It is no crime to resist another, where the violence of the attacking
party is manifest. Whoever, therefore, should recklessly attempt to
strike, or should strike, another with a whip, or sword, or with any
weapon whatsoever, and the offender should then be so wounded by the
party whom he attacks that he dies, such death shall not be considered
homicide, nor shall he be liable to any reproach who struck the fatal
blow; because it is more proper for a living person to defend himself
against an angry man, than to be revenged after his own death. And
whoever, in anger, draws a sword against anyone, even though he should
not strike him, shall be forced, on account of his insolence, to give
ten _solidi_ to him whom he thus threatened.
=FLAVIUS RECESVINTUS, KING.=
=VII. Where a Slave Insults a Freeborn Person.=
No slave, however respectable he may be, shall act insolently,
arrogantly, or seditiously, towards a person of noble and illustrious
lineage; and, should one be guilty of such conduct, he shall be
sentenced by the judge to receive forty lashes with the scourge. A
slave of inferior position shall be punished with fifty lashes with the
scourge. Where a person of exalted rank first provokes the slave of
another, and is insulted in consequence, he must attribute it to his
own bad behavior; since, as he was forgetful of honor and patience, he
only received what he deserved.
=ANCIENT LAW.=
=VIII. Where One Freeborn Person Strikes Another.=
If one freeborn person should inflict a wound upon another, and
the wounded person should die at once, the attacking party shall
be punished for homicide; and if he who was wounded should not die
immediately, the aggressor must either be confined in prison, or
released on bail. Should the person who was wounded escape with his
life, he who injured him must pay him twenty _solidi_, on account
of the attack alone; and, if he should not have that sum, he shall
receive two hundred lashes in public, and, in addition to this, he
shall be compelled to pay such damages, for the wound he inflicted, as
may be assessed by the judges.
=ANCIENT LAW.=
=IX. Where the Slave of Another is Mutilated by a Freeborn Person.=
If any freeman should voluntarily mutilate the slave of another, he
shall be compelled to give at once to his master, another slave of
equal value; and he shall retain the one that was injured, to be cared
for at his expense until he is cured. And if he should afterwards
recover, the person who inflicted the wound shall pay such an amount in
damages as may seem just to the court. And should he, afterwards, be
restored to his master, safe and sound, said master shall receive him
again as his slave. The aggressor, on account of the boldness of his
act, inasmuch as he did not commit murder, but only ventured to wound
the slave of another, shall pay ten _solidi_ to his master.
=X. Where a Slave Strikes a Freeborn Person.=
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