Where a fugitive slave comes among persons to whom he is unknown, and asserting that he is freeborn, afterwards marries a freeborn woman, and said woman, or her parents, or relatives, should be convinced of the fact that he is a slave, and the judge should have investigated the matter, in behalf of the woman, and the master of said slave should add his testimony; no reproach shall attach to said woman, nor shall she be liable for any damages, but she shall continue to be free, and any children she may have had by said slave, shall follow the condition of their mother. She shall not be separated from said slave should she desire to remain with him, provided his master gives his consent.
FLAVIUS CHINTASVINTUS, KING.
XVI. Where a Fugitive Slave, Declaring that he is Freeborn, Marries a Freeborn Woman.
For the reason that fugitive slaves falsely declaring themselves to be freemen, frequently contract marriages with freeborn women, we now decree by the following law, that where a slave, having escaped from his master, by any means whatever, takes refuge with anyone, whether he declares that he is free or not, and, under such circumstances, marries a freeborn woman, the issue of said fraudulent union shall invariably follow the condition of the father; and when the master of the slave appears, he shall have a right to claim as his own, not only said fugitive, but also his children, and such property as they may be possessed of. A similar rule shall apply to female slaves who, escaping from their masters, presume to contract marriages with freeborn men.[45]
FLAVIUS CHINTASVINTUS, KING.
XVII. Concerning Property Acquired by Fugitive Slaves.
If a fugitive slave should acquire any property through his labor and skill, when his master appears, the latter shall have the right to the whole of it. But where his master finds him in possession of property stolen from another, he can advance no claim to it, but must restore said property to him who lost it. If, however, said fugitive slave should have caused any damage, or committed any crime, he who concealed him must render satisfaction for the same.
FLAVIUS CHINTASVINTUS, KING.
XVIII. Concerning Those who Refuse to Restore Fugitive Slaves to their Masters.
For the reason that many persons are prone to controversy, and frequently pervert the meaning of the laws; and because it was declared by an ancient law that whenever a master comes upon his slave he may take him; and for the reason that said persons frequently refuse to surrender a fugitive slave, and, under such circumstances, cause delay, that they may have the benefit of the services of said slave for a time; and also, as said delay is entirely useless, and it is unjust that a master, for the sake of a vile slave, should be compelled to remain, for an indefinite period, two or three hundred miles from home; and because such proceedings are rather the result of artifice than of truth; we hereby decree that henceforth, whenever anyone refuses to surrender a fugitive slave to his master, or to the agent of the latter, or rescues him after he has been arrested, he shall be compelled to restore said fugitive to his master, along with four other slaves of equal value; or, if said fugitive should die, he shall be compelled to give his master five slaves of equal value; and if the fugitive should afterwards be found by said person, or by his former master, he shall belong to the latter, and one of those who was given in his stead shall be returned to the donor of the same. And if a slave, without the knowledge of his master, should commit any of the offences hereinbefore described, and his master is willing, he must give two slaves, of equal value, by way of compensation, to the owner of the fugitive; but should he be unwilling to do so, the slave shall be delivered to the owner of the fugitive to be his property forever. The same rule shall apply in the case of female slaves.