=VII.= _He Alone shall be Considered Guilty who Committed the
Crime._
=ANCIENT LAW.=
=I. A Slave, Accused of a Crime, may be Demanded of his Master by the
Officials of the District.=
Where a slave is charged with a crime, the judge shall first notify the
master, superintendent, or agent, who has control of the accused, and
order him to produce the slave in court; and should he refuse to do so,
the governor of the city, or the judge may compel him to produce said
slave. If the master, or he who has charge of his affairs, cannot be
found, the slave shall be arrested and tried by the judge.
=THE GLORIOUS FLAVIUS CHINTASVINTUS, KING.=
=II. For what Offences, and in what Manner, Freeborn Persons shall be
put to the Torture.=
If moderation is displayed in the treatment of crimes, the wickedness
of criminals can never be restrained. Therefore, if anyone should, in
behalf of the king or the people, bring an accusation of homicide or
adultery against a person equal to him in rank, or in palatine dignity,
he who thus seeks the blood of another shall first have an opportunity
to prove what he alleges. And if he cannot prove it in the presence
of the king, or those appointed by the royal authority, an accusation
shall be drawn up in writing, and signed by three witnesses; and the
accused person may then be put to the question.
If the latter, after undergoing the torture, should prove to be
innocent, the accuser shall at once be delivered up to him as a
slave, to be disposed of at his will, except that he shall not be
deprived of life. But if he should be willing to make a compromise
with his accuser, he may accept from the latter as large a sum as may
compensate him for the sufferings he has endured. The judge shall take
the precaution to compel the accuser to specifically describe the
alleged offence, in writing; and after he has done so, and presented
it privately to the judge, the torture shall proceed; and if the
confession of him who is subjected to the torture should correspond
with the terms of the accusation, his guilt shall be considered to
be established. But if the accusation should allege one thing, and
the confession of the person tortured the opposite, the accuser must
undergo the penalty hereinbefore provided; because persons often
accuse themselves of crime while being tortured. But if the accuser,
before he has secretly given the written accusation to the judge as
aforesaid, should, either in his own proper person, or by anyone else,
inform the party of what he is accused, then it shall not be lawful
for the judge to subject the latter to torture, because the alleged
offence has become publicly known. This rule shall also apply to all
other freeborn persons. But if the accusation should not be that of
a capital crime, but merely of theft, or of some minor breach of the
law, nobles, or persons of superior rank, such as the officials of our
Public-domain text, read in full here on John Shaqi.
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