress, shall each receive two hundred lashes. If, however, the owner of a house should be boldly and violently prevented from entering the same, in such a manner that he is, for the time, entirely deprived of control over his house, his family, and his other property, which is a far more serious offence, the author of such an infamous crime shall be liable for all damages incurred, and shall also receive a hundred lashes. Any freemen who are participants in a deed of this kind, if they are not under the patronage of the principal actor in it, shall each receive a hundred lashes, and be compelled to pay three hundred solidi to those who have suffered the injury. If, however, any slaves, without the knowledge of their masters, should have voluntarily committed such a crime, they shall undergo the penalty prescribed for slaves under such circumstances, as hereinbefore stated; and no responsibility for their acts shall attach to their masters. They also shall be liable to the same penalty, who, on their own responsibility, and without an order of the king or a judge, forcibly seize a house belonging to another; or presume to represent said property as their own; or affix their seals to the same.

FLAVIUS CHINTASVINTUS, KING.

V. Property, while in the Possession of Another, shall not be Seized, Except Under Legal Process.

No governor, deputy, steward, superintendent, agent, or attorney, or any freeborn person or slave, shall daringly presume to seize any property in the possession of another; or claim it, in the name of the king, or of his superior or master, before a judicial decree has been rendered establishing the ownership of said property. And if, without waiting for a trial, such a person should seize said property while in the possession of another, or which is known to belong to some one else; everything that he seized or removed, whether it consists of real estate or personal property, he shall restore twofold to him whose rights have been invaded; and he shall be compelled to give to the complainant, the profits accruing each year, while said property was in his possession; and which he shall solemnly declare under oath that he has collected. If a slave should commit such an act without the consent of his master, he shall, in addition to the above-mentioned penalty, receive two hundred lashes in public. Where the owner is not satisfied with double the amount of the value involved, as reparation, he must restore the property which was taken, as well as the profits of the same, to him who seized or removed it; and the latter, under direction of the judge, must surrender the slave by way of compensation for the illegal act. Under all circumstances, however, a careful investigation must be made, lest the slave may have committed the act through some artifice or fraud of him who owned the stolen property; and if this is found to be the case, the master who thus instigated, or permitted wrong to be done, shall restore to the owner sevenfold the value of the property which the slave abstracted; and the master shall retain undisturbed possession of his slave.

ANCIENT LAW.

VI. Where a Person is Guilty of Asking Others to Commit Depredations.

If any person should instigate others to plunder, and, in consequence, they should destroy anything, or steal any property, or animals; they shall be compelled to restore elevenfold the value of the property so stolen or destroyed, to him who was robbed. Any freemen who were present at the time of the commission of the crime, shall each be compelled to pay five solidi; and, if they should not have that sum, they shall each receive fifty lashes. Any slaves who commit such an act, without the consent of their masters, shall each receive a hundred and fifty lashes, and be compelled to restore the stolen property intact.

VII. A House shall not be Entered in the Absence of the Master, or while he is on a Public Expedition.

No one shall molest the house of a person who is absent, or while he is on a public expedition. Moreover, if anyone should seize property which he could have obtained by a decree of court, while the other party to the suit was absent, he shall restore said property twofold. If, however, he should seize anything which he could not legally obtain, he shall restore threefold the value of the same. Where anyone, before he departs on a public service, is summoned by the judge to the hearing of a case, he must answer in his own proper person; or he may authorize an agent in writing, and in the presence of the judge, to act for him in the matter. But if he should neither give such authority, nor answer in court, and, having absented himself, should thus abandon his case; the judge, after a proper investigation, shall order the property claimed by his adversary to be delivered to him. The absent party, however, shall have the right to reopen the case on his return.

FLAVIUS RECESVINTUS, KING.

VIII. Where the Slaves of a Person who is Absent on a Public Expedition Commit Unlawful Acts.

If the slave of any person who is absent upon the public service should be implicated, or detected in the commission of any crime, or other unlawful act, he shall be apprehended by order of the judge, and be punished by law, according to the nature of his offence; but if said offence should be of such a character, that the absent master would be liable therefor, or that the slave should be surrendered to another, the culprit shall be kept in custody by the judge until the return of his master, so that the latter may render satisfaction for his acts, should he wish to do so, or, should he be unwilling, that he may surrender the slave. Where a slave is unjustly put to death or subjected to torture, the said master, upon his return, shall have a good cause of action against the judge.

ANCIENT LAW.

IX. Concerning Those who, while on a Public Expedition, Commit Robbery or Other Depredations.

Those who commit robbery while in the army, shall make fourfold restitution. If they should not have the property wherewith to do so, they shall restore the article stolen, and receive fifty lashes. Should a slave, however, commit this offence, against the will of his master, he shall restore the stolen property, and receive two hundred lashes. All governors of provinces, judges and stewards, shall, without delay, require the enforcement of this law, as we are unwilling that our kingdom should be ravaged by depredators.

ANCIENT LAW.

X. He in whose Possession Stolen Property has been Found, shall be Compelled to Name his Associates in the Crime.

Whenever any evidence of crime, or any stolen property shall be found in the possession of any one, the latter shall, at once, be compelled to name his accomplices; and if he should refuse to do so, he shall be held liable for all damages incurred. If he is a person of superior rank, he shall either give a valid explanation of his illegal act, or shall restore, elevenfold, the value of the property stolen or destroyed; and shall receive a hundred lashes in public. If any part of the proceeds of a robbery should be found in the hands of a slave he shall receive two hundred lashes in public and shall be compelled to give up his accomplices.

XI. Concerning Those who are Guilty of Giving Directions to Others for Purposes of Robbery.

Any freeman, or slave, who shall give information concerning anything, in order that it may be stolen, or that the property of any person should be destroyed, or that he may be robbed of his flocks, or beasts of burden; as soon as the guilty party shall have been convicted by competent evidence, he shall receive a hundred lashes, because he gave information by means of which a crime was committed.

ANCIENT LAW.

XII. Concerning Those who Rob, or Inflict Annoyance upon Anyone, while he is on a Journey, or at Work in the Country.

Anyone who removes any property by violence, or robs another, while the latter is upon a journey, or occupied in farm labor, shall, after a judicial investigation, restore fourfold the value of the property stolen, or appropriated; and if he should cause any bloodshed, or personal injury, he shall render complete legal satisfaction for the same. If a slave should commit such an offence, without the knowledge of his master, he shall receive a hundred lashes; and his master shall be liable for the compensation due for his act. If his master should be unwilling to pay the sum required, he shall at once surrender the slave.[42]

ANCIENT LAW.

XIII. Whether a Person Caught in the Act of Robbery may be Killed.

Where anyone takes the property of another by force, and is wounded, or killed in the act, he who inflicted the injury shall incur no legal responsibility for the same.