TITLE I. CONCERNING PARTITION, AND LANDS CONVEYED BY CONTRACT.

I.A Partition Once Made, shall Remain Forever in Force.
II.No Partition Made Between Brothers shall be Revoked, Even if it was not Made in Writing, but Only in the Presence of a Competent Witness.
III.Where a Partition is Made Among Many Persons by the Majority, and those Entitled to the Larger Share, it shall not be Changed by any Act of the Minority.
IV.One Heir shall have the Right to Act for all the Others, either as Plaintiff or Defendant.
V.Where Anyone Violates a Contract Establishing a Partition, and Seizes a Portion of the Property.
VI.Where an Heir Plants a Vineyard, or Erects a House, on Land Belonging to his Co-Heirs.
VII.Where one Person Plants a Vineyard on the Land of Another, to which he has no Title.
VIII.Concerning the Division of Lands Made Between Goths and Romans.
IX.Concerning Forests Still Undivided Among Goths and Romans.
X.Whatever Acts a Slave may Perform, without the Order of his Master, shall be Void, except when Otherwise Provided by Law.
XI.Whoever Enters upon Land, under a Lease, must Comply with his Contract.
XII.Where Lands are Leased, by a Written Contract, for a Term of Years.
XIII.Where he who Rents Land under Contract, Cultivates a Greater Area than he has a Right to do, under the Conditions of the Same.
XIV.Where a Dispute Arises Between Landlord and Tenant, Concerning Arable Lands, or Forests, which are Leased.
XV.Both Tenants must Pay the Rent for Land which has been Sublet.
XVI.Where Goths have Appropriated any of the Third Part of Land Belonging to Romans, they shall Restore the Entire Amount to the Romans, under Order of Court.
XVII.Concerning the Partition of Property Among the Blood-Relatives of Slaves, and the Distribution of their Personal Estates.
XVIII.All Personal Property shall be Classed under One Title.
XIX.Where a Contract is not Complied with, according to its Terms.

I. A Partition Once Made, shall Remain Forever in Force.

A just partition once made, shall always remain in force, and, for no reason, shall it ever be altered thereafter.

II. No Partition made Between Brothers shall be Revoked, Even if it was not Made in Writing, but Only in the Presence of a Competent Witness.

We hereby decree that a partition made between brothers, even though it be not evidenced by an agreement in writing, shall remain in force, provided it can be proved by competent testimony; and, when this has been done, said partition shall have full validity in law.

III. Where a Partition is Made Among Many Persons by the Majority, and those Entitled to the Larger Share, it shall not be Changed by any Act of the Minority.

Where several heirs are interested in a partition of property, whatever is determined upon, as equitable, by a majority of the same, shall prevail, and shall not be interfered with thereafter by the minority.

FLAVIUS CHINTASVINTUS, KING.

IV. One Heir shall have the Right to Act for all the Others, either as Plaintiff or Defendant.

It was established by a former law that, where a cause is heard in court, one person shall not have the right to answer for another, unless the latter, who is equally interested, should be present, and should consent; and, for this reason, we consider it superfluous to make further provision in such matters, in cases where litigation arises, and each person must plead his own cause. However, lest through the artifice of an adversary, where a party interposes delay on behalf of one joined with him in the case, the term of thirty years may run against the complainant; after due deliberation, we hereby decree, that no excuse for delay shall be allowed in behalf of any party; and that any party to a suit may appear for all others joined with him, in the same manner as if he alone were interested. If, however, an heir should lose the suit either through corruption, or by his own negligence, the rights of none of his co-heirs shall be prejudiced thereby; and should any of them desire to reopen the case, they shall be permitted to do so. The law hereinbefore mentioned, which relates to this subject, is hereby abrogated; and we enjoin the observance of the present one upon all the people of our realm. And we hereby decree, that the same rule shall be observed where one of several parties interested in the prosecution of a claim thinks that a suit ought to be brought to collect it.

V. Where Anyone Violates a Contract Establishing a Partition, and Seizes a Portion of the Property.

Whoever violates the provisions of a partition made between heirs, and seizes any property belonging to a co-heir, shall forfeit as much of his own share as he attempted to take from the other.

VI. Where an Heir Plants a Vineyard, or Erects a House, on Land Belonging to his Co-Heirs.

Where anyone plants a vineyard, or builds a house, upon the land of any of his co-heirs, whether the owner of the same is ignorant of the fact, or consents to it, (even if he who planted said vineyard, or built said house, was ignorant of what part of said land belonged to his co-heirs), when he shall establish this, either by his own oath, or by the testimony of witnesses, he shall give to the owner upon whose premises he planted the vineyard, an equal quantity of land of the same value, and shall remain secure in the possession of the vineyard which he planted. If, however, he should plant said vineyard against the consent of the owner, he shall forfeit all right to the same. The same rule shall apply to buildings of every description. We also decree that if anyone should sell, give away, or exchange, land belonging to another; as soon as it shall be discovered that he had no title to the same, and if he who received said land should have built a house upon it, or should have planted a vineyard, olive-grove, garden, or orchard therein; or should have added anything to the value of said land by his labor; and the party to whom said land belongs should delay to claim it; or should be ignorant that it had been so disposed of; or should be unwilling to assert his rights to the same, in order to thereafter reap the benefit of the additional value it has acquired from the labor of another; when the said owner shall establish his title to said land in court, he shall receive another similar tract, double in value, from the party who made the illegal sale or transfer, and he who improved said land shall under no circumstances lose the fruits of his toil.

VII. Where one Person Plants a Vineyard on the Land of Another, to which he has no Title.

Whoever plants a vineyard upon the land of another, who is not his co-heir, without the permission of said owner, either by force, or when said owner was ignorant of the fact, or absent (even if he should not have been forbidden to do so), shall lose the vineyard that he planted; for the reason that he ought to know that whoever appropriates the property of another should not profit twofold by his illegal act.

VIII. Concerning the Division of Lands Made Between Goths and Romans.

A division of arable lands or forests made between Goths and Romans, shall under no circumstances be interfered with, provided said division shall be proved to have been publicly made, and no Roman shall take, or claim for himself, any part of the two thirds of said land allotted to a Goth in said division; nor shall any Goth dare to seize, or claim for himself, any of the third part of said land allotted to a Roman, unless it should have been bestowed upon him by our generosity; and any division made between parents or neighbors shall not be disturbed by their posterity.

IX. Concerning Forests Still Undivided Among Goths and Romans.

In the case of forests which are still undivided, where any Goth or Roman has appropriated a portion of the same, and placed it under cultivation, we hereby decree that if any woodland of equal value belongs to the party bound under the law to make compensation, the person entitled to receive said compensation shall not refuse to accept the woodland aforesaid. If, however, the former should have no woodland of equal value, the tract which is under cultivation shall be divided between the two parties.

X. Whatever Acts a Slave may Perform, without the Order of his Master, shall be Void, except when Otherwise Provided by Law.

Wherever a slave makes a division of any property, or does any other act without the order of his master, except where authorized by law, we declare said act to be invalid, unless the master of said slave should be willing to sanction the same.

XI. Whoever Enters upon Land, under a Lease, must Comply with his Contract.

Whoever rents land under the terms of a legal contract, for a fixed annual rental, shall have possession of said premises, and must pay the rent at the end of each year, according to the terms of the lease; because no contract should be violated. Where the tenant neglects to pay the rent at the end of each year, the owner shall be entitled to the possession of his land; and he who did not comply with his contract shall, through his own fault, lose all the profit which might accrue to him under said contract.

XII. Where Lands are Leased, by a Written Contract, for a Term of Years.

Where the use of land is granted by an instrument in writing, for a certain term of years, he who received said land shall restore the same to the owner, at the expiration of said term, and shall do so without unnecessary delay, according to the conditions of the contract.

XIII. Where he who Rents Land under Contract, Cultivates a Greater Area than he has a Right to do, under the Conditions of the Same.

Whoever rents land under a lease, shall occupy as much of said land as the owner permits him to use, and no more. If, however, he should cultivate more land than he is entitled to under his contract, or should bring in others for that purpose, or his sons and grandsons, inmates of his house, should cultivate lands not included in his lease; or he should occupy any fields without the permission of the owner; or should, without authority, cut down any grove, for the purpose of having tillable land, or meadows, or to build fences out of the timber; he shall lose everything which he has appropriated without permission; and it shall rest in the discretion of the owner whether he shall increase the rent, or shall at once take possession of the land not included in the lease. And where only arable land is rented to any person and no woodland or pasture is included, no lessee shall have the right to use said woodland or pasture without the consent of the owner thereof.

XIV. Where a Dispute Arises Between Landlord and Tenant, Concerning Arable Lands, or Forests, which are Leased.

Where any dispute arises between the parties to a lease, concerning the quantity of land granted under said lease the lessor, if he is living, and if he is dead, his heirs, shall make oath that said lessor did not lease a larger tract of land than is designated by them. And after they have made oath as aforesaid, they shall attach their seals to the same in the presence of witnesses, to the end that no cause for dispute may arise thereafter. If, however, said parties should not be worthy of credit, or should be unwilling to make oath as aforesaid, or should have any doubt concerning the amount of land so leased, they shall not make oath and imperil their souls, but they shall divide each of the whole number of aratra received by themselves, as heirs of their parents, into fifty arepennes: so that every portion occupied or cultivated shall include said fifty arepennes; nor shall they presume to occupy any more than said portion measured and allotted to them, unless with the consent of the owner or owners of said land. Any tenant who occupies more than said quantity of land, shall pay double the amount of rent of the tract he illegally entered upon.

XV. Both Tenants must Pay the Rent for Land which has been Sublet.

Where a landlord receives a tenant on his land, and it afterward happens that the latter sublets a third of the same to another party, both shall be considered tenants of the landlord, and shall pay rent to him in proportion to the amount of land they occupy.

XVI. Where Goths have Appropriated any of the Third Part of Land Belonging to Romans, they shall Restore the Entire Amount to the Romans, under Order of Court.

Judges, governors, and other authorities, in all cases where Romans have been deprived of their lands, shall take them from those who occupy them, and restore them to the Romans, in order that the royal treasury may sustain no loss; provided, however, that the period of fifty years shall not have elapsed, so that, by limitation of time, the rights of the Romans to said lands may not have been lost.

FLAVIUS CHINTASVINTUS, KING.

XVII. Concerning the Partition of Property Among the Blood-Relatives of Slaves, and the Distribution of their Personal Estates.

It is the just province of the law to amend or repeal by new decrees, any former statutes which may be devoid of reason or equity; and the cause of abuses must first be determined, before laws can be enacted for their correction. As a son is born of both parents, why should he follow the condition of his mother, while he owes his being equally to his father. It is, therefore, but reasonable that we decree that where one slave has married a slave owned by another person, any issue of said marriage shall belong equally to the masters of both slaves. Where, however, there is but one son born to said parents, since he cannot serve both masters at once, he shall remain with his mother until his twelfth year, at which age he will be able to work. The master of the female slave shall then pay to the master of her husband one half of the value of the child, after said value shall have been appraised by men of respectability. A similar rule shall be observed in the cases of other children of slaves, where said children are not of even number. All personal property which said male and female slave has accumulated, while living under one roof, shall belong to both masters. And if said slaves should have accumulated any property on land belonging to a third person, or any building, or any real estate of any description, or any personal property that is not portable, the masters of said slaves shall have a right to the division of said property among themselves, in the same manner as if it had been acquired through relationship by blood. If one of the said masters should be opposed to the marriage of the slaves aforesaid, he may straightway separate them, under this condition: that, after said marriage shall have come to the knowledge of said masters, and they should not desire its continuance, they must dissolve it within a year. If, through their negligence, this reasonable time prescribed by law should have elapsed, whatever issue said slaves may have after that time, shall be equally divided between their masters; the sex, number, and ages of said children being taken into consideration. If more than a year should elapse without one or both of their masters being aware of said marriage, all issue of the same shall be divided between them, as aforesaid.

THE GLORIOUS FLAVIUS RECESVINTUS, KING.

XVIII. All Personal Property shall be Classed under One Title.

We often see wicked persons, for the purpose of contention, pervert the meaning of the law; and, in order to prevent such conduct, as far as possible, we desire to simplify matters whenever this can be done. Therefore, we decree that no difference shall exist in the classification of all kinds of personal property, whether said property be tangible, or merely held in trust by one for another; in order that the subtle distinctions which have arisen in the classification of said property may be abolished.

THE GLORIOUS FLAVIUS RECESVINTUS, KING.

XIX. Where a Contract is not Complied With, according to its Terms.

Whenever any person obtains possession of land, vineyards, or any other real estate, under a lease for the tenth part of its annual yield, or for any other payment, or consideration, whether said lease is in writing, or verbal, provided he who leases it does so under some contract for rent, the lessee shall, without demand or solicitation from the lessor, pay his rent regularly; nor shall the right of the landlord to said rent be affected, in any way, should he not do so. For wherever the provisions or covenants of a lease are not fulfilled, the right of the owner shall not be affected; because the controversy has not arisen through the act of the landlord, but through the fraud of the tenant. If the tenant should refuse to fulfil his contract, or to comply with any of its provisions, he shall pay double the amount to the landlord which he agreed to pay him under the terms of the lease. And if the tenant, alleging various pretexts, should not comply with his contract for such a time that the rights of the owner are lost by the limitation of the law, that is, for fifty years, he shall forfeit said property, with all the increase in value of the same resulting from his labors thereon.