The Visigothic code

by Unknown

Where one slave knowingly assists another in his flight, he shall receive a hundred lashes, whether the fugitive is found, or not; and the master of the delinquent shall be in no way responsible for his act.

VIII. Concerning the Reception of Fugitive Slaves; and Whether a Master or a Slave may Receive a Fugitive Slave Belonging to Another.

If a fugitive slave should take refuge at the house of any person, and, being unknown to said person, should receive assistance from him, and then straightway continue his journey, no liability of any kind shall attach to him who entertained, as it were, a passing traveller, after said person has sworn that he whom he assisted was unknown to him. But where a fugitive remains, for two or three days, in the house of said person, the latter must cause him to be produced, as was provided by a former law, before the eighth day, before the authorities of the district; that is to say, before the judge, deputy, or governor, along with a competent witness. A thorough investigation shall then be made by the judge, or other magistrate, to ascertain whether said fugitive is a slave; and, should he be such, when he escaped from his master, as well as when and where he took refuge with the party who produced him. Said examination shall be committed to writing and signed by the judge, or other official, who conducted the investigation.

If the fugitive should declare that he is a slave, he shall be delivered up to the party who produced him, and the latter, within eight days, must return him to his master. Where the latter lives at a distance from the place the slave was taken, the number of days during which the fugitive remained under the control of him who received him, shall be computed, and twenty miles shall be set down for each day; and when said person shall restore the fugitive to his master, either in his own person, or by an agent, he shall be entitled to receive the compensation allowed by law in such cases; that is to say, one tremisa for every thirty miles traversed by said fugitive slave. If, however, on account of the great distance, it should be a hardship for the party who received the slave to restore him to his master, he must deliver him, in the presence of witnesses, either to the steward in control of any property of the master in the neighborhood, or to a magistrate of the district; and, having received from him the compensation hereinbefore specified, he shall be free from all liability whatever. If, however, the fugitive, when brought before the judge, and interrogated by him, should refuse to disclose whose slave he is, he who produced him must leave him in the custody of the judge. The judge shall keep said fugitive in strict confinement, and shall bring him before the king, in council, within the time, and according to the manner, hereinbefore prescribed, in order that further inquiry may be had, in a place where general publicity may secure the identification of the fugitive. The preceding law having thus been established, whoever, hereafter, does not obey the same, and produce a fugitive before the judge, whether he is known to be a slave, or not, and where he is a slave, does not restore him to his master, shall be compelled to restore him, and give another slave, by way of satisfaction. If the fugitive should die, the master shall be entitled to receive two slaves, of equal value, from him who sheltered him. The judge shall also be liable to a similar penalty, should he neglect to execute the law as hereinbefore provided. If a slave, without the consent of his master, should shelter another who is a fugitive, he shall receive a hundred lashes in the presence of the judge; and the fugitive shall be returned to his master, upon the demand of the latter. If, however, the fugitive, who was sheltered by a slave, should not be found, the master of him who sheltered the fugitive shall be compelled to give in his stead another slave, of the same value, to the owner of the same. If the master should be unwilling to render satisfaction for the act of his slave, he must deliver up the offender by way of amends.

IX. Where a Fugitive Slave Comes to the House of any Person, Notice of the Fact must be Given to the Neighbors and Authorities of the District.

Where a fugitive slave takes refuge in the house of any person, the latter must give notice to the authorities of the district; and should he desire to keep said fugitive in custody, in his house, it shall be lawful for him to do so. When the master of said slave comes after him, he shall be restored to him, and he who sheltered said slave shall incur no liability. But if, in the meantime, the said fugitive slave should betake himself elsewhere, he who gave notice to the authorities shall make oath, in their presence, that he did not persuade said fugitive to escape, or assist him in his flight, and that he is ignorant of his present whereabouts; and, after having done this, he shall be in no way responsible.

X. Where a Slave that has been sold into a Foreign Country, Returns as a Fugitive, and is Sold a Second Time, he shall be Entitled to his Freedom.

Where a master sells his slave, and he is taken into a foreign country, and afterwards returns, and his master sells him a second time, the master shall be forced by the judge to redeem said slave from the purchaser; and the latter shall then be liberated, and subjected to no further annoyance. He who, actuated by avarice, thus placed a slave, returning from a foreign country, in bondage a second time, shall be compelled to give to the purchaser another slave of the same value, in addition to the price which was paid. The former master of the returned slave shall not sell him, or have any right to his services; but said slave shall be forever entitled to the full enjoyment of his freedom.

ANCIENT LAW.

XI. Where a Fugitive Slave Takes Refuge with Another Person, an Investigation must be Made, to Ascertain whether he was not Sent by his Master, in Order that the Latter might Receive Compensation from the Person who Received said Slave.