If anyone who is guilty of crime, or of giving wicked counsel to
another, cannot escape punishment, how much more liable is he who
deliberately and maliciously commits homicide? For this reason, as very
frequently, through the excesses of cruel masters, slaves are deprived
of their lives, without having committed any crime; it is proper that
this license should be entirely abolished by means of the following
law, which shall be hereafter observed by all, to wit: that no master
or mistress shall deprive either their own slaves, or the slaves of
others, of life, without an order of court. But if such a slave should
acknowledge his guilt of a crime for which he is liable to punishment
by death, his master or his accuser shall straightway communicate
the fact to the judge of the district where the deed was committed;
or to the governor of the city, or the governor of the province; and
if, after an investigation, it is evident that the crime has been
committed, the culprit shall receive, either from the judge or from his
own master, the punishment of death, which he deserves.
If the judge should be unwilling to order him to be executed he shall
commit his sentence of death to writing, and the master shall then have
the power to either kill him, or to spare his life. If a slave, of
either sex, while resisting his or her master, should strike him with a
sword, stone, or with any weapon; or should attempt to strike him; and
the master, in his own defence, should immediately kill the slave, he
shall not be punished for homicide, if it is evident that he defended
himself; that is to say, if he can establish by the testimony, or the
oaths of other slaves who were present, and by his own oath, that he
was acting in his own defence. Where any person, through malice, either
acting himself or through the agency of another, kills his own slave,
he shall be deprived of the right to testify in court thereafter, as
a mark of infamy; and, in order that such rashness may be prevented,
he shall be exiled as long as he lives, and be forced to do penance,
and his property shall be given to those whom the law has designated
as his nearest heirs. Anyone who shall deliberately or intentionally
kill, or order to be killed, a slave, of either sex, belonging to
another, shall be compelled to give two slaves of equal value, to the
master of the one who was killed; and the homicide, according to the
provision hereinbefore stated, shall be sentenced to perpetual exile.
And if either a master or a mistress, influenced by a sense of injury,
or by anger, while inflicting punishment upon a slave of either sex,
whether their own, or belonging to another, should kill such slave by
a blow; and should be able to prove, either by witnesses, or by his or
her own oath, that he or she involuntarily committed said homicide;
such person shall not be amenable to punishment under this law. Where
any male or female slave admits that he or she has, at the instigation,
Public-domain text, read in full here on John Shaqi.
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