FLAVIUS CHINTASVINTUS, KING.
VI. Concerning Those who Abandon the King, or the People, or their Country, or who Conduct Themselves with Arrogance.
The extent to which the country of the Goths has been afflicted by domestic strife, and by the injuries caused by deserters and their abominable pride, is not generally known; yet it is evident in the diminution of the population; and these disturbances are the source of more trouble to the country than enterprises against the enemy. Therefore, that such contemptible conduct may be abolished, and the manifest crimes of these transgressors may no longer go unpunished, we have decreed by this law, which shall prevail through all ages, that whoever, from the time of King Chintilanus of sacred memory, until the second year of our reign, has deserted, or shall desert to the enemy; or shall repair to any foreign country; or even has wished, or shall wish, at any time, to act with criminal intent against the Gothic people; or shall conspire against his country; or, perchance, has attempted at any time to conspire against it; and has been, or shall be captured or detected in the commission of any of these offences; and if, either from the first year of our reign has attempted, or, hereafter, any one within the limits of the country of the Goths shall attempt, to foment any disorder, or cause any scandal to the detriment of our government, or of the people; or, what is unworthy to be even mentioned, may have seemed to have plotted our death or injury, or shall hereafter plot against subsequent kings; or has appeared, or shall appear, to manifest, in any way, the intentions of a traitor; whoever shall be found guilty of all of these crimes, or of any one of them, shall undergo sentence of death; nor shall any leniency be shown him, under any condition, except that his life alone may be spared through the considerate pity of the prince. But this shall not be done until his eyes have been put out, so that he may not see the wrong in which he wickedly took delight, and may henceforth drag out a miserable existence in constant grief and pain. The property of such atrocious criminals shall belong absolutely to the king, and whoever he bestows it upon shall possess it in security forever; and no succeeding king, at any time, shall presume to review the cause, or shall interfere, in any way, with this sentence. But, as many are found who, having been implicated in these, and in similar wicked designs, and have fraudulently transferred their property to the Church, or to their wives, or to their sons and friends, or to other persons; or have secretly conveyed said property to foreign countries, in order that they may claim said property, and demand its possession thereafter; when, in fact, none of said property has been alienated, and the papers evidencing its transfer are fraudulent, making false representations under an appearance of truth; therefore, we have decided to abolish this most iniquitous fraud by the decree of this law; so that, wherever documents have been drawn up with a manifest intention to wrong or deceive, any property owned by a person who has been convicted of such criminal practices shall be confiscated for the use of the royal treasury; and it is hereby declared that all such property above mentioned shall be at the disposal of the king, and he shall hereafter do with it whatever his judgment dictates, but whatever other provisions relating to a fraud of this description are contained in other laws, are hereby confirmed in all their force.
All persons to whom pardon has been granted by preceding kings are expressly excepted from the penalties of this decree; and if, through motives of humanity, the king should wish to bestow anything upon a criminal, it should not be taken from the property belonging to the malefactor, but must be obtained from such other source as it may please the king; and it shall be only lawful for him to give an amount equal to the twentieth part of the inheritance of the criminal.
THE GLORIOUS FLAVIUS RECESVINTUS, KING.
VII. Of Incriminating the King, or Speaking Ill of Him.
As we have forbidden all persons to either plot treason, or to institute violence against the king, so it shall also be unlawful to either accuse him of crime, or utter maledictions against him. For the authority of the Sacred Scriptures does not permit evil to be spoken of one’s neighbor, and declares that he who curses the prince, is an offender against the people. Wherefore, whoever shall accuse the prince of crime or shall utter curses against him, and, instead of humbly and respectfully admonishing him as to his life, shall boldly insult him with pride and contumely; or, in order to degrade him, shall refer to him in ignominious, base, and injurious language; if the offender should belong to the nobility or to a family of high rank, no matter whether he is a member of the clergy or of the laity, as soon as he has been detected and convicted, he shall forfeit half of all his property, which the prince shall have the privilege of disposing of according to his pleasure. If, however, he should belong to the lower classes, or those without dignity and position, both his property and his person shall be at the absolute disposal of the king. And even should the king be dead, these same provisions shall apply to whoever dares to defame his memory.[5] For the living vainly cast the darts of slander against the dead, who, having departed this life, cannot be affected by abuse, or influenced by criticism. But, for the reason that he is evidently insane who heaps detraction upon one who cannot comprehend it; the slanderer shall receive fifty lashes, and his presumption shall be silenced. But the privilege is given freely to all, while the prince is either living or dead, to discuss all matters pertaining to any cause he may have before the legal tribunals and to use such arguments as may be proper and right, and obtain such judgment as he may be entitled to; for, by this means, we endeavor to establish reverence for human dignity, as well as to maintain faithfully the justice of God.
FLAVIUS CHINTASVINTUS, KING.
VIII. Of Annulling the Laws of Foreign Nations.
We both permit and desire that the laws of foreign nations shall be studied for the sake of the useful knowledge that may be obtained from them, but we reject and prohibit their employment in the business of the courts. For although they may be couched in eloquent language, they abound in difficulties; and so long as the methods, principles and precepts contained in this body of laws suffice for the purposes of justice, we are unwilling that anything more be borrowed, either from the Roman laws, or from the institutions of foreigners.