The Visigothic code - Unknown

The foregoing laws having been framed by us with care and diligence, and having attempted in them to adapt the punishment to the guilt of the offender, as, for instance, where we have sentenced certain of them to lose their property, and be driven into exile, we now hereby reserve the following privileges of mercy for ourselves, and our successors, to wit: that if any Jew, after having been ensnared by the devil, should come to his senses, and profess belief in the Holy Trinity; and the priests or judges of the diocese or district in which he lives, should establish the fact by their testimony; and the works of said Jew should correspond with his professions; in such cases the prerogative of mercy may be exercised by ourselves, and our successors; that is to say, after the confession and oath of said Jew has been made, and the evidence has been submitted to the king, the latter shall have authority to return his property to said Jew, and to recall him from exile. If, however, any such Jew, after having professed himself to be a Christian, should return to the vomit of his error, he shall be condemned to punishment, without any hope of pardon; and said punishment shall be proportionate to the proof of his hypocrisy, and the degree of his guilt, and whether he undergoes a capital penalty, or one of less severity, no mercy shall, under any circumstances, be shown him.

XXVIII. Bishops shall Give to all Jews a Copy of this Book, which has been Published for the Purpose of Correcting their Errors; and their Confessions and a Record of their Conversion, shall be Deposited among the Archives of the Church.

The perversity of a deceitful mind is accustomed to make use of the pretence of ignorance, when it asserts that it has no knowledge of the law, and declares that it is exempt from punishment because it is ignorant of the New Testament. Now, for the purpose of removing this false and malicious excuse, we hereby order all bishops and priests to explain to the Jews within their jurisdiction, the decrees which we have heretofore promulgated concerning their perfidy; and also, to give them a copy of this book, which is ordinarily read to them publicly, in the congregations of the Church, and which they must always carry with them as evidence of their instruction. And if, after this book shall have been read to them publicly as aforesaid, or given into their hands, any of them should claim that he was not present when it was read, or should assert that he is ignorant of the laws contained therein, no excuse of his shall be thereafter received; but if, ever subsequently, he should be detected in the breach of any of said laws, under no circumstances shall he escape punishment for the same. And we add to this law, as being a necessary part of it that all written confessions and agreements which any Jew, at any time, has delivered to his priest, shall be carefully preserved by the latter, among the archives of his church, in order that it may be evidence against any Jew who may thereafter venture to resume the practice of his impious rites.

INDEX.

Abortion, by drugs, [206];
on a freeborn woman, [206];
on a slave, [207];
penalty for, [208];
on a beast of burden, [286].
Accessories, to rape, punishment of, [93];
to homicide, [223];
to theft, [240].
Accusation of crime, penalty for false, [200].
Adulterer, if killed, not criminal homicide, [96].
Adultery, of freeborn woman with slave, [83];
committed with connivance of husband, [95];
of a betrothed, [95];
of a wife, [96];
where a girl guilty of, is killed, [96];
parties guilty of, cannot be legally killed by slaves, [97];
when a freeborn woman commits, [97];
property of persons who have committed, how disposed of, [99];
who may bring accusation of, [100];
proof of, [101];
sons may prosecute, [100];
where one is convicted of, with virgin or widow, [101];
with female slave, [102].
Advocate, must have written authority from client, [48].
Animals, hired to another, [171];
loaned, [172];
when secretly killed, [246];
where loosed in crops, [279];
when loaned, and abused, [285];
where injure another, owner liable, [286];
where used for the threshing of grain, [287];
where a vicious, kills anyone, [289];
where one retains a vicious, [290];
cannot be excluded from open pastures, [295].
Answer, a defendant cannot refuse to, because plaintiff had not presented claim, [38].
Arrest, governor of city must aid judge in, [250].
Arson, in and out of city, [271–272];
of forests, [272].
Assault and battery, [215];
by a slave, [217];
where bloodshed results, [264].
Attorney, must conduct case rapidly, [50];
who may be appointed, by powerful persons, and the poor, [52];
employment of, by the royal treasury, [52].

Bailiffs, compensation of, [32];
entitled to horse for journey, [33].
Bailments, [171–172–173–174].
Bees, where cause damage, [303];
where a person finds, [303];
theft of, [303].
Bells, when stolen from cattle, [241].
Betrothal, girl cannot marry another, [76].
Bishops, power of, to restrain judges, [35];
cannot conduct cases in court, [47];
right to one third of revenues for repairs, [146];
arbitrary conduct of, [147];
abuses of, which guilty, [148];
punishment of, [155];
must give subordinates information, [149].
Bond, exacted by judge after unjust decree, void, [34].
Boundaries, disputes concerning, [348];
where change made in time of Romans, [350].
Brothers, have right to dispose of sisters in marriage, when, [76].

Castration, when performed on animal, [285].
Cause of action, when arising in another district, [42].
Causes, not authorized by law, not to be heard, [22];
where determined, cannot be revived, [23];
cannot be heard by anyone not invested with judicial authority, [23].
Cattle, where shut up when have not done injury, [287].
Child, shall remain under control of father, [123];
shall receive inheritance at twenty years of age, [124];
how it may inherit, [127];
must be baptized before ten days old, [128];
posthumous, [127];
who acquires property during life of parents, [142].
Christian, a, shall not protect a Jew, [374];
judaizing, [376].
Christian slaves, sold or liberated by Jews, [369];
shall not attach themselves to Jews, [371];
shall not serve Jews, [392].
Church, donations to, [143];
preservation of property of, [144];
sales of property of, [144];
property in charge of those devoted to the service of, [145];
repairs of, [145].
Clothing, injuries to, [291].
Compromise, cannot be made without consent of court, [40].
Conflagration, when result of campfire, [273].
Consanguinity, degrees of, [117–118–119].
Constituent, responsible for attorney, must pay his fees, [51].
Contracts, how drawn up to be valid, [65];
penalties for repudiating, [65];
invalid if made by slaves, [65];
if dishonorable, void, [66];
party not liable when fraudulent, [66];
void where made under duress, [66].
Corpse, when removed from a grave, penalty for, [356].
Counterfeiting, slaves may be tortured to convict masters of, [261];
of solidi, [261].
Court must not be disturbed by tumult, [38];
contempt of, [250].
Criminal, when released by a judge, [252].