No slave, of either sex, shall be tortured in order to obtain evidence of crime against either his or her master or mistress, unless for adultery; or for some offence against the Crown, or against their country; or for counterfeiting, homicide, or witchcraft. And if slaves tortured for such reasons should be proved to be cognizant of the crimes of their masters, and to have concealed them, they shall be punished along with their masters in such way as the king may direct. But if they should voluntarily confess the truth before being put to the question, it will be sufficient if they undergo the torture in order to confirm their testimony, and they shall not suffer the penalty of death. But any slave of either sex, who, after being put to the torture for a capital crime, should also implicate his or her master, and the commission of said crime can be proved by competent evidence, they shall be subject to the same punishment as their master.
FLAVIUS CHINTASVINTUS, KING.
IV. For what Offences, and in what manner, a Slave, or a Freedman, shall be Tortured.
Where a slave is accused of any crime, the accuser must, before the torture is inflicted, bind himself to give to the master in his stead, another slave of equal value, if the innocence of the slave should be established. But if the accused slave should be found innocent, and should die, or be disabled from the effects of the torture, the accuser must at once give to the master two other slaves, each equal in value to the one killed or disabled. The one who was injured shall be free, and remain under the protection of his master; and the judge who neglected to use moderation in the infliction of torture, and thus violated the law, shall give to the master another slave equal in value to the one who perished by torture.
In order that all doubt may be removed concerning the value of slaves in dispute, no statement of artificial or fraudulent value of the same shall be accepted; but information of their age and usefulness shall be obtained by personal examination of the slaves themselves; and if he who was disabled was skilled in any trade, and he who injured him when he was innocent possesses no slave proficient in the same trade, he shall be forced to give to the master a slave skilled in some other trade; but if he should not have such a skilled artisan, and he whose slave was injured by the torture should not be willing to accept another in his stead, then the accuser shall pay to the master the value of the slave that was injured, according to a reasonable estimate made by the judge, or by men of respectability and established character. It must, however, be observed, that no one shall presume to subject any freeborn person or slave to torture, unless he shall make oath in the presence of a judge, or his representative, the master of the slave or his agent being also present, that through no artifice, fraud, or malice, he is inflicting torture upon an innocent person. And if, after having been put to the question he should die, and his accuser should not have the means to make the reparation required by law, he himself shall be reduced to slavery, for the reason that he was the cause of the death of an innocent man. And if anyone, through treachery, should attempt to subject the slave of another to torture, and the master of said slave should prove that he was innocent of crime, the accuser shall be compelled to give to the master of the accused slave another of equal value, and to reimburse said master for any reasonable expense that he has incurred in defence of his slave, until, in the opinion of the judge, full satisfaction has been rendered by the unjust accuser to the master of the innocent slave.
In case a slave is found guilty of a minor offence, the master, if he chooses to do so, shall have a right to compound the same; but every thief shall be scourged according to the degree of his guilt. Where a master is not willing to give satisfaction for graver offences, he must immediately surrender the slave to justice. Any freeborn person who desires to subject a respectable freedman to the torture, in the case of a capital crime, or of offences of less gravity, shall not be permitted to do so, unless the value of the property involved in the accusation amounts to at least two hundred and fifty solidi. But if said freeborn person should be of inferior rank, and a boar, he may be tortured, if the value of the property amounts to a hundred solidi.
Where he who is put to the question should, through want of proper care, be disabled, then the judge who did not exercise moderation in the infliction of torture, shall pay two hundred solidi to him who suffered by his negligence; and he who caused him to be tortured unjustly, shall be compelled to pay him three hundred solidi; and if he should die while undergoing torture, the judge, as well as the accuser, shall each pay to the nearest relatives of the deceased the sums of money aforesaid. And, in like manner, in the case of freedmen of still lower rank, should anyone of them undergo mutilation or death, through want of caution on the part of those employing the torture, half of the sum hereinbefore mentioned as applying to respectable freedmen shall be paid to him who was tortured, should he be still living, or, if he is dead, to his heirs.[33]
THE GLORIOUS FLAVIUS CHINTASVINTUS, KING.
V. In what way an Accusation shall be Brought to the Notice of the King.
If any person should bring a false accusation against another before the king, and should allege that he has plotted against the throne, the people, or his country, or that he was committing, or had committed some act to their prejudice; or had been guilty of some fraudulent act against the authority of the Crown, or of those exercising judicial functions; or had executed, or published any forged document; or had coined any spurious money; or had been guilty of giving poison, or of practising witchcraft; or of committing adultery with the wife of another; he who brings accusation of these and similar crimes, the punishment of which involves the loss of life and property, where he can establish the truth of his charges, shall, in no way, be subject to censure. But if his assertions should prove to be false, and it should be evident that he had only made them through hatred, and in order that he whom he attempted to accuse might suffer death, or bodily injury, or the loss of his property; he shall be delivered over into the power of him he accused, that he may himself suffer the penalty which he endeavored to inflict upon an innocent person.