Where a fugitive slave comes among persons to whom he is unknown, and
asserting that he is freeborn, afterwards marries a freeborn woman, and
said woman, or her parents, or relatives, should be convinced of the
fact that he is a slave, and the judge should have investigated the
matter, in behalf of the woman, and the master of said slave should add
his testimony; no reproach shall attach to said woman, nor shall she
be liable for any damages, but she shall continue to be free, and any
children she may have had by said slave, shall follow the condition of
their mother. She shall not be separated from said slave should she
desire to remain with him, provided his master gives his consent.
=FLAVIUS CHINTASVINTUS, KING.=
=XVI. Where a Fugitive Slave, Declaring that he is Freeborn, Marries a
Freeborn Woman.=
For the reason that fugitive slaves falsely declaring themselves to
be freemen, frequently contract marriages with freeborn women, we now
decree by the following law, that where a slave, having escaped from
his master, by any means whatever, takes refuge with anyone, whether
he declares that he is free or not, and, under such circumstances,
marries a freeborn woman, the issue of said fraudulent union shall
invariably follow the condition of the father; and when the master of
the slave appears, he shall have a right to claim as his own, not only
said fugitive, but also his children, and such property as they may be
possessed of. A similar rule shall apply to female slaves who, escaping
from their masters, presume to contract marriages with freeborn
men.[45]
=FLAVIUS CHINTASVINTUS, KING.=
=XVII. Concerning Property Acquired by Fugitive Slaves.=
If a fugitive slave should acquire any property through his labor and
skill, when his master appears, the latter shall have the right to the
whole of it. But where his master finds him in possession of property
stolen from another, he can advance no claim to it, but must restore
said property to him who lost it. If, however, said fugitive slave
should have caused any damage, or committed any crime, he who concealed
him must render satisfaction for the same.
=FLAVIUS CHINTASVINTUS, KING.=
=XVIII. Concerning Those who Refuse to Restore Fugitive Slaves to their
Masters.=
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