TITLE I. CONCERNING FUGITIVES, AND THOSE WHO CONCEAL, AND ASSIST THEM IN THEIR FLIGHT.

I.Where a Freeman or a Slave is Found to have Concealed a Fugitive.
II.Where a Fugitive is Released from his Chains by any Person.
III.Within what Time a Fugitive Slave that has been Found, shall be Produced Before the Judge.
IV.Where Anyone, Ignorantly, Receives a Fugitive Slave, and Cares for Him.
V.Where Anyone Persuades the Slave of Another to Flee, or Shows him Hospitality.
VI.Where a Man, Unknown to be a Slave, is Received by Another, and Remains with him Several Days.
VII.Where a Slave, Knowingly, Directs a Fugitive Slave in his Flight.
VIII.Concerning the Reception of Fugitive Slaves; and Whether a Master or a Slave may Receive a Fugitive Slave Belonging to Another.
IX.Where a Fugitive Slave Comes to the House of any Person, Notice of the Fact must be Given to the Neighbors and Authorities of the District.
X.Where a Slave that has been Sold into a Foreign Country, Returns as a Fugitive, and is Sold a Second Time, he shall be Entitled to his Freedom.
XI.Where a Fugitive Slave Takes Refuge with Another Person, an Investigation must be Made, to Ascertain whether he was not Sent by his Master, in Order that the Latter might Receive Compensation from the Person who Received said Slave.
XII.Where a Slave, Falsely Declaring that he is Free, Serves Another for Hire.
XIII.Where a Fugitive Slave is Found in the House of any Person.
XIV.Concerning the Reward for Arresting a Fugitive Slave.
XV.Where a Fugitive Slave Falsely Declares that he is Freeborn.
XVI.Where a Fugitive Slave, Declaring that he is Freeborn, Marries a Freeborn Woman.
XVII.Concerning Property Acquired by Fugitive Slaves.
XVIII.Concerning Those who Refuse to Restore Fugitive Slaves to their Masters.
XIX.Where a Freeman, or a Slave, Undertakes the Concealment of Robbers.
XX.A Judge must Surrender a Fugitive Slave, with all the Property Found in his Possession, to his Master.
XXI.Concerning Fugitive Slaves, and those who Shelter Them.

I. Where a Freeman or a Slave is Found to have Concealed a Fugitive.

Where a freeman conceals a fugitive slave, he shall be compelled to give up said slave to his master, along with another slave of equal value. If a slave, without his master’s knowledge, should conceal another slave who is a fugitive, both shall receive a hundred lashes; and the master shall be in no respect responsible for damages.

II. Where a Fugitive is Released from his Chains, by any Person.

If anyone should set free the slave of another, while the latter is fettered with irons, or bound in any way, he shall give to the master of the slave ten solidi, on account of his interference. In case he should not have the property wherewith to pay said amount, he shall receive a hundred lashes by order of the judge, and shall, at once, restore the slave to his master. Where said slave cannot be found, he shall be compelled to give another of equal value to the master; or, if he should not have the means to render satisfaction, he shall himself be delivered up as a slave to him whose own slave he released. Where a slave committed this offence without the knowledge of his master, he shall receive a hundred lashes in the presence of the judge; and if the slave who was set free cannot be found, he who liberated him shall be delivered up to the master of the one who was released. But whenever the fugitive slave shall be found, he shall be restored to his master, and the one who was surrendered in his place shall be returned to his master. If, however, one slave should release another with the knowledge of his master, said master must make such compensation as has been hereinbefore provided in the case of freeborn persons.

III. Within what Time a Fugitive Slave that has been Found, shall be Produced Before the Judge.

Where a fugitive slave takes refuge with any person, the latter must straightway bring him before a judge. Should he not produce him as aforesaid, and the slave should remain with him until the eighth night, and then go elsewhere, the person who sheltered him shall be compelled to give two slaves of equal value to his master. If, however, he should be found to have concealed the slave who took refuge with him, he must restore him and give another slave to the master, without delay; because he neglected to give notice to the latter within the legally appointed time.

IV. Where Anyone, Ignorantly, Receives a Fugitive Slave, and Cares for Him.

Where any person ignorantly receives a fugitive slave, and treats him with hospitality, and he should not remain in his house longer than one day or one night, he shall make oath before the master who is searching for said fugitive, that he did not know that he was a fugitive slave; and, if he can prove, without doubt, that he did not conceal him, he shall incur no liability whatever. If, however, said slave should remain in his house for the space of two, three, or four days, for any reason whatever, the said person must show where he was, or by whom he was sheltered, afterwards; and he must either find the fugitive within six months, or prove with whom the slave took refuge after he left his house. If he should not be able to find said slave, he must purge himself by oath of all complicity in his flight, as well as of all knowledge with whom the slave took refuge subsequently; and he shall either restore the fugitive, or give another slave of the same value to his master. If the fugitive should be afterwards found, the slave given in his place shall be returned to his former master, and the latter shall incur no liability whatever.

V. Where Anyone Persuades the Slave of Another to Flee, or Shows him Hospitality.

If anyone, knowing him to be a fugitive, should persuade the slave of another to escape, or anyone should entertain or disguise said slave, and the latter is found, the party aforesaid shall be compelled to give two others of equal value to his master. Should said fugitive not be found, said party must give three slaves of equal value to his master. The same rule shall also apply to the case of female fugitives.

VI. Where a Man, Unknown to be a Slave, is Received by Another, and Remains with him Several Days.

If a stranger, who is a fugitive, should remain, for the space of five or seven days, upon the premises of any person, he who received or entertained him, must give notice of the fact, before the eighth day, to the judge, or governor of the nearest town or province, as has been provided by the law recently promulgated, concerning fugitive slaves; in order that said fugitive may be examined by the authorities, and it be ascertained who he is, and why he has come to that locality. In this way, every provision of the law relating to the treatment of fugitive slaves which we have recently published, shall be complied with in every respect. The greatest diligence must be employed throughout all the provinces of our kingdom, to the end that the appearance of a fugitive, as aforesaid, may become publicly known upon the day of his arrival, or the day afterwards. Where, however, the person who entertains a fugitive slave does not give notice within eight days, and permits him to remain in his house, he shall restore the fugitive to his master, and give the latter another slave, as a penalty for not having given the notice required by law. If, however, the fugitive should escape, he who entertained him must find him; and, if he cannot do so, he shall be compelled to give two slaves of the same value to his master.

VII. Where a Slave, Knowingly, Directs a Fugitive Slave in his Flight.

Where one slave knowingly assists another in his flight, he shall receive a hundred lashes, whether the fugitive is found, or not; and the master of the delinquent shall be in no way responsible for his act.

VIII. Concerning the Reception of Fugitive Slaves; and Whether a Master or a Slave may Receive a Fugitive Slave Belonging to Another.

If a fugitive slave should take refuge at the house of any person, and, being unknown to said person, should receive assistance from him, and then straightway continue his journey, no liability of any kind shall attach to him who entertained, as it were, a passing traveller, after said person has sworn that he whom he assisted was unknown to him. But where a fugitive remains, for two or three days, in the house of said person, the latter must cause him to be produced, as was provided by a former law, before the eighth day, before the authorities of the district; that is to say, before the judge, deputy, or governor, along with a competent witness. A thorough investigation shall then be made by the judge, or other magistrate, to ascertain whether said fugitive is a slave; and, should he be such, when he escaped from his master, as well as when and where he took refuge with the party who produced him. Said examination shall be committed to writing and signed by the judge, or other official, who conducted the investigation.

If the fugitive should declare that he is a slave, he shall be delivered up to the party who produced him, and the latter, within eight days, must return him to his master. Where the latter lives at a distance from the place the slave was taken, the number of days during which the fugitive remained under the control of him who received him, shall be computed, and twenty miles shall be set down for each day; and when said person shall restore the fugitive to his master, either in his own person, or by an agent, he shall be entitled to receive the compensation allowed by law in such cases; that is to say, one tremisa for every thirty miles traversed by said fugitive slave. If, however, on account of the great distance, it should be a hardship for the party who received the slave to restore him to his master, he must deliver him, in the presence of witnesses, either to the steward in control of any property of the master in the neighborhood, or to a magistrate of the district; and, having received from him the compensation hereinbefore specified, he shall be free from all liability whatever. If, however, the fugitive, when brought before the judge, and interrogated by him, should refuse to disclose whose slave he is, he who produced him must leave him in the custody of the judge. The judge shall keep said fugitive in strict confinement, and shall bring him before the king, in council, within the time, and according to the manner, hereinbefore prescribed, in order that further inquiry may be had, in a place where general publicity may secure the identification of the fugitive. The preceding law having thus been established, whoever, hereafter, does not obey the same, and produce a fugitive before the judge, whether he is known to be a slave, or not, and where he is a slave, does not restore him to his master, shall be compelled to restore him, and give another slave, by way of satisfaction. If the fugitive should die, the master shall be entitled to receive two slaves, of equal value, from him who sheltered him. The judge shall also be liable to a similar penalty, should he neglect to execute the law as hereinbefore provided. If a slave, without the consent of his master, should shelter another who is a fugitive, he shall receive a hundred lashes in the presence of the judge; and the fugitive shall be returned to his master, upon the demand of the latter. If, however, the fugitive, who was sheltered by a slave, should not be found, the master of him who sheltered the fugitive shall be compelled to give in his stead another slave, of the same value, to the owner of the same. If the master should be unwilling to render satisfaction for the act of his slave, he must deliver up the offender by way of amends.

IX. Where a Fugitive Slave Comes to the House of any Person, Notice of the Fact must be Given to the Neighbors and Authorities of the District.

Where a fugitive slave takes refuge in the house of any person, the latter must give notice to the authorities of the district; and should he desire to keep said fugitive in custody, in his house, it shall be lawful for him to do so. When the master of said slave comes after him, he shall be restored to him, and he who sheltered said slave shall incur no liability. But if, in the meantime, the said fugitive slave should betake himself elsewhere, he who gave notice to the authorities shall make oath, in their presence, that he did not persuade said fugitive to escape, or assist him in his flight, and that he is ignorant of his present whereabouts; and, after having done this, he shall be in no way responsible.

X. Where a Slave that has been sold into a Foreign Country, Returns as a Fugitive, and is Sold a Second Time, he shall be Entitled to his Freedom.

Where a master sells his slave, and he is taken into a foreign country, and afterwards returns, and his master sells him a second time, the master shall be forced by the judge to redeem said slave from the purchaser; and the latter shall then be liberated, and subjected to no further annoyance. He who, actuated by avarice, thus placed a slave, returning from a foreign country, in bondage a second time, shall be compelled to give to the purchaser another slave of the same value, in addition to the price which was paid. The former master of the returned slave shall not sell him, or have any right to his services; but said slave shall be forever entitled to the full enjoyment of his freedom.

ANCIENT LAW.

XI. Where a Fugitive Slave Takes Refuge with Another Person, an Investigation must be Made, to Ascertain whether he was not Sent by his Master, in Order that the Latter might Receive Compensation from the Person who Received said Slave.

A fugitive slave shall be compelled to disclose the name of his master, and shall be thoroughly examined by the judge, in order to ascertain whether his master did not cause him to take refuge with another person for the sake of illegal gain. And if it should be established that his master was guilty of fraud, whereby he desired to implicate another in the crime of having knowingly concealed his slave, he shall be liable for such damages as are imposed upon those who wilfully conceal slaves. For it is but just that he who is guilty of such malignant treachery should pay the penalty which he attempted to impose upon another.

ANCIENT LAW.

XII. Where a Slave, Falsely Declaring that he is Free, Serves Another for Hire.

Where a fugitive slave asserts that he is freeborn, and remains with anyone, for hire, in a place where he is unknown, he shall be produced and examined before the judge, as has been provided by a former law. And if the investigation should disclose that he is merely a laborer, and not a fugitive slave; and if, afterwards, this should be found to be false, and his master should appear; he who ignorantly employed him, not knowing that he was a fugitive, shall in no wise be held responsible. The master, however, shall receive the compensation due to the slave, according to the contract made by the latter. If the slave should escape from his master a second time, and should take refuge with him who formerly employed him, he must at once deliver him up to the judge, or restore him to his master; and if he should not do so, he shall be liable to the penalty imposed upon those who shelter fugitive slaves.

XIII. Where a Fugitive Slave is Found in the House of any Person.

Where a fugitive is found in the house of a person of rank, or of anyone else, whether he declares that he is free or not, he shall, without delay, be delivered up to whoever claims him. He in whose house said slave was found shall require security that he shall be brought into court, and that he shall not be tortured, in any way, before his case is decided, until he himself establishes the fact of his freedom, or he who claims him proves that he is a fugitive slave. Where the claimant is unwilling to do this, the fugitive shall remain in charge of him who found him, until it is ascertained what disposition the judge shall make of him.

FLAVIUS RECESVINTUS, KING.

XIV. Concerning the Reward for Arresting a Fugitive Slave.

Whoever arrests a fugitive slave, shall be entitled to one tremisa for every thirty miles, or less, which said slave has traversed in his flight, and a solidus for every hundred miles, as a reward for the capture; and the number of solidi paid shall increase with the number of miles traversed. He who finds a fugitive slave, must deliver him, at once, with all the property which is in his possession, to his master. If, however, a fugitive slave should escape from his captor, the latter must swear before the master that the fugitive did not gain his liberty through any design or fraud on his part, and he shall then incur no liability therefor. But if, after having made oath as aforesaid, he should be proved to have accepted anything from said fugitive, or to have committed any fraud, whereby the latter might take refuge elsewhere, and said fugitive should be afterwards found, said party shall be required to give another slave, of the same value, to his master; but if the fugitive should not be found, he shall be compelled to give him two slaves in his stead.

XV. Where a Fugitive Slave Falsely Declares that he is Freeborn.

Where a fugitive slave comes among persons to whom he is unknown, and asserting that he is freeborn, afterwards marries a freeborn woman, and said woman, or her parents, or relatives, should be convinced of the fact that he is a slave, and the judge should have investigated the matter, in behalf of the woman, and the master of said slave should add his testimony; no reproach shall attach to said woman, nor shall she be liable for any damages, but she shall continue to be free, and any children she may have had by said slave, shall follow the condition of their mother. She shall not be separated from said slave should she desire to remain with him, provided his master gives his consent.

FLAVIUS CHINTASVINTUS, KING.

XVI. Where a Fugitive Slave, Declaring that he is Freeborn, Marries a Freeborn Woman.

For the reason that fugitive slaves falsely declaring themselves to be freemen, frequently contract marriages with freeborn women, we now decree by the following law, that where a slave, having escaped from his master, by any means whatever, takes refuge with anyone, whether he declares that he is free or not, and, under such circumstances, marries a freeborn woman, the issue of said fraudulent union shall invariably follow the condition of the father; and when the master of the slave appears, he shall have a right to claim as his own, not only said fugitive, but also his children, and such property as they may be possessed of. A similar rule shall apply to female slaves who, escaping from their masters, presume to contract marriages with freeborn men.[45]

FLAVIUS CHINTASVINTUS, KING.

XVII. Concerning Property Acquired by Fugitive Slaves.

If a fugitive slave should acquire any property through his labor and skill, when his master appears, the latter shall have the right to the whole of it. But where his master finds him in possession of property stolen from another, he can advance no claim to it, but must restore said property to him who lost it. If, however, said fugitive slave should have caused any damage, or committed any crime, he who concealed him must render satisfaction for the same.

FLAVIUS CHINTASVINTUS, KING.

XVIII. Concerning Those who Refuse to Restore Fugitive Slaves to their Masters.

For the reason that many persons are prone to controversy, and frequently pervert the meaning of the laws; and because it was declared by an ancient law that whenever a master comes upon his slave he may take him; and for the reason that said persons frequently refuse to surrender a fugitive slave, and, under such circumstances, cause delay, that they may have the benefit of the services of said slave for a time; and also, as said delay is entirely useless, and it is unjust that a master, for the sake of a vile slave, should be compelled to remain, for an indefinite period, two or three hundred miles from home; and because such proceedings are rather the result of artifice than of truth; we hereby decree that henceforth, whenever anyone refuses to surrender a fugitive slave to his master, or to the agent of the latter, or rescues him after he has been arrested, he shall be compelled to restore said fugitive to his master, along with four other slaves of equal value; or, if said fugitive should die, he shall be compelled to give his master five slaves of equal value; and if the fugitive should afterwards be found by said person, or by his former master, he shall belong to the latter, and one of those who was given in his stead shall be returned to the donor of the same. And if a slave, without the knowledge of his master, should commit any of the offences hereinbefore described, and his master is willing, he must give two slaves, of equal value, by way of compensation, to the owner of the fugitive; but should he be unwilling to do so, the slave shall be delivered to the owner of the fugitive to be his property forever. The same rule shall apply in the case of female slaves.

ANCIENT LAW.

XIX. Where a Freeman, or a Slave, Undertakes the Concealment of Robbers.

Any freeman or slave who knowingly conceals robbers, shall be compelled to produce them, and shall receive two hundred lashes with the scourge; and should he not produce them, he shall be liable for the penalty for their crime.

XX. A Judge must Surrender a Fugitive Slave, with all the Property Found in his Possession, to his Master.

Whatever property a judge finds in the possession of a criminal or a fugitive slave, in the absence of him who has a right to claim said criminal or slave, must be delivered to the governor of the city, and kept by him, to be restored to the owner when he arrives.

EGICA, KING.

XXI. Concerning Fugitive Slaves, and those who Shelter Them.

It has been plainly set forth in former laws, by what means and investigations the secret escape of fugitive slaves may be repressed. But as, under various legal pretexts of judges, or through the fraud of those who shelter them, their flight is concealed, and the enforcement of the laws becomes difficult, and with the increasing number of fugitives, the facilities for their concealment become greater, to such an extent has this evil grown that there is scarcely a town, castle, village, or hamlet, where a number of fugitive slaves are not known to be in hiding.

Leaving the provisions of a former law relating to fugitive slaves in full force, we now decree that hereafter, whoever shelters a fugitive slave belonging to another, shall immediately subject him to a judicial examination, even though he should assert that he is freeborn, in order that it may be ascertained whether he is a freeman or a slave, and should he prove to be a slave, that he may be returned to his master. If, however, said person should not produce said fugitive in court, or restore him to his master, whether he proves to be either a slave or a freeman, said person shall receive a hundred and fifty lashes by order of the judge. In case he should be freeborn, he shall receive a hundred and fifty lashes, and shall pay in addition a pound of gold to the master of the fugitive slave, and should he not have the means to pay said sum, he shall receive two hundred lashes. All other residents of that neighborhood, whether they be natives, or foreigners, freemen or slaves, whether they belong to the clergy or are in the service of the Crown, shall be liable to similar penalties, if they do not give notice of said fugitive, or drive him from the possession of him who concealed him, when they are aware of the presence of said slave.

And we also provide that the following shall be strictly observed, to wit: that whenever any fugitive slaves come into any locality, all the inhabitants shall assemble, and shall make a thorough examination of said fugitive slaves, either by the application of torture, or by any other severe method; in order to ascertain whose slaves they are, when they escaped from their masters, and when they arrived in that vicinity; and to this end they must use every means possible, in order that said slaves may be delivered up, or sent to their masters, as provided by a former law. If, however, said persons should not comply with this provision, and should neither make inquiry concerning said fugitive slaves, nor endeavor to restore them to their masters, nor subject them to judicial examination, as aforesaid, but said slaves should subsequently be found in the place where they had first taken refuge, all the inhabitants of that neighborhood, both men and women, of whatever race, family, rank, or dignity to which they may belong, shall each receive two hundred lashes in public, by order of the judges. And if the tiuphadi or deputies, or all invested with judicial power, or officials of the treasury, or attorneys, or priests, or any employees of the royal service, should, in any way, connive at the concealment of said fugitive slaves, or should neglect to execute the sentence of this law upon all persons subject to their jurisdiction, they shall be arrested by the bishop, or the governor of the province, and shall publicly receive two hundred lashes. If any bishop having jurisdiction of such a cause either influenced by friendship, or corrupted by a bribe, or through lukewarmness, should not carry out the sentence of the law upon those who are guilty, he shall bind himself before God, and in the presence of the governor, or his deputy, that, by way of penance, for thirty days he will not touch wine or food, excepting each day at vespers, and then only a morsel of barley bread and a cup of water, for the sustenance of his body; and this bitter penalty he must endure for the reason that he refused to carry out the provisions of the law. We hereby admonish all judges and governors to execute the sentence aforesaid; and, should they neglect to perform their executive and judicial duties, they shall each forfeit three pounds of gold to the royal treasury.

Any person who, within the limits of Spain, desires to purchase any slave from a party unknown to him, must not conclude said purchase until inquiries have been made to determine whether said stranger is selling a slave of his own, or one belonging to some other person. Said inquiries shall take place in the presence of the judge, or of persons of respectability who are present where said slave is offered for sale; and the vendor of the slave shall make his statements under oath. The slave who is offered for sale shall himself be subjected to a severe examination; and, should it be ascertained that he is not the property of the person who offered him for sale, but that he belongs to another, then the judge shall order him to be restored to his master. The judge shall retain in custody the party who attempted to sell the slave of another, as well as the slave in question, until the arrival of the master, when the judicial examination shall be completed, and the satisfaction required by law shall be made. Given and confirmed at Cordova, in the sixteenth year of our happy reign.[46]