and with the consent of their master, killed a fellow slave or any
other person, and, having been put to the torture, should accuse their
master of having planned the crime for his own benefit; said slaves
shall be publicly scourged with a hundred lashes, and shall be scalped
as a token of infamy. If, however, the master should swear that he
has not ordered, or influenced said slave, in any way, he shall not
be considered guilty under this law; and the slave who committed the
homicide shall be delivered up into the power of the master of the
slave who was killed, to be disposed of at his pleasure; for any slave
who kills another slave must be surrendered to the master of the latter.
Where a freeborn person has been convicted of having killed anyone by
treachery, and for the purpose of robbery, while the latter was either
on a journey or at home, he shall be at once punished for homicide; and
as anyone who by counsel, or by order, instigates another to commit
murder, is to be regarded as more infamous than he who perpetrated the
deed, it is hereby especially provided that, except in the case of
slaves, as hereinbefore set forth, if either a master or a mistress
should order a freeborn person, of either sex, to be killed by a slave,
and, after a severe, public investigation by torture, confession of the
crime is made by said slaves, implicating their master or mistress,
their testimony concerning the latter shall not be received, unless
they are able to confirm it by the evidence of reputable witnesses.
The master who is thus accused, must, at once, in the presence of the
court, purge himself of all guilt by oath. Those who confess that they
committed the homicide, shall either be punished for the crime, or
shall be surrendered to the parents or the relatives of him who was
killed, that they may do with them whatever they desire. Where the
master is unable to make oath, as aforesaid, the male or female servant
who has perpetrated such an infamous act, shall receive two hundred
lashes, and shall be scalped as a mark of infamy. The master, by whose
order such wickedness has been committed, shall suffer the punishment
of death.
If several freeborn persons, by common agreement, should plan the
perpetration of a homicide, he who struck the blow, or actually
committed the deed, shall be put to death. The others, however, who
are convicted of having plotted the crime, although they did not take
an active part in its perpetration, shall nevertheless, on account of
their wicked counsel, each receive two hundred lashes in public, and
undergo the ignominy of being scalped. And, in addition, each shall be
compelled to pay fifty _solidi_ to the nearest relatives of the
deceased, and should any of them not be possessed of such a sum, he
shall be delivered over to them to be their slave forever.[37]
=FLAVIUS RECESVINTUS, KING.=
=XIII. No One shall Deprive a Male or Female Slave of a Limb.=
Public-domain text, read in full here on John Shaqi.
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