It is the just province of the law to amend or repeal by new decrees,
any former statutes which may be devoid of reason or equity; and the
cause of abuses must first be determined, before laws can be enacted
for their correction. As a son is born of both parents, why should he
follow the condition of his mother, while he owes his being equally
to his father. It is, therefore, but reasonable that we decree that
where one slave has married a slave owned by another person, any issue
of said marriage shall belong equally to the masters of both slaves.
Where, however, there is but one son born to said parents, since he
cannot serve both masters at once, he shall remain with his mother
until his twelfth year, at which age he will be able to work. The
master of the female slave shall then pay to the master of her husband
one half of the value of the child, after said value shall have been
appraised by men of respectability. A similar rule shall be observed
in the cases of other children of slaves, where said children are not
of even number. All personal property which said male and female slave
has accumulated, while living under one roof, shall belong to both
masters. And if said slaves should have accumulated any property on
land belonging to a third person, or any building, or any real estate
of any description, or any personal property that is not portable,
the masters of said slaves shall have a right to the division of
said property among themselves, in the same manner as if it had been
acquired through relationship by blood. If one of the said masters
should be opposed to the marriage of the slaves aforesaid, he may
straightway separate them, under this condition: that, after said
marriage shall have come to the knowledge of said masters, and they
should not desire its continuance, they must dissolve it within a year.
If, through their negligence, this reasonable time prescribed by law
should have elapsed, whatever issue said slaves may have after that
time, shall be equally divided between their masters; the sex, number,
and ages of said children being taken into consideration. If more than
a year should elapse without one or both of their masters being aware
of said marriage, all issue of the same shall be divided between them,
as aforesaid.
=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=
=XVIII. All Personal Property shall be Classed under One Title.=
We often see wicked persons, for the purpose of contention, pervert
the meaning of the law; and, in order to prevent such conduct, as
far as possible, we desire to simplify matters whenever this can be
done. Therefore, we decree that no difference shall exist in the
classification of all kinds of personal property, whether said property
be tangible, or merely held in trust by one for another; in order that
the subtle distinctions which have arisen in the classification of said
property may be abolished.
=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=
Public-domain text, read in full here on John Shaqi.
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