The property of another cannot be sold contrary to the will of him
who is entitled to legal ownership of the same. Therefore, for the
reason that an ancient law declared all sales by slaves invalid, which
were made at the expense of their masters, we have determined to
promulgate a more equitable decree, in order to bring the laws of the
country within the bounds of justice; for it is better to amend the
acts of those who have fallen into error, than to err in like manner.
Wherefore, if any one, hereafter, should knowingly receive from any
slave of either sex, who belongs to another person, a house, or land,
or a vineyard, or any personal property, upon any terms whatsoever,
the sale, gift, or pledge, made by such a person shall be invalid,
and the delivery of the property shall not be required. Where the
sale is attended with expense to the purchaser, the property shall be
returned intact to the master of the slave, and the purchaser shall
lose the price he paid for it; for it is but just that he should
sustain loss who attempted to appropriate the property of another for
his own advantage. But if the aforesaid slave should sell any animals,
or any personal property, or any ornaments of any kind, which belong
to himself, or which he had received from his master to be disposed
of, such transaction shall be forever valid; and if the master of any
servant who has made such a sale should wish to rescind the sale, and
should declare that the property which was sold did not belong to
the slave, but was his own, the sale shall not be rescinded, unless
he who proposes to do so shall establish, either by the testimony of
legitimate witnesses, or by his own oath, that the property which he
seeks to recover did not belong to the slave, but to himself, and
has been disposed of without his permission. This law shall apply
only to chattels of trifling value, for the authority of the master
is necessary in order to confirm a contract relating to the sale of
property of great value and importance.
=ANCIENT LAW.=
=XIV. Where a Slave, who has been Sold, Accuses his Former Master of
Crime.=
If anyone should sell a slave, and the latter should accuse his former
master of crime, he who sold him may recover said slave from the
purchaser by returning the price for which he was sold, in order that
he may avenge upon him the crime of which he himself was accused. And
we decree that the same law shall be observed concerning female slaves.
No servant of either sex, whether sold, given, or exchanged, shall be
tortured to obtain evidence against his or her former master, nor shall
he or she be believed if they should accuse their former master of
crime.
=XV. A Master may Claim the Property of a Slave whom he has Sold.=
If any one should sell a slave, and not know what property he
possessed, he shall have power to make full inquiry, and to claim as
his own, whatever property belonging to said slave that he can find.
Public-domain text, read in full here on John Shaqi.
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