TITLE II. CONCERNING THE LIMITATIONS OF FIFTY AND THIRTY YEARS.

I.After the Lapse of Fifty Years, Neither Goths nor Romans can Assert a Claim to Property.
II.No Fugitive Slave shall Again be Reduced to Servitude, after the Lapse of Fifty Years.
III.No Suit at Law shall be Brought Thirty Years After the Cause of Action has Arisen.
IV.The Limitation of Thirty Years shall Run in all Cases Excepting those where Slaves of the Crown are Concerned.
V.Concerning Claims made within Thirty Years.
VI.The Limitation of Thirty Years shall not Run while Persons are Exiled.
VII.Within what Time Slaves Belonging to the Crown can Again be Reduced to Slavery.

I. After the Lapse of Fifty Years, Neither Goths nor Romans can Assert a Claim to Property.

Lands apportioned between Goths and Romans, which have not been claimed within fifty years, can under no circumstances be claimed afterwards.

II. No Fugitive Slave shall Again be Reduced to Servitude, after the Lapse of Fifty Years.

Fugitive slaves who have not been found within fifty years, shall not, after that time, be returned to servitude.

III. No Suit at Law shall be Brought Thirty Years After the Cause of Action has Arisen.

All suits at law, whether well founded or not, and also all criminal cases, which shall not have been brought or determined in thirty years; or any disputes relating to the ownership or possession of slaves, which have not been settled within that time, shall under no circumstances be prosecuted afterwards. Where any person attempts to bring a suit thirty years after the cause of action has arisen, he shall be barred by the limitation aforesaid, and shall be compelled to give a pound of gold to whomever the king may direct.

THE GLORIOUS FLAVIUS RECESVINTUS, KING.

IV. The Limitation of Thirty Years shall Run in all Cases, Excepting those where the Slaves of the Crown are Concerned.

Want of care and resolution in an owner often disturbs the rightful possession of property, and what vigilance was not exerted to preserve, illegal license appropriates. The passage of the aforesaid period of thirty years is seen to occur so constantly in human affairs, that now it does not seem to have originated in the institutions of man, but rather to have arisen, in the course of nature, from the affairs themselves; and for this reason, therefore, we hereby decree, for all time hereafter, that if any beneficiary of the king, or any employee of the Crown, except royal slaves, should have held any property belonging to anyone for the space of thirty years, he shall have the right to claim and retain said property for himself, forever; and the demand of no one shall avail against said limitation, after it shall have been legally established.

Royal slaves whose servile origin is publicly known, who are at large, and wandering from place to place, even though they should pay no taxes, and should lie concealed in hiding places, or remain under the protection of any person for the space of thirty years, as aforesaid, shall not thereby escape the restraints of slavery, but shall be restored to their original condition without regard to lapse of time. Those only shall be excepted from the operation of this law who have received their freedom from the king.

FLAVIUS CHINTASVINTUS, KING.

V. Concerning Claims made within Thirty Years.

Long continued possession frequently transfers the ownership of property from one person to another; for whatever anyone has held for thirty years without molestation, can never be lost through the claims of another. To the end, however, that the rights of claimant as well as those of possessor may be properly protected, we hereby decree that the following law shall be observed by all, to wit: that wherever any property has been held by any person for from twenty-five to thirty years, and another person should claim said property; and the possessor should be notified of said claim either by the judge or the claimant, and should fail to make restitution, or to answer within a reasonable time; or should interpose delay under any pretext; or should assert his claim while the possessor of said property is absent, that is to say, while he is in another province, or in the army; under such circumstances, the judge shall deliver said property into the possession of the claimant in the presence of three witnesses, in order that the limitation of time may not run against said claim. And if the judge should order the property in dispute to be delivered into the possession of the claimant by a bailiff, he shall issue a writ directed to said bailiff, signed by his own hand, and according to the form hereinafter specified; and if there should be other property than that claimed in the place where the latter is situated, in order that no dispute may arise, the doors or gates of the enclosure where said property is situated shall be sealed with the signet of the judge or of the bailiff, and shall remain sealed for eight days; and the claimant shall retain possession of it for only eight days; but he must not waste, spoil, or dispose of said property, in any way, but must care for the same to the best of his ability. After the expiration of that time he must leave the property intact, in the possession of him who originally held it, and no responsibility whatever shall attach to him who had possession of it for the eight days aforesaid. And he himself, or any of his family or descendants, shall have the right to assert their claim to said property, at any time within thirty years from the day when the claimant made the demand as aforesaid. And if said person should not be able to establish the justice of his claim, he shall render satisfaction to the owner of the property, as a person making an unjust demand for something to which he was not entitled. If he should damage said property, or dispose of it, in any way, while in his possession, he shall be compelled to restore fourfold its value; and neither he, nor any of his family or posterity, shall have a right to make any claim for said property at any time thereafter.

We also hereby decree that if the property in dispute should consist of different articles, and should be situated in different places, an order issued by the judge relating to any one of said articles shall have the same force as if it related to all. The form of the order issued by the judge shall be as follows:—

ITEM.

WRIT OF INFORMATION. THE JUDGE TO THE BAILIFF.

We inform you that such-and-such a person claims property in the possession of so-and-so, and we hereby order you to place said property in the possession of said claimant, in the presence of two or three witnesses; to be left in his possession for the space of eight days only, according to the provisions of the law; and if you should find any property to which the seal of the owner thereof is not attached, you will attach your own seal thereto, to remain unbroken for the aforesaid term of eight days, in order to remove all cause of dispute or opportunity for fraud; and none of said property shall be removed by you.

FLAVIUS RECESVINTUS, KING.

VI. The Limitation of Thirty Years shall not Run while Persons are Exiled.

The more humanity is oppressed by misfortune, the more we should provide by our clemency for the evils with which it is afflicted. Wherefore, whenever any person of noble rank, or any freeman, or even a slave, is confined in prison, or sent into exile, by order of the king; and should afterwards be liberated, or pardoned, and return to his country, and anyone should have claimed any of his property during his absence; the time which he passed in confinement or exile shall not be counted as a part of the thirty or fifty year limitation barring a claim, or action at law; but the time during which he was imprisoned, or absent from the country, and unable to assert his rights, shall be excepted from the period of limitation aforesaid. In all other cases the laws which have already established periods of limitation relating to claims and actions at law, shall remain in force hereafter.

FLAVIUS EGICA, KING.

VII. Within what Time Slaves Belonging to the Crown can Again be Reduced to Slavery.

We hereby repeal the former law by which slaves belonging to the Crown could be reduced to their former condition of servitude, without consideration of the lapse of time, and, in the place thereof, issue the following decree, to wit: that whoever has had in his possession any slaves of the Crown for the space of thirty years, and said slaves have not been transferred to the possession of any other person during that time; or if any such slaves should wander from place to place, without paying any tax for the space of fifty years; said slaves shall under no circumstances be reclaimed by the Crown. But those persons under whose control such slaves were, for either the thirty or the fifty year period aforesaid, must make suitable compensation for their services to the royal treasury; to the end that one and the same law may prevail concerning the slaves of both prince and people.