TITLE VII. CONCERNING THE LIBERATION OF SLAVES, AND FREEDMEN.
| I. | Where Slaves are Liberated, either by Instruments in Writing, or in the Presence of Witnesses. |
| II. | Where a Slave Belonging to One, or to Several Persons, is set at Liberty. |
| III. | Concerning Those who Declare that they are Free. |
| IV. | Whether he who is enjoying Liberty, can be Returned to Slavery. |
| V. | Whether he who is Sought to be Returned to Slavery, can be Deprived of any of his Property. |
| VI. | Whether he who has been Declared to be Free by his Master, in Court, can be again Reduced to Slavery, on the Demand of said Master. |
| VII. | Where anyone, Influenced by Fear, Asserts that he is a Slave. |
| VIII. | Where a Freeman is Claimed as a Slave; or Where a Slave Declares Himself to be Free. |
| IX. | For what Reasons Freedom, once Given, shall be Revoked. |
| X. | Where a Freedman Inflicts Injury upon him who Gave him his Freedom. |
| XI. | A Freedman shall not be Permitted to give Testimony against his Former Master, or against the Children of the Latter. |
| XII. | Freedmen shall not be Permitted to Testify in Court. |
| XIII. | Concerning the Disposition of the Property of a Person who has been set Free, should he Die without Leaving Legitimate Children. |
| XIV. | Concerning the Conditions Imposed by a Master, where Slaves are Liberated by an Instrument in Writing. |
| XV. | Concerning the Liberation of Slaves belonging to the Crown. |
| XVI. | Concerning the Property of Slaves belonging to the Crown, who have been Liberated. |
| XVII. | Neither Freedmen, nor their Descendants, shall either Marry, or act Insolently towards, the Family of their Patron. |
| XVIII. | Freedmen who have Entered any Religious Order, shall not be Returned to the Service of their Masters. |
| XIX. | In what manner Royal Freedmen and their Descendants shall Defend the King, while Serving in the Army; and with whom Those in the Public Service shall March. |
| XX. | Concerning Freedmen who are Guilty of Transgressions. |
ANCIENT LAW.
I. Where Slaves are Liberated, either by Instruments in Writing, or in the Presence of Witnesses.
If anyone at the point of death, should liberate his slaves either by an instrument in writing, or in the presence of witnesses; his will shall be valid, provided it be proved within six months by from three to five credible witnesses. And if said testator should give anything to said freedmen, and the fact should be proved by either written or oral evidence, said freedmen shall be entitled to said property.
II. Where a Slave Belonging to One, or to Several Persons, is set at Liberty.
If anyone should liberate the slave of another, or one belonging to several persons, with intent to defraud the master or masters, of said slave, his act shall be void in law; and whoever sets free the slave of another, shall be compelled to give one to his master in his place. But if the master should consent to his emancipation, he shall be entitled to two slaves in his stead; and the liberated slave shall enjoy complete freedom; and this law, we decree, shall apply also to female slaves. If anyone wishes to grant unconditional freedom to any slave whom he owns in common with another, and such an act should take place in the presence of a priest or deacon, said ecclesiastic must prevent it; because the liberation of any slave made under such circumstances is illegal. Where a party desires to confer freedom upon a slave, he must first make terms with the other owners, and obtain the absolute proprietorship of said slave, by means of money, or by gift of their interest in him; and then, if he should wish to set him free in the presence of a priest or a deacon, the act of manumission shall be valid. But if anyone should confer absolute freedom upon a slave owned in common, in the presence of a priest or deacon, without the consent of the other owner, or owners, he shall lose his share of said slave, and his associates shall be entitled to the same. If, however, he should wish to dispose of his share of said slave he shall have the right to do so.
ANCIENT LAW.
III. Concerning Those who Declare that they are Free.
If a slave should declare that he is free, the judge shall give him protection, and afford him time to produce evidence, either written or oral, establishing the fact of his freedom. But only such time shall be granted that the service he owes to his master will not be lost, or his own rights suffer injury.
ANCIENT LAW.
IV. Whether he who is enjoying Liberty can be Returned to Slavery.
Where any person in the enjoyment of liberty is claimed by another as a slave, he shall not be immediately delivered into the possession of the claimant, and the judge must determine previously whether said claimant shall give security not to treat said person with injustice or cruelty.
V. Whether he who is Sought to be Returned to Slavery, can be Deprived of any of his Property.
If anyone should deprive a freeman or one who has been set free, of any property, and, afterwards, should wish to claim him as a slave, he must restore what he deprived him of, before prosecuting his claim.
FLAVIUS CHINTASVINTUS, KING.
VI. Whether he who has been Declared to be Free by his Master, in Court, can be again Reduced to Slavery on the Demand of said Master.
If anyone, in court should declare by his testimony that a person was free, and, afterwards, should wish to claim him as a slave, he shall give the person whom he attempted to oppress another slave, by way of reparation, and he whom he endeavored to injure shall remain free.
ANCIENT LAW.
VII. Where Anyone, Influenced by Fear, Asserts that he is a Slave.
Anyone who, influenced by fear, declares himself to be a slave, shall not be restrained of his liberty, but shall be brought into court, and should he prove that he is free, shall be dismissed by the judge; but if it should be shown that he is a slave, he shall straightway be returned to his master.
ANCIENT LAW.
VIII. Where a Freeman is Claimed as a Slave; or where a Slave Declares Himself to be Free.
If anyone wishes to claim a freeman as his slave, he must show what right he has to his possession and service; and if the slave should assert that he himself is free, he must, in like manner, establish the existence of his freedom. The judge must take the testimony of persons of highly respectable character, and there must be more than one witness on each side. But if the judge, having been corrupted by a bribe, should unjustly oppress an innocent person, he, as well as the claimant, shall immediately be compelled to pay the penalty prescribed by law in the case of those who render unjust decrees.
ANCIENT LAW.
IX. For what Reasons Freedom, once Given, shall be Revoked.
If anyone should liberate a male or female slave, and it should be proved that this has been done in the presence of two or three witnesses; that is to say, if he should deliver the instrument granting freedom to said slave publicly, in the presence of legitimate witnesses, and should specify in said instrument that the slave himself should be free from the time said instrument was executed, without conditions, and with no reservations, whatever, in favor of himself; he shall have no power to revoke said act of manumission, unless the liberated slave should be insolent to him, or do him some injury, or accuse him of some crime; and for the commission of such offences, his freedom may be revoked. But if the master shall say he liberated the slave under certain conditions, or with some reservation of his authority over him, and these facts do not fully appear from the terms of the written instrument, the witnesses who were present shall testify concerning the terms of the instrument aforesaid, and, afterwards, judgment shall be rendered according to what the terms of said instrument are found to be.
ANCIENT LAW.
X. Where a Freedman Inflicts Injury upon him who Gave him his Freedom.
If a freedman should wrong his former master in any way; or should strike him with his fist, or with any weapon; or should pursue him with false accusations, whereby he may be in danger of his life; the said master shall have power to reduce said freedman to slavery, provided he proves the commission of said offences in court.
ANCIENT LAW.
XI. A Freedman shall not be Permitted to give Testimony against his Former Master, or against the Children of the Latter.
It shall be unlawful for a child, or other heir, to revoke the manumission of a slave liberated by his father; for the act of a parent must always be religiously respected by his children; nor shall a freedman, or any of his descendants, be permitted to testify against the children of him to whom they are indebted for their freedom; and if they should offer any testimony of this kind, they shall not be heard by the court, but shall be reduced to their former servitude. But in other matters they shall have a right to assert their claims against the children or grandchildren of their patron, so far as is consistent with the principles of justice.
FLAVIUS RECESVINTUS, KING.
XII. Freedmen shall not be Permitted to Testify in Court.
Neither freedmen nor freedwomen shall be permitted to testify in any cause, except where the testimony of freeborn persons is not available, as is allowed in the case of slaves; because we deem it improper that by the evidence of freedmen injury should be done to those who are freeborn. Persons, however, who are descended from freedmen, shall be fully competent to testify.
ANCIENT LAW.
XIII. Concerning the Disposition of the Property of a Person who has been set Free, should he Die without Leaving Legitimate Children.
Where a liberated slave dies without leaving any legitimate children, and his patron should have given him anything after he had been set free; or even if he should have forsaken his service, and attached himself to another; all his property shall revert to his former master, or to the heirs of the latter. And if said freedman should remain on the estates of his patron, and should acquire any property by the fruits of his labor, half of said property shall belong to the patron, and the freedman shall have a right to dispose of the other half at his pleasure. If he should place himself under the protection of another patron, and, while in his service, he should acquire any property, the master who liberated him shall be entitled to half of it, and the other half shall descend to the nearest relatives of the freedman, whether they be slaves or free; or he shall have the right to bestow said half of said property upon anyone he may select; but whatever he received from his former master shall belong to the latter.
The same rule shall apply in the case of female slaves who have been liberated, and we add the following provision, as being conformable to justice, to wit: that no freedman or freedwoman who has received his or her liberty from either master or mistress, shall abandon the latter while they are living. And should they venture to do so, they shall lose the property which they have received, and shall be forcibly returned to the service of their master or mistress.
FLAVIUS CHINTASVINTUS, KING.
XIV. Concerning the Conditions Imposed by a Master, where Slaves are Liberated by an Instrument in Writing.
When anyone confers liberty upon a slave by an instrument in writing, and specifies therein that it shall not be lawful for him to dispose of his own property; and afterwards the person who has been set free sells it, or gives it away, his act shall be absolutely void; and his patron, or the children of the latter, shall be entitled to all of said property. But if no such condition was made, the freedman shall have a right to do what he pleases with his own possessions; and should he die intestate, and leaving no legitimate children, even though his master has inserted no other condition in the instrument conferring liberty upon him, his patron or the children of the latter, shall be entitled to his entire estate.
FLAVIUS CHINTASVINTUS, KING.
XV. Concerning the Liberation of Slaves belonging to the Crown.
If no ambiguity should arise in the determination of legal questions, we should not be under the necessity of making laws for future generations. For the reason that, under the pretence of liberty fraudulently asserted by slaves, the public service is often injuriously affected, and without any prejudice to the well-deserving, but as a warning to those who act rashly, we hereby decree, that, should freedom be granted hereafter to a slave of the Crown, the act shall be invalid, unless confirmed by the royal signature.
ANCIENT LAW.
XVI. Concerning the Property of Slaves belonging to the Crown, who have been Liberated.
We do not permit freedom to be given to slaves of our court without our consent, and if this should be done, the act shall be void, and only that freedom shall be legal which is bestowed under our direction. And, in like manner, it shall be unlawful for the slaves of our court to sell their own slaves or lands to freemen; for they shall have the right to make such sales only to other royal slaves; and if they should wish to give their lands or slaves to the Church or to the poor, such gift or disposition by will, shall be void. We, however, grant the following concession to them for the sake of piety: that they shall have a right to bestow a certain portion of their property upon the Church, or the poor, for the benefit of their souls; and if they have no possessions excepting lands and slaves, we grant them authority to dispose of said lands and slaves, but only to others of our slaves, as has been hereinbefore mentioned, and no freeman shall be permitted to purchase said property; but they shall have the right to give the proceeds of said sales of lands and slaves to the Church, or the poor, for the benefit of their own souls, as hereinbefore stated.
THE GLORIOUS RECESVINTUS, KING.
XVII. Neither Freedmen, nor their Descendants, shall either Marry into, or act Insolently towards, the Family of their Patron.
We occasionally see excessive arrogance displayed by slaves, and are compelled, at the same time, to pity the degradation of their masters. For some slaves, after they have obtained freedom, or the descendants of such slaves, aspire to marry into the family of their masters; or do some wrong to the children or grandchildren of the latter. And as an inferior rank is ennobled by the gift of freedom, so, in like manner, an illustrious race is disgraced by marriage with an inferior caste. Thus a distinguished family is degraded by such a connection, through the acts of those very persons who, by its means, have enjoyed the blessings of liberty. Therefore, that the splendor of natural lineage may not be deprived of its dignity; and the slave, remembering his former condition, may not aspire to privileges to which he is not entitled, and which cannot be granted him: it is hereby decreed that if any freedman, or the descendants of said freedman, belonging to the class of manumitted slaves, or anyone connected with them by affinity or blood, however distantly related, should attempt to contract marriage with any of the family of his former master, or with any of his descendants; or should bring any action at law against them, except for just and legal cause, either on his own behalf, or on behalf of others; or should inflict any injury upon them; or should cause them any vexation or annoyance; or should oppose them as members of an opposite political faction; he shall be at once delivered up as a slave to those against whom he committed these offences. And, indeed, it is impious that when a condition of slavery has been abolished, the dignity of freedom should be degraded; and that, while the slave is exalted, the master is abased, and the children of the latter suffer injury, because the slave has power to inflict it.
FLAVIUS RECESVINTUS, KING.
XVIII. Freedmen who have Entered any Religious Order, shall not be Returned to the Service of their Masters.
Any freedman who has been honored by presentation to the Church by his master, or whom the condition of his emancipation, or his membership in a religious order, has devoted to the service of the Church, can under no circumstances whatever, be returned to the control of his former master, or of his heirs. For whatever is known to belong to God can never be again subjected to the dominion of man.
THE GLORIOUS FLAVIUS EGICA, KING.
XIX. In what manner Royal Freedmen and their Descendants shall Defend the King, while Serving in the Army; and with whom Those in the Public Service shall March.
We attempt to rule the country subject to our crown by the adoption of just laws, when, for the public good, we provide defenders who may protect it against enemies. And while there is no lack of defenders of the throne, it is not improper that the numbers of the same should, for the purpose of repelling foreign foes, be increased by the addition of such slaves as have received their freedom through the royal favor. Wherefore, because it is necessary that such persons should afford their assistance to those to whom they are indebted for their liberty, we especially decree by this law, that all such freedmen and their descendants shall, in time of war, be included among the guards of the king; and the latter shall assign them their places in the ranks, and prescribe the duties they shall perform. And if any freedman should, in time of war, remain at home; and should not, in obedience to the royal order, join the army with the rest; he shall be delivered up as a slave to the person from whom he received his liberty. Those only shall be exempt from this penalty, who, by order of the king, or the governor, have been charged with the performance of some other duty; or who were prevented from joining the army by sickness, or by some other unavoidable necessity.
FLAVIUS EGICA, KING.
XX. Concerning Freedmen who are Guilty of Transgressions.
We have often heard of freedmen who, after the restraints of servitude have been removed, desert those who set them free, and assert that they are the equals of their masters, or of their descendants. Wherefore, we now, with all due deliberation, publish the following decree, to wit: that if any person, of either sex, who has been set free, or any of their children, should be guilty of any subtlety or deceit, or fraudulent conduct towards their former masters, or towards their children, grandchildren, or any descendants of the latter, or should show them any disrespect, at any time, they shall be immediately returned to slavery. And the children of persons guilty as aforesaid, shall be delivered up to perpetual servitude, according to the provisions of a former law.