TITLE II. CONCERNING UNLAWFUL MARRIAGES.

I.Where a Woman Marries within a Year after the Death of her Husband.
II.Where a Freeborn Woman Marries a Slave, or her own Freedman.
III.Where a Freeborn Woman Marries the Slave of Another, or a Freeborn Man the Female Slave of Another.
IV.Where a Freedwoman, or a Freedman, Marries the Slave of Another.
V.Where any one gives in Marriage his Slave, of Either Sex, to the Slave of Another.
VI.Where a Woman contracts a Second Marriage in the Absence of her Husband.
VII.Where a Master Marries one of his Slaves to a Freewoman, declaring him to be a Freeman.
VIII.Where a Freewoman Marries without the Consent of her Parents.

ANCIENT LAW.

I. Where a Woman Marries within a Year after the Death of her Husband.

If any woman, within a year after the death of her husband, should marry another, or commit adultery, the children by her first marriage shall receive half of her property; or, if there are no children, the nearest heirs of the deceased husband shall receive half of her property, by order of the court. We have especially prescribed this penalty lest the woman, having been left pregnant by her husband, and desiring to enter into a second marriage, should destroy her unborn offspring. We decree, however, that those only shall be exempt from the operation of this law, who marry within the prohibited time under order of the king.

II. Where a Freeborn Woman Marries a Slave, or her own Freedman.

If a freeborn woman should commit adultery with her own slave, or freedman, or should marry him; as soon as this has been proved, she shall be put to death; and both adulterer and adulteress shall be publicly scourged before the judge, and burned. And whenever any judge shall be convinced of the commission of such a crime, and shall learn that any mistress has married her slave, or her freedman; he shall at once cause them to be separated, in order that the sons of her former husband, or those of his relatives entitled to it by legal succession, may obtain possession of her property. But if heirs, to the third degree, should be wanting, then all her property shall belong to the royal treasury; for it is not proper that the children born of such a marriage should be heirs. And the woman, whether she be a virgin or a widow, shall be liable to the penalty hereinbefore mentioned. But if she should take refuge at the altar, and claim the privilege of sanctuary, she shall be given by the king to whomever he chooses, to serve him forever as a slave.

III. Where a Freeborn Woman Marries the Slave of Another, or a Freeborn Man the Female Slave of Another.

If any freeborn woman should marry, or commit adultery with the slave of another, even though he should belong to the king; as soon as this shall come to the knowledge of the judge, he shall order the parties to be separated immediately, that they may suffer the punishment they deserve, to wit: each one a hundred lashes. And if, after this, they should commit the offence a second time, the judge shall order them to be arrested and brought before him, and they shall each receive another hundred lashes. And if they should be guilty for the third time, they shall receive another hundred lashes, and the woman shall be delivered over into the power of her relatives. And if, at any time afterwards, her relatives should permit her to return to the slave, she shall become the slave of the master to whom the latter belongs. And whatever children shall be born of this union shall follow the condition of the father, and remain in slavery. The relatives of the woman, however, shall inherit her property, according to the rules of inheritance. But if the children who are born of this union shall prove, by a lawful witness, that for thirty years they have been free, they shall be exempt from servitude; provided that their parents, within the thirty years for which time the children have proved themselves to be free, should have rendered no service to their master, by reason of which their children might be subject to slavery. And we direct that this law shall also apply to freeborn men who marry the female slaves of the king, or those of any one else whomsoever.

FLAVIUS CHINTASVINTUS, KING.

IV. Where a Freedwoman, or a Freedman, Marries the Slave of Another.

If any woman who has been freed should unite herself with the slave of another, or should marry him; the master of the slave shall notify her three times, in the presence of three witnesses, to leave him, and if, after the third notification, she should be unwilling to do so, she shall become the slave of the master of him with whom she is living. But if she should not have been notified before any children are born, then she shall remain free. It is the rule that the blood relations of a slave shall belong to his master, because those cannot be free who are born in this condition. This law likewise shall apply to men who have been set free, who unite with the slaves of others. But if any woman who has been set free should marry the slave of another, after the permission of the master has been granted, through any contract or agreement with the latter, then such contract shall be valid.

V. Where any one gives in Marriage his Slave, of Either Sex, to the Slave of Another.

Whoever gives his female slave, as a wife, to the slave of another, without the knowledge of the master of the latter, and this should be established by certain proof, the said master shall have the wife of the slave, along with all of her children, as his own slaves. And he who marries the female slave of another to his own slave, we ordain shall also be subject to this law.

VI. Where a Woman contracts a Second Marriage in the Absence of Her Husband.

No woman, in the absence of her husband, shall have liberty to marry another man until she has learned, by certain evidence, that her husband is dead; and he, also, who wishes to marry her must make diligent inquiry for that purpose. But if they should neglect to do this, and should be unlawfully married, and afterwards the former husband should return, they shall both be delivered up into his power, to be disposed of at his will, and he shall have the right to sell them or do whatever he pleases with them.

FLAVIUS CHINTASVINTUS, KING.

VII. Where a Master Marries one of his Slaves to a Freewoman, declaring him to be a Freeman.

The acts of wicked men must be resisted, lest unbridled depravity prevail. Many persons, induced by avarice, are accustomed to wickedly deceive freeborn women and girls by inducing them to accept their slaves as husbands, representing them to be freeborn; in order that any children they have, may afterwards be reduced to slavery. Therefore, that this fraud may be abolished, we decree by the present law, that persons guilty of such deception shall be branded with infamy; and those slaves who are found to have been represented as freemen by the aforesaid evil-minded persons, shall be, along with their children, forever free; just as if their masters had publicly liberated them; and the women or girls who married said slaves shall have, as their own, all the property which was either received by, or promised to, them at the time of their marriage; if they can establish by any suitable proof, that their husbands were given to them under the representation that they were free. But if any girl or woman, as aforesaid, or her parents, should not be able to prove this; the master shall possess said girl or woman, along with her children, as slaves, and shall be entitled to all their property. And this law shall also apply to those female servants who are known to have married freemen under similar circumstances of fraud, as well as to persons who have been set free, and who are proved to have married the slaves of others.

ANCIENT LAW.

VIII. Where a Freewoman Marries without the Consent of her Parents.

If any freeborn girl should marry a freeman before the latter has consulted her parents, and if he then should obtain consent to have her as his wife, he shall pay the legal dowry to her parents; but if he can not furnish that sum, the girl shall be again placed under their control. If she should have been voluntarily married without the consent and knowledge of her parents, and they should then be unwilling to receive her, she shall not inherit along with her brothers, for the reason that she married without the permission of her parents. If her parents should give her any of their property, she shall have full liberty to dispose of it at her pleasure.