XVIII. Where a Slave, on Account of a Crime He has Committed, is Transferred to the Possession of Another.
We must not omit to provide, by legal enactment, for the settlement of questions frequently involved in dispute. For this reason, if a slave who has been guilty of crime should be transferred, either by gift, sale, or exchange, to another master, his former master shall either cause him to be delivered up to justice to be punished for said crime, or shall render full satisfaction to the party who has been injured. In case he who bought said slave is unwilling to answer for him, or to render satisfaction for his crime, he must return him to his former master, on receipt of the price which he paid; and his former master must answer to the person making the complaint, for the offence committed by his slave while under his control.
FLAVIUS CHINTASVINTUS, KING.
XIX. Concerning Property Belonging to Private Persons, and to the Court, which may not be Alienated.
If the care of private property must not be neglected, how much more important is it to guard the interests of the public, whose possessions should always be preserved, or increased. For this reason, persons attached to the court, or private persons who are under obligations to furnish horses to the king, or who exercise any duties in connection with the royal treasury, shall have no right to sell, give, or exchange, any property in their possession. But if it should happen that any of them, either willingly, or impelled by necessity, should transfer all of his property, either by sale, donation, or exchange; both he who disposed of, and he who received it, shall have an inventory of the same drawn up, in which all of said property shall be specifically described; but he who has received only half of the said property, or a certain portion of the same, in slaves, lands, vineyards, and houses, shall be accountable for only the price of the portion which has been thus disposed of. And if any one purchasing property of any kind from such persons, should not, as aforesaid, within a year, render an account of the transaction in writing, showing the source from which said property was derived; as soon as information of this shall come to the king, or the governor, or the judge, the former possessor shall lose the price he received, as well as the property which was disposed of; but the king shall have the power to either restore said property to him who transferred it, or to bestow it upon any one else, should he desire to do so. It shall, however, be lawful for persons attached to the court, as well as for private persons, to sell, give, or exchange, property among themselves, provided he who receives said property shall not refuse to account for it publicly; but no plebeian shall have the right to sell his land. And if any one, after the adoption of this law, should purchase vineyards, lands, houses, or slaves from men employed in the public service, he shall inevitably lose the price paid for said property.
ANCIENT LAW
XX. Where Anyone Sells, or Gives Away Property, whose Possession should first have been Transferred by Judicial Decree.
If anyone should sell or give to any person any property which is in litigation, before the claim of his adversary to said property shall have been judicially determined, or should permit any one to make use of said property, so that the possessor may be deprived of its control, without an order of court, he in whose possession the property formerly was shall have it at once restored to him by the judge, and the adverse party shall not be permitted to claim it again, even if his title to the same is found to be good. And he who gave such property, or permitted it to be made use of, as aforesaid, for the reason that he can allege no just excuse for such conduct, shall be forced to give something of equal value to said property, or to the price paid for it, to his adversary; because he appropriated something before his title to it was legally established.
XXI. Of Slaves Captured and Sold by the Enemy.
If any slaves, residents of our kingdom, should be taken by an enemy, and said slaves should be recovered by our subjects, every one who recaptures a slave shall have one-third of what is estimated to be his just value, and shall restore him to his master; but if said slave was sold by the enemy to him, he shall make oath as to the price which he paid for him, and shall receive from the master said amount, together with a sum equal to any increased value which may have accrued since the capture of said slave, and the latter shall be at once restored to his master.