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Macroeconomics, Cdn. 4e (Williamson)
Chapter 7 Economic Growth: Malthus and Solow

1) If changes in economic policy could cause the growth rate of real GDP to increase by 1% per year for
100 years, then GDP would be ________% higher after 100 years than it would have been otherwise.
A) 1.3
B) 2.0
C) 2.7
D) 3.8
E) 4.2
Answer: C
Type: MC Page Ref: P. 204

2) The Malthusian model has the property that


A) increased education levels leads to increased population growth.
B) increased consumption leads to increased population growth.
C) increased capital stock leads to increased total factor productivity.
D) improvements in technology for producing goods leads to increased population growth.
E) improvements in standards of living leads to population growth.
Answer: D
Type: MC Page Ref: P. 205

3) On average, from 1960-2000, real GDP in Canada grew around


A) 2.3%.
B) 0.6%.
C) 8.7%.
D) 4.1%.
E) -1.2%.
Answer: A
Type: MC Page Ref: P.204

4) The idea that an improvement in technology causes an increase in population but causes no increase
in the average standard of living is attributed to
A) Adam Smith.
B) Thomas Malthus.
C) Robert Solow.
D) Milton Friedman.
E) Robert Lucas.
Answer: B
Type: MC Page Ref: P. 205

5) The Malthusian model performs poorly in explaining economic growth after the
A) French Revolution.
B) American Revolution.
C) Industrial Revolution.
D) Bio-technology Revolution.
E) Second World War.
Answer: C
Type: MC Page Ref: P. 205
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© 2013 Pearson Education Canada
6) The Solow model emphasizes the role of which of the following factors of production?
A) land
B) labour
C) capital
D) natural resources
E) education
Answer: C
Type: MC Page Ref: P. 205

7) In an exogenous growth model, growth is caused by


A) capital accumulation.
B) government policies.
C) human capital accumulation.
D) forces that are not explained by the model itself.
E) total factor productivity.
Answer: D
Type: MC Page Ref: P. 205

8) In an endogenous growth model, growth is caused by


A) forces determined by the model.
B) capital accumulation.
C) human capital accumulation.
D) forces that are not determined by the model itself.
E) total factor productivity.
Answer: A
Type: MC Page Ref: P.205

9) The Solow model suggests that, to improve a country's standard of living in the long run,
A) people have to be more educated.
B) more natural resources must be found.
C) production technology must become more efficient.
D) standards of living must increase.
E) total factor productivity must decline.
Answer: C
Type: MC Page Ref: P. 205

10) Before the Industrial Revolution, standards of living differed


A) greatly over time and across countries.
B) little over time but differed greatly across countries.
C) greatly over time but differed little across countries.
D) little over time and across countries.
E) greatly over time, but was the same across countries.
Answer: D
Type: MC Page Ref: P. 206

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11) In Canada during the 1870-2004 period, the average annual growth in per capita income
A) fluctuated substantially.
B) remained steady at about 2%.
C) remained constant until World War II.
D) rose with total factor productivity.
E) rose with the population growth.
Answer: B
Type: MC Page Ref: P. 206

12) Recent evidence suggests that output per worker is


A) positively related to both the rate of investment and to the rate of population growth.
B) positively related to the rate of investment and negatively related to the rate of population growth.
C) negatively related to the rate of investment and positively related to the rate of population growth.
D) negatively related to both the rate of investment and to the rate of population growth.
E) negatively related to the rate of investment and not related at all to the rate of population growth.
Answer: B
Type: MC Page Ref: P. 206-207

13) Countries in which a relatively small fraction of output is channeled into investment tend to have a
A) relatively high rate of consumption.
B) relatively low rate of population growth.
C) relatively low standard of living.
D) relatively high level of capital stock.
E) relatively high level of government spending.
Answer: C
Type: MC Page Ref: P. 206

14) Recent evidence suggests that the level of output per worker is
A) positively correlated with the growth rate in output per worker.
B) negatively correlated with the rate of population growth.
C) positively correlated with the rate of population growth.
D) negatively correlated with growth rate in output per worker.
E) not correlated with the growth rate in output per worker.
Answer: E
Type: MC Page Ref: P. 209

15) Rates of growth of real per capita income are most alike amongst
A) the richest countries and the poorest countries.
B) the richest countries but not the poorest countries.
C) the poorest countries but not the richest countries.
D) neither the richest nor the poorest countries.
E) the U.S. and in Africa.
Answer: B
Type: MC Page Ref: P. 209

3
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16) In the Malthusian model, the population growth rate is
A) exogenous.
B) positively related to consumption per worker.
C) negatively related to consumption per worker.
D) assumed to be constant.
E) not related to consumption per worker.
Answer: B
Type: MC Page Ref: P. 210-211

17) The Malthusian model emphasizes a fixed supply of which of the following factors of production?
A) labour
B) land
C) energy
D) natural resources
E) capital
Answer: B
Type: MC Page Ref: P. 210

18) In the Malthusian model, capital in the production function is replaced by


A) natural resources.
B) population growth.
C) land.
D) capital stock.
E) total factor productivity.
Answer: C
Type: MC Page Ref: P. 210

19) In the Malthusian model, population growth depends on


A) income per worker.
B) total factor productivity.
C) level of nutrition.
D) consumption per worker.
E) labour supply.
Answer: D
Type: MC Page Ref: P. 210-211

20) In the Malthusian model of the economy,


A) there is no investment or government spending.
B) capital replaces land in the production function.
C) the model is static with only one period.
D) population growth depends on income per worker.
E) population growth is negatively correlated with consumption.
Answer: A
Type: MC Page Ref: P. 210

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© 2013 Pearson Education Canada
21) In the Malthusian model, an improvement in the technology of growing food is likely to
A) increase the equilibrium size of the population and increase the equilibrium level of consumption per
worker.
B) increase the equilibrium size of the population and decrease the equilibrium level of consumption per
worker.
C) increase the equilibrium size of the population and have no effect on the equilibrium level of
consumption per worker.
D) have no effect on the equilibrium size of the population and increase the equilibrium level of
consumption per worker.
E) have no effect on both the equilibrium size of the population and the equilibrium level of
consumption per worker.
Answer: C
Type: MC Page Ref: P. 210

22) In the Malthusian model, the steady state is


A) where total factor productivity is maximized.
B) the long run equilibrium for the population.
C) the competitive equilibrium.
D) where consumption per worker is maximized.
E) where land replaces capital in the production function.
Answer: B
Type: MC Page Ref: P. 212

23) The per worker production function describes the relationship between
A) consumption per worker and income per worker.
B) capital per worker and total factor productivity.
C) output per worker and land per worker.
D) labour supply and land per worker.
E) government spending and total factor productivity.
Answer: C
Type: MC Page Ref: P. 213

24) In the Malthusian model, the long-run standard of living is determined entirely by the function g(c),
which describes how
A) consumption per worker drives population growth.
B) technology affects the growth of output.
C) the death rate depends on technological change.
D) the birth rate depends on population growth.
E) consumption per worker drives production.
Answer: A
Type: MC Page Ref: P.210,214

25) A pessimistic long run Malthusian result is


A) increases in land use lowers standards of living.
B) higher labour supply does not increase total factor productivity.
C) increases in capital stock does not achieve the steady state.
D) improvements in technology does not improve standards of living.
E) population control does not increase total factor productivity.
Answer: D
Type: MC Page Ref: P. 215-217
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© 2013 Pearson Education Canada
26) In the Malthusian model, the steady state effects of an increase in z are to
A) decrease the quantity of land per worker, increase the population, and leave consumption per worker
unchanged.
B) increase the quantity of land per worker, increase the population, and leave consumption per worker
unchanged.
C) decrease the quantity of land per worker, increase the population, and increase consumption per
worker
D) decrease the quantity of land per worker, decrease the population, and leave consumption per worker
unchanged
E) shift the production function upwards, but leave the steady state unchanged.
Answer: A
Type: MC Page Ref: P. 215-217

27) In the Malthusian model, when z increases, initially consumption


A) decreases and remains below the original steady state level forever.
B) decreases and then increases to its steady state level.
C) increases and then falls to its steady state level.
D) is unaffected by the change in z.
E) increases and remains above the original steady state level forever.
Answer: C
Type: MC Page Ref: P. 215-217

28) In the Malthusian model, state-mandated population control policies are likely to
A) decrease the equilibrium size of the population and increase the equilibrium level of consumption per
worker.
B) decrease the equilibrium size of the population and have no effect on the equilibrium level of
consumption per worker.
C) have no effect on the equilibrium size of the population and increase the equilibrium level of
consumption per worker.
D) have no effect on the either equilibrium size of the population and the equilibrium level of
consumption per worker.
E) have no effect on the equilibrium size of the population or the equilibrium level of consumption per
worker.
Answer: A
Type: MC Page Ref: P. 217

29) In more modern times as opposed to the times of Malthus, higher standards of living appear to
A) decrease death rates and increase birth rates.
B) decrease death rates and also decrease birth rates.
C) decrease death rates and have no effect on birth rates.
D) have had effects on neither death rates nor birth rates.
E) increase death rates and have no effect on birth rates.
Answer: B
Type: MC Page Ref: P. 218

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© 2013 Pearson Education Canada
30) Malthus was too pessimistic because he did not foresee the effects of
A) ever increasing amounts of land for cultivation.
B) increases in the capital stock and the effects of such increases on production.
C) improved nutrition and health care.
D) improved family planning practices.
E) increase productivity of land.
Answer: B
Type: MC Page Ref: P. 218

31) The Solow growth model predicts that a country's standard of living can continue to increase in the
long run only if
A) there is sustained increases in the capital stock.
B) there is sustained increases in the population.
C) there is sustained increases in the labour force.
D) there is sustained increases in government spending.
E) there is sustained increases in total factor productivity.
Answer: E
Type: MC Page Ref: P. 219

32) Which of the following is not different between the Solow and Malthusian models?
A) The production function has decreasing marginal returns.
B) Households save.
C) Population growth is exogenous.
D) There is capital accumulation.
E) Advances in technology can sustain economic growth.
Answer: A
Type: MC Page Ref: P.219-220

33) The per worker production function relates output per worker
A) to capital per worker.
B) to the participation rate.
C) to production per worker.
D) in different countries.
E) total factor productivity.
Answer: A
Type: MC Page Ref: P. 220

34) The slope of the output per worker function is equal to the
A) marginal product of capital.
B) marginal product of labour.
C) savings rate.
D) growth rate of the population.
E) capital stock.
Answer: A
Type: MC Page Ref: P. 220

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© 2013 Pearson Education Canada
35) In the Solow growth model, the law of motion of capital takes into account
A) the depreciation of old capital.
B) the residential nature of houses.
C) the mobility of capital.
D) the costs of shipping and installing capital.
E) the impact of consumption on population growth.
Answer: A
Type: MC Page Ref: P.220

36) In Solow's exogenous growth model, the principal obstacle to continuous growth in output per capita
is due to
A) the declining marginal product of labour.
B) the declining marginal product of capital.
C) limits in the ability of government policy makers.
D) too little savings.
E) not enough consumption per worker.
Answer: B
Type: MC Page Ref: P. 223

37) In Solow's model of economic growth, suppose that s represents the savings rate, z represents total
factor productivity, k represents the level of capital per worker, and f(k) represents the per worker
production function. Also suppose that n represents the population growth rate and d represents the
depreciation rate of capital. The equilibrium level of capital per worker, k*, will satisfy the equation:
A) szf(k*) = (n + d) k*.
B) szk* = (n + d)f(k*).

C) nf(k*) = .

D) f(k*) = k*.

E) f(k*) = (n + d)k*.
Answer: A
Type: MC Page Ref: P. 224

38) According to the Solow growth model, in the long-run steady state, all real aggregate quantities
grow
A) according to the savings rate in the economy, s.
B) at the rate n, the growth rate of the labour force.
C) at the same rate as per worker capital.
D) depending on how consumption affects population growth.
E) at the same rate as consumption per worker.
Answer: B
Type: MC Page Ref: P.224

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© 2013 Pearson Education Canada
39) An increase in savings can be brought about
A) by increased total factor productivity.
B) by increased consumption per worker.
C) in the short run only.
D) through government policy.
E) by increased labour supply.
Answer: D
Type: MC Page Ref: P. 225

40) In the steady state of Solow's exogenous growth model, an increase in the savings rate
A) increases output per worker and increases capital per worker.
B) increases output per worker and decreases capital per worker.
C) decreases output per worker and increases capital per worker.
D) decreases output per worker and decreases capital per worker.
E) increases output per worker, reduces consumption per worker and decreases capital per worker.
Answer: A
Type: MC Page Ref: P. 225

41) The Golden Rule Quantity of capital per worker maximizes the steady-state level of
A) output per worker.
B) capital per worker.
C) consumption per worker.
D) investment per worker.
E) savings per worker.
Answer: C
Type: MC Page Ref: P. 228

42) When capital is accumulated at the rate that maximizes consumption per worker in the steady state,
the marginal product of capital is equal to the
A) savings rate plus the population growth rate.
B) population growth rate plus the depreciation rate.
C) depreciation rate plus the savings rate.
D) savings rate divided by the marginal product of labour.
E) consumption per worker plus the population growth rate.
Answer: B
Type: MC Page Ref: P. 229

43) The golden rule savings rate is achieved when capital is accumulated at a rate that
A) maximizes consumption per worker in the steady state.
B) keeps consumption per worker constant in the steady state.
C) population growth exceeds the depreciation rate.
D) minimizes the effects of consumption growth on population growth.
E) minimizes consumption per worker in the steady state.
Answer: A
Type: MC Page Ref: P. 229

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44) In the steady state of Solow's exogenous growth model, an increase in the growth rate of labour
force
A) increases output per worker and increases capital per worker.
B) increases output per worker and decreases capital per worker.
C) decreases output per worker and increases capital per worker.
D) decreases output per worker and decreases capital per worker.
E) decreases output per worker and the marginal product of labour.
Answer: D
Type: MC Page Ref: P. 229-230

45) In the steady state of Solow's exogenous growth model, an increase in total factor productivity
A) increases output per worker and increases capital per worker.
B) increases output per worker and decreases capital per worker.
C) decreases output per worker and increases capital per worker.
D) decreases output per worker and decreases capital per worker.
E) decreases in output per worker only.
Answer: A
Type: MC Page Ref: P. 231

46) Growth in real GDP per-capita in Canada is roughly consistent with which of the following
predictions of the Solow model?
A) a constant growth rate in the growth rate of the labour force
B) a steady increase in the savings rate
C) a convergence with lower income countries
D) convergence to a steady state level of real GDP per-capita
E) exogenous TFP growth at a constant rate
Answer: E
Type: MC Page Ref: P. 232

47) Which of the following is a possible explanation for why growth in real GDP per-capita in Canada
has not returned to its linear trend after the most recent recession?
A) Canada has experienced a level adjustment to a lower growth path.
B) There has been a decrease in population growth.
C) There has been an increase in population growth.
D) There has been a constant level of savings combined with increased population growth.
E) There has been a prolonged slowdown of growth in the U.S. economy.
Answer: A
Type: MC Page Ref: P. 233-234

48) Growth accounting, popularized by Robert Solow, attempts to attribute a change in aggregate output
A) to its most important single cause.
B) separately between changes in government policy and changes in total factor productivity.
C) separately between changes in total factor productivity and changes in the supplies of factors of
production.
D) separately between changes in the supplies of factors of production and changes in government
policy.
E) separately between changes in total factor productivity and changes in government policy.
Answer: C
Type: MC Page Ref: P. 234

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49) In the steady state of Solow's exogenous growth model, an increase in the population growth rate
A) increases output per worker and increases capital per worker.
B) increases output per worker and decreases capital per worker.
C) decreases output per worker and increases capital per worker.
D) decreases output per worker and decreases capital per worker.
E) decreases output per worker and the marginal product of labour.
Answer: D
Type: MC Page Ref: P. 229-230

50) Recent evidence shows that there is a


A) negative correlation between the population growth rate and income per worker across countries.
B) positive correlation between the population growth rate and income per worker across countries.
C) negative correlation between the savings rate and the quantity of income per worker.
D) positive correlation between labour force growth and the quantity of income per worker.
E) negative correlation between capital investment and quantity of income per worker.
Answer: A
Type: MC Page Ref: P. 236

51) Which feature of the data can the Solow growth model not replicate?
A) There is a widening gap between income levels across countries.
B) The investment rate is positively related to the income per worker.
C) The population growth rate is negatively related to the income per worker.
D) An increase in the savings rate causes an increase in income per worker.
E) In developed countries, there is steady growth in income per capita.
Answer: A
Type: MC Page Ref: P. 235-236

52) For the production function, Y = , if measured output is , measured capital input is ,
and measured labor input is , then the Solow residual would be equal to

Answer: D
Type: MC Page Ref: P. 235

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53) Total factor productivity can be influenced by
A) new inventions.
B) less capital.
C) more labour.
D) increases in the price of inputs.
E) consumption per worker.
Answer: A
Type: MC Page Ref: P. 235

54) The Solow residual attempts to measure the amount of output not explained by
A) technological progress.
B) the direct contribution of labour and capital.
C) economic projections.
D) the amount of a nation's human capital.
E) business cycles.
Answer: B
Type: MC Page Ref: P. 235

55) Growth in the Solow residual was slowest in the


A) 1950s.
B) 1960s.
C) 1970s.
D) 1980s.
E) 1990s.
Answer: C
Type: MC Page Ref: P. 237

56) Growth in the Solow residual was fastest in the


A) 1950s.
B) 1960s.
C) 1970s.
D) 1980s.
E) 1990s.
Answer: B
Type: MC Page Ref: P. 237

57) One plausible explanation of Canadian productivity slowdown starting in 1973 is measurement
problems. This explanation would require which of the following measurement problems?
A) Production tends to be overestimated.
B) Goods is overestimated.
C) Changes in the quality of goods and services.
D) Services is overestimated.
E) Goods and services were overestimated.
Answer: C
Type: MC Page Ref: P. 238

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58) One plausible explanation of the Canadian productivity slowdown starting in 1973 is that it was a
result of the increase in the relative price of energy. This explanation would require that, in light of
higher energy costs, the
A) capital stock is overestimated.
B) capital stock is underestimated.
C) labour force is overestimated.
D) labour force is underestimated.
E) capital stock and the labour force were overestimated.
Answer: A
Type: MC Page Ref: P. 239

59) One plausible explanation of the Canadian productivity slowdown starting in 1973 is that it was the
result of the time needed to adapt to new technology. This explanation would require that
A) workers withdraw from the labor force to learn about the new technology.
B) a large number of new entrants be attracted to the labor force.
C) managers be reluctant to adopt changes.
D) workers time at their jobs be diverted from production to learning the technology.
E) little time was spent to learn the new technology.
Answer: D
Type: MC Page Ref: P. 240

60) One plausible explanation of the Canadian productivity slowdown starting in 1973 is that is was the
result of sectoral shifts. The relevant sectoral shift in Canada was a shift from
A) manufacturing to services.
B) services to manufacturing.
C) services to information technology.
D) manufacturing to information technology.
E) oil to natural gas.
Answer: A
Type: MC Page Ref: P. 239-240

61) Percentage deviations from trend in the Solow residual are


A) unrelated to the business cycle.
B) procyclical and smaller than percentage deviations from trend in GDP.
C) procyclical and have about equal magnitude as percentage deviations from trend in GDP.
D) procyclical and larger than percentage deviations from trend in GDP.
E) related to changes in the labour force.
Answer: C
Type: MC Page Ref: P. 240

62) The high growth rate in aggregate output in Canada during 1991-2001 was due to
A) an increase in the capital stock.
B) an increase in the labour force.
C) an increase in total factor productivity growth.
D) the higher prices of energy.
E) strong growth in the service sector.
Answer: C
Type: MC Page Ref: P. 242

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63) The biggest contribution to real Canadian GDP growth in the 1970s was due to growth in
A) total factor productivity.
B) the capital stock.
C) the labour force.
D) both the capital stock and the labour force.
E) the size of government.
Answer: D
Type: MC Page Ref: P. 242

64) Development accounting includes which additional input as a possible explanation of economic
growth?
A) human capital
B) land
C) money
D) political stability
E) climate
Answer: A
Type: MC Page Ref: P. 243

65) Human capital is


A) the level of capital per-capita.
B) a measure of the effects of capital on labour productivity.
C) a measure of the stock of skills and education a person possesses.
D) the most important factor explaining differences in incomes across countries.
E) not a factor that can explain differences in incomes across countries.
Answer: C
Type: MC Page Ref: P. 243

66) What are the key differences between the Malthusian and Solow models of economic growth?
Answer: The Malthusian model contains no investment, saving, or government spending. Its basic
premise is that population growth over time depends positively on consumption per worker, while
aggregate economic output is determined by current labour and a fixed quantity of land. Increases in
total factor productivity do not affect consumption per worker so standards of living can only increase if
population growth is contained and reduced.

The Solow model is more optimistic about improvements in standards of living over time. Sustained
technological advances affecting total factor productivity can improve a country's standard of living, as
measured by income per worker, in the long run. Output per worker can only increase if the savings rate
rises or when the rate of population growth decreases.
Type: ES Page Ref: P. 210-231

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TITLE V. CONCERNING VALID AND INVALID DOCUMENTS; AND HOW
WILLS SHOULD BE DRAWN UP.

I. What Documents are Valid in Law.


II. No Witness shall Testify as to the Contents of a Document of which He is
Ignorant.
III. Concerning the Drawing Up of Contracts, and Other Legal Documents.
IV. Neither Children, nor Other Heirs, shall contest the Final Disposition of
Property by their Ancestors.
V. Concerning the Penalties to which those are Liable who attempt to
Repudiate their Written Contracts.
VI. Contracts and Agreements made by Slaves are Invalid, unless Ordered
by their Masters.
VII. Concerning Dishonorable and Illegal Contracts.
VIII. No One shall be Liable in Person or Property, under the Terms of any
Contract, where Deception has been Practised: nor shall He be Liable
to any Penalty provided by the same.
IX. Every Obligation, or Contract, which has been Extorted by Force, or Fear,
shall be Void.
X. What Contracts entered into by Minors shall be Valid.
XI. How Wills shall be Drawn Up and Proved.
XII. How the Wills of those who Die during a Journey shall be Proved.
XIII. A Will must be Published in the Presence of a Priest, or of Witnesses,
within Six Months.
XIV. Concerning the Comparison of Handwriting, where Doubt attaches to
any Document.
XV. Concerning Holographic Wills.
XVI. Concerning the Comparison of Documents, and the Infliction of Penalties
prescribed by Wills.
XVII. No Testator shall be Permitted to Dispose of Property in One Way in the
Presence of Witnesses, and in Another by a Written Will.

FLAVIUS CHINTASVINTUS, KING.


I. What Documents are Valid in Law.
All documents which have been drawn up for a year and a day,
and are known to have been executed according to law; or which
are confirmed by the seals or signatures of the parties, or of
witnesses; shall be deemed valid. Such documents also, as any
person, on account of sickness, was unable to sign, but requested
witnesses to affix their signatures thereto, in his presence, shall be
equally valid. And, also, where any one is requested to affix his seal
or signature to a document, instead of the party himself; it shall be
valid only under the condition that if the maker of said document
should recover from his illness, and desiring that that which has
been thus attested be irrevocably established, should confirm it by
his own signature, then it shall have complete validity.
If a testator should die after making a will attested by another, as
aforesaid, he who was called as a witness shall see that the will is
proved by him within six months, as provided by another law.
FLAVIUS EGICA, KING.
II. No Witness shall Testify as to the Contents of a
Document of which He is Ignorant.
Where any one is asked to witness a document of any kind, he
must not sign it before he has read it, or has heard it read. And if he
should do so, and then attempt to testify concerning what he has
done negligently, his evidence shall not be received, because he was
ignorant of the contents of the paper to which he affixed his
signature; nor shall the document be valid, because its authenticity
has not been established by legal proof.
ANCIENT LAW.
III. Concerning the Drawing Up of Contracts, and Other
Legal Documents.
All contracts and agreements, which have been properly and
lawfully reduced to writing, provided they have been published for a
year and a day, shall be thereafter unalterable.
ANCIENT LAW.
IV. Neither Children, nor Other Heirs, shall contest the
Final Disposition of Property by their Ancestors.
It shall not be lawful for a son, or other heir, to contest the just
and legitimate provisions of the will of an ancestor, because it is
presumption in him who attempts to nullify the acts of his ancestors.
V. Concerning the Penalties to which those are Liable
who attempt to Repudiate their Written Contracts.
He who repudiates a contract, or obligation, lawfully and properly
executed, unless some more powerful person compelled him to do
so by force; and afterwards, before the cause is heard, shall pay the
penalty prescribed by the said contract, or obligation, then the latter
shall be valid. And any contract or obligation, properly drawn up
between the parties, even if it contains no penalty, shall under no
circumstances, be altered or cancelled. And whatever things are set
out in writing in contracts or obligations, shall be perfectly valid; and
especially if a party has drawn them up himself, and they have
reference to any indebtedness incurred by him.
FLAVIUS CHINTASVINTUS, KING.
VI. Contracts and Agreements made by Slaves are
Invalid, unless Ordered by their Masters.
Honor and justice both demand that, where slaves enter into
contracts in writing, or in the presence of witnesses, and not by the
order of their masters, such contracts shall be void.

VII. Concerning Dishonorable and Illegal Contracts.


We hereby decree that any contract or obligation, entered into by
any person whomsoever, which is injurious and unlawful, shall be
void.

VIII. No One shall be Liable in Person or Property, under


the Terms of any Contract, where Deception has been
Practised: nor shall He be Liable to any Penalty provided by
the same.
The practices of wicked and depraved men should always be
opposed by the authority of the law. For the reason, therefore, that
the avarice of designing persons often fraudulently ensnares others,
and induces them to enter into contracts whereby their liberty and
their property are lost, such transactions are hereby absolutely
prohibited. And whenever a contract is entered into, the penalty for
its violation shall not be more than double the amount involved; or
triple the amount, if a sum of money be in dispute. But, under no
circumstances shall a person be permitted to pledge all his property
or his person for the debt of another, because it is manifestly unjust
that any one should be ruined personally and financially on account
of such indebtedness; and therefore, any obligation or contract
made in violation of this law, shall be void and of no effect.

IX. Every Obligation, or Contract, which has been


Extorted by Force, or Fear, shall be Void.
Any contract which a person of high or low rank has extorted by
force or fear; that is, if he who makes it has been put in prison, or
threatened with violent death, or undergone any punishment, or any
indignity whatever, or suffered injury of any kind, in an attempt to
compel its execution; then any obligation or agreement made under
such circumstances shall be void.
FLAVIUS RECESVINTUS, KING.
X. What Contracts entered into by Minors shall be Valid.
Minors under fourteen years of age who wish to dispose of their
property by will, or in any other manner, whether in writing, or in the
presence of witnesses, shall not be permitted to do so, unless in
case of serious illness, or impending death. But if they should be
impelled by necessity, as aforesaid all minors who are more than ten
years of age, have full liberty to make such disposition of their
property as they may desire. If, however, they should recover from
their illness, whatever they have done shall be void; unless, being ill
a second time, they should confirm what they have previously done;
or, having reached their fourteenth year, they should have full
authority to act for themselves in all matters in which they are
interested. All persons who are insane from infancy, or indeed from
any age whatever, and remain so without intermission, cannot
testify, or enter into a contract, and, if they should do so, it would
have no validity. But such as have lucid intervals, shall not be
prohibited from transacting business during those periods.
FLAVIUS RECESVINTUS, KING.
XI. How Wills shall be Drawn Up and Proved.
The last will of a dying person, whether it be signed by his hand
and those of witnesses, or confirmed by the seals and signatures of
all parties; or even if the testator could not write, or attach his seal,
and some one else be requested by him to affix his signature, or
seal, instead of his own, along with those of lawful witnesses; or if
the wishes of said testator should only be expressed verbally, in the
presence of others; where any one of the methods above stated is
adopted, the will shall be valid in law. But care must especially be
taken that those wills which are executed according to the first and
second regulations, that is, such as are signed by the testator and
witnesses, or confirmed by the seals of either of these parties, shall
be published in the presence of an ecclesiastic within six months, as
has been provided for in another law. And if it should happen that
the maker of the will, who should have signed it, attaches his seal,
the witness who has signed the will, must establish the fact by oath,
and explain why the testator attached his seal. But those wills that
are executed under the third provision hereinbefore stated, that is,
where a competent witness subscribed it at the request of the
testator, shall be considered valid if published within six months. And
he who signed the will instead of the testator, and the witnesses
who had been requested by the latter to be present, shall make oath
concerning these facts, before the judge, and shall swear that there
was no fraud in the execution of the will signed by them, but that it
was drawn up according to the wishes of the testator himself, and
that they appeared at his request, and thus the act of the agent of
the testator who subscribed the will in his stead shall be proved and
confirmed. But a will made verbally, in the presence of witnesses,
which the testator, being in extremity, was not able to put in writing,
shall be fully proved if the witnesses who heard it, and appeared at
the request of the testator, should confirm by oath, in the presence
of the judge, within the space of six months, what the testator had
declared; and this oath must be signed by the judge as well as by
the witnesses. And when the affair shall have been fully settled, the
witnesses shall receive for their trouble the thirtieth part of the
property of the defunct; but only in money, conveyances, and books,
which otherwise would belong to the heirs. The witnesses must,
within six months, serve notice upon those who are interested in the
settlement of the estate, of the disposition of the same made by the
testator.
If any of the witnesses should neglect to carry out the provisions
of this law within the appointed time, they shall be liable to the
penalty of forgery; excepting, however, they should be able to prove
that they had been prevented from performing their duty within the
six months aforesaid, either through the fraud or deception of
others, or by the royal order; under which circumstances no blame
shall be attached to them.
FLAVIUS CHINTASVINTUS, KING.
XII. How the Wills of those who Die during a Journey
shall be Proved.
If any one should die while on a journey, or on a public
expedition, if there should be no freeman with him, he may write his
will with his own hand. But if he does not know how to write, or if,
from weakness, is unable to do so, he may communicate his wishes
to his slaves, whose good faith must subsequently be established by
the bishop and the judge. And if the said slaves, at no time
previously, have been guilty of fraud, their statements shall be
received and reduced to writing, sworn to, and attached by the
signatures of the bishop and the judge; and afterwards, if confirmed
by the royal authority, they shall be valid.
FLAVIUS CHINTASVINTUS, KING.
XIII. A Will must be Published in the Presence of a Priest,
or of Witnesses, within Six Months.
A written will must be published within six months, either in the
presence of a priest, or of witnesses. And if any one should suppress
a will through fraud, he shall be compelled to pay as much out of his
own property to the beneficiaries of said will, as they are entitled to
according to its provisions.
FLAVIUS CHINTASVINTUS, KING.
XIV. Concerning the Comparison of Handwriting, where
Doubt attaches to any Document.
Documents of every description, where he who made them and
the witnesses to the same are dead, and in which the signature of
the former and the attestation of the witnesses appear, when
brought into court to be verified, may be proved by comparison of
their seals and signatures with those of other documents; and the
proof shall be sufficient in this investigation, if the seals and
signatures of three or four other documents, when introduced, shall
be evidently those of the parties in question. But if the documents
aforesaid shall not have been published within the time prescribed
by law, they shall be invalid.
FLAVIUS CHINTASVINTUS, KING.
XV. Concerning Holographic Wills.
It happens frequently, through necessity, that the solemnities of
the law cannot be complied with; and where the locality is such that
witnesses cannot be found, by whom any one may have his will
subscribed according to the regulations required by law, the testator
may write those things in his own hand which he desires to have
done; provided it be specifically stated, what he intends to dispose
of, or what business he wishes any one he may select to transact;
the day and the year being both given in the instrument. And when
the will has been written, the testator himself shall sign it; and if
said will should come into the possession of him for whose benefit it
was made, or into that of his heirs, within thirty years, it must be
presented to the bishop or the judge within six months thereafter.
The bishop and the judge—three other documents having been
produced in which the signature of the testator appears—shall then
determine, by comparison of all these documents, whether the will
which the testator wrote with his own hand is genuine or not, and if
it should become evident that it is genuine, then the bishop, or the
judge, or other reputable witnesses, shall confirm the same by their
signatures, and, in this manner, the said holographic will shall be
fully proved and established.
FLAVIUS RECESVINTUS, KING.
XVI. Concerning the Comparison of Documents, and the
Infliction of Penalties prescribed by Wills.
As we should not, where it is proper to do so, refuse salutary
remedies to those who are in distress, so we should justly impose
censure where irrational contention occurs. Hereafter, when any
dispute arises concerning the will of an ancestor, which appears to
have been drawn up justly and legally, and according to obligations
which have been incurred; if any interested party to whom the will is
shown, should say that he does not know that it is true, he who has
produced it must immediately swear that no fraud or mutilation has
been made therein at any time, by him, or by any one else, so far as
he knows; but that it still remains just as the testator executed it.
Then he who refused to accept it shall be forced to swear that he
does not know that said will is authentic, and does not recognize it,
and is not aware that it has been legally drawn up, or that the seal
or signature of the maker is genuine. Then search must be made by
both parties, among the effects of the deceased, for instruments in
writing; so that, by comparison with the seals and signatures of
other documents, it may be properly established, whether the
matter alleged is true or false. Then, if documents of the testator
should not be found, by comparison with which the will in question
can be proved, he who introduced the will shall make diligent
inquiry, wherever he can, for other papers of the testator, by
comparison with which he may prove the will in question. And if,
after all these efforts, the truth should not be ascertained, he who
introduced the will, even if he had summoned witnesses from a
distance, must pay all expenses; and he who refused to accept it,
shall not be liable to any penalty whatever. But in such cases, if he
who declared the will to be fraudulent, did so, not for the sake of
truth, but solely for the annoyance of the other party, and to compel
him to summon witnesses, and incur expense, in order to establish
the genuineness of the will; then he who introduced the will, must
prove by witnesses that it is true and unmutilated; and he who,
through an unjust contention, has caused annoyance and expense to
his adversary, must pay the amount of the penalty mentioned in the
will. But if he has not sufficient property, after an estimate has been
made of the same, to pay the sum which the testator prescribed, or
openly refuses to pay said penalty, he shall be forced to surrender to
him whom he has wronged, all that he would have inherited from
the testator. We decree that this law shall apply to the wills of
parents alone; because we see that sons or grandsons very
frequently are involved in unjust disputes with one another. This
exception, however, is made, that if a will shall be found to be, in
any way, opposed to the laws, any one is free to dispute its validity.
FLAVIUS CHINTASVINTUS, KING.
XVII. No Testator shall be Permitted to Dispose of
Property in One Way in the Presence of Witnesses, and in
Another by a Written Will.
The evidence, either oral or written, by means of which the proof
of a bequest from one person to another is established, and which
should be true and manifest, is often rendered doubtful; so that the
intentions of the testator, concerning the gifts and other matters set
forth in his will, can with difficulty be determined; for the reason that
while he has made certain statements in his will, he has made
others, of a directly contrary character, secretly, in the presence of
witnesses.
Thus, by reason of this duplicity, it is evident that there are
practically two wills; for clearness and honesty are excluded, where
one thing is published openly, and another secretly stated in the
presence of witnesses.
And, where any one who has executed a document conveying
property of any kind to another, by gift or sale, shall be found to
have made a different disposition of said property before a witness,
than he did in writing; he shall pay the penalty prescribed in the
document to him upon whom this deceit has been practised; and, in
addition to this, he shall never be permitted to recover what he has
surrendered.
Nor shall any witness be allowed to testify concerning anything
which is not contained in a will; so that, hereafter, all temptations for
dispute having been removed, whatever is found to be the manifest
and lawful tenor of such documents may not be brought into
dispute, through the machinations of a corrupt witness.
This law shall have equal force with those already promulgated.
If he who offers a will is of such rank and power that the said will
appears to have been rather exacted by, than offered to him, and
this fact can be proved, then the will shall be declared invalid; and
the property disposed of by it shall be distributed among the heirs
according to law.[15]
BOOK III.
CONCERNING MARRIAGE.
TITLE I. CONCERNING NUPTIAL CONTRACTS.

I. Marriage shall not be Entered Into without a Dowry.


II. It shall be as Lawful for a Roman Woman to Marry a Goth, as for a
Gothic Woman to Marry a Roman.
III. Where a Girl Marries against the Will of her Father, while she is Betrothed
to Another.
IV. When a Gift is made by way of Pledge, a Nuptial Contract cannot be
Rescinded.
V. Women Advanced in Years shall not Marry Young Men.
VI. What Property the Dowry shall consist of.
VII. The Father shall Exact, and Keep, the Dowry of his Daughter.
VIII. In case of the Death of the Father, the Disposition of the Children, of
both Sexes, in Marriage, shall belong to the Mother.
IX. Where Brothers Defer the Marriage of their Sister, or Where a Girl Marries
Beneath her Station.
X. Where the Items of a Dowry, relating to any kind of Property, are
reduced to Writing, it shall not be Contested.

THE GLORIOUS FLAVIUS RECESVINTUS, KING.


I. Marriage shall not be Entered Into without a Dowry.
Marriage is recognized to have greater dignity and honor, where
the dowry is given before the nuptial contract has been entered into
in writing. For where the dowry has been neither given, nor stated in
writing, what expectation can there be of future conjugal dignity,
when propriety does not confirm the celebration of the marriage, nor
the honorable obligation of the written contract accompany it?
FLAVIUS RECESVINTUS, KING.
II. It shall be as Lawful for a Roman Woman to Marry a
Goth, as for a Gothic Woman to Marry a Roman.
The zealous care of the prince is recognized, when, for the sake
of future utility, the benefit of the people is provided for; and it
should be a source of no little congratulation, if the ancient law,
which sought improperly to prevent the marriage of persons equal in
dignity and lineage, should be abrogated. For this reason, we hereby
sanction a better law; and, declaring the ancient one to be void, we
decree that if any Goth wishes to marry a Roman woman, or any
Roman a Gothic woman, permission being first requested, they shall
be permitted to marry. And any freeman shall have the right to
marry any free woman; permission of the Council and of her family
having been previously obtained.

III. Where a Girl Marries against the Will of her Father,


while she is Betrothed to Another.
Where anyone is betrothed to a girl, either by the consent of her
father, or of any near relative in whom authority in these matters is
vested by all, and the girl, in defiance of the wishes of her father,
desires to marry another than him to whom she has been betrothed;
this we decree shall under no circumstances be permitted. But if the
girl, against the will of her father, should have fled to him who was
her choice, and should have married him, both shall be delivered
into the power of him to whom, with her father’s consent, she had
previously been betrothed. And if her mother, or brothers, or other
relatives, should grant her wishes, and give her to him whom she
has chosen, against the will of her father, those who have plotted
this shall pay a pound of gold to whomever the king may direct. Nor
shall the act of the parties be valid, but both of them, as has
hereinbefore been stated, shall be delivered up, with all their
property, to him to whom the girl had already been betrothed. And
we decree that this law shall be observed where the father shall
have made arrangements concerning the marriage of his daughter,
and the amount of the dowry has been agreed upon, and her father
dies before the marriage has been concluded; in such a case the girl
shall be given to him to whom she had been contracted by either
her father or her mother.
FLAVIUS CHINTASVINTUS, KING.
IV. Where a Gift is made by way of Pledge, a Nuptial
Contract cannot be Rescinded.
Since we have treated of things that are past, we consider it
eminently proper to discuss and determine those that are to come.
For the reason that there are many who, disregarding the betrothal,
fail to complete the nuptial contract; we deem it proper to abolish
this abuse, that no one may delay a marriage according to his will.
Therefore, we decree, from this day, that when the ceremony of
betrothal has been performed, either between the parents or
relatives of the parties, or in the presence of witnesses, and the ring
shall have been given or accepted as a pledge, although nothing
may have been committed to writing, the promise shall, under no
circumstances, be broken. Nor shall it be lawful for either party to
change his or her mind, if the other is unwilling to consent; but if all
the provisions relating to the dowry have been carried out according
to law, then the marriage shall be celebrated.
FLAVIUS RECESVINTUS, KING.
V. Women Advanced in Years shall not Marry Young Men.
The law of nature is framed in the direct hope of progeny when
the nuptial contract is entered into with all due solemnity. For if a
marriage takes place between persons who are incompetent, either
through age or some personal defect, to properly perform their
marital duties, how can their offspring be other than dwarfed or
deformed? For that cannot be perfect whose origin is defective. We
sometimes see persons who, not observing the laws of nature, but
induced by avarice, dispose of their children in marriage so
improperly, that neither the age, rank, or morals of the parties
concerned, are considered by them. For though men have received
their name from the fact that they control women by their superior
strength; some, in violation of the laws of nature, give the priority to
women, when they unite females of advanced age with boys who
are little more than children; and thus, for the sake of gain, and
through unwise delay, encourage the commission of vice by the
former. Therefore, that an end may be put to practices whose results
are unfavorable to future generations, we now decree, that,
hereafter, women shall always marry men who are older than
themselves, and a marriage under other circumstances shall not be
valid, if either of the parties should object. A space of time, not
longer than two years, shall be permitted to elapse from the day of
betrothal to the day of marriage; unless a longer period shall be
agreed upon by the parents or relations, or by the parties
themselves, if they are of age. But if, after the contract has been
made, it is determined by common consent to defer the date of the
nuptials; or if one of the persons should fail to be present, through
necessity, this may be done; but the marriage shall not then be
deferred longer than two years more. And if a second time, or
several times, it may be desirable to prolong the interval, it shall only
be for a period of two years; otherwise, the marriage contract,
though made in writing, and accompanied with the delivery of the
dowry, shall not be valid. If any one unnecessarily or arbitrarily
should protract the time, and violate the marriage contract, he shall
be liable to the penalty which is contained in it, and the contract
shall still remain in force. Any woman who has had one or more
husbands, shall after the death of those husbands, be permitted to
marry any man of proper age who has never been married before,
or who has had one or more wives already deceased.
FLAVIUS CHINTASVINTUS, KING.
VI. What Property the Dowry shall consist of.
As disputes concerning the dowry often arise between parties
contemplating marriage, it is a matter of common advantage that no
doubt should hereafter be possible under this our law. Therefore, we
decree and declare, that the following law shall be perpetually
observed hereafter, to wit: that if any one of the nobles of our
palace, or of the principal personages of the Gothic nation, should
demand in marriage for his son either the daughter of another, or
the widow of any one; or if any one should choose for himself a
wife, of the aforesaid rank; no person shall pay, or bind himself to
pay, as the dowry of the girl or woman, more than the tenth part of
his property. But if it should happen that a parent should wish to
give the dowry for the benefit of his daughter-in-law, he can then
give as said dowry, the tenth part of the property which his son
would inherit from him in case of his death; and, in addition, he
must give ten young men and ten young girls, and twenty horses:
or, in ornaments, as much as would amount in value to a thousand
solidi. And the wife shall have absolute liberty to dispose of this
property if she should not leave any sons; and if she should die
intestate, this donation shall go to the nearest heirs of the husband.
It shall not be lawful for the parents of the girl, or for the girl
herself, or for any woman, to ask more as a dowry from the
bridegroom, than is provided for by this law; and, as was permitted
by the Roman laws, the girl, or the woman, may give to the
bridegroom as much out of her own property as she herself has
demanded of him, should she desire to do so. If the bridegroom
should promise in writing, or bind himself by oath, at the time of the
marriage, to give a larger sum than is permitted by this law, he is
hereby fully authorized to take possession of all over and above said
sum, whenever he chooses. But if it should happen that, through
reverence for his oath, or, as often is the case, through negligence,
he should be unwilling to revoke or appropriate the surplus amount
which he had given to his bride, or should refuse to do so; as it is
not proper that, through the carelessness of one, injury should be
inflicted upon the many; therefore, when the parents of the
bridegroom, or his relations, shall become aware of the facts, they
may deprive the bride of all over and above the sum above
mentioned as legal; and this they may do as a matter of right, and
without prejudice. If, however, the husband, when a year has passed
since the marriage, should wish, through affection for his wife, to
make her a present of any kind, he shall have full liberty to do so.
But not within the space of a year shall the husband give to the wife,
or the wife to the husband, any present whatever, except the dowry
hereinbefore mentioned; unless either of them should be attacked
by grievous illness, and be in imminent danger of death.
In regard to others who desire to make marriage contracts, we
deem it proper, and so decree; that whoever is known to possess ten
thousand solidi, shall give to his bride as a dowry, as much as a
thousand solidi out of all his possessions. And he who has only a
thousand solidi shall, in the same proportion, give a hundred as a
dowry.
This law relating to the dowry shall be observed, without
controversy, in all matters great and small. Given and confirmed on
the second day of the Ides of January, and the third year of our
reign.
ANCIENT LAW.
VII. The Father shall Exact and Keep the Dowry of his
Daughter.
The father shall have the right to demand and keep the dowry of
his daughter. If the father or mother should not be present, then the
brothers, or the nearest relatives, shall receive the dowry, and
deliver it untouched to their sister.
ANCIENT LAW.
VIII. In case of the Death of the Father, the Disposition
of the Children, of Both Sexes, in Marriage, shall belong to
the Mother.
If the father should be dead, the right to dispose of the children
of both sexes in marriage shall belong to the mother. If the mother
also should be dead, or if she should have married a second time,
the brothers shall have the right to select the husbands or wives for
the other children. But if any of the brothers should not be of age,
which is indispensable when their brother or sister is to be disposed
of in marriage; then the paternal uncles shall have that authority.
Where a brother is of full age, and declines the advice of his
relatives, he shall have the power to marry without their consent.
But if a suitor, equal to a sister in rank, should seek her in marriage;
then her uncle or her brother should consult with the other relatives
as to whether said suitor shall be accepted, or rejected, by common
consent.

IX. Where Brothers Defer the Marriage of their Sister, or


Where a Girl Marries beneath her Station.
If the brothers of the girl should put off her marriage, with the
expectation that she, taking refuge with her intended husband, may
lose what she would have inherited from her father according to law;
and they should repulse her suitor two or three times; the girl, as
soon as the deceit of her brothers becomes evident, should she
deem that her suitor is her equal in birth, shall then receive from her
brothers whatever property she is entitled to inherit from her
parents. But if, on the other hand, her brothers should do nothing to
affect the rights of their sister, but only cause delay in order to
provide her with a husband more worthy of her; and she, forgetful
of her modesty, and disregarding her rank, should marry a man
inferior to her in station; she shall lose what she would have
inherited from her parents, whether that inheritance has been
divided or not, but she shall still have the right to inherit from her
brothers and her sisters, and from any other relatives.
FLAVIUS CHINTASVINTUS, KING.
X. Where the Items of a Dowry, relating to any kind of
Property, are reduced to Writing, it shall not be Contested.
When any one is desirous of contracting marriage, either in his
own behalf, or in behalf of his son, or of any other relative; he shall
have a right to dispose of, as a dowry, any of his own property; or
any given him by the king; or any he has acquired legally, in any
way whatsoever. And whatever has lawfully been stated in writing to
be a dowry, by any person, shall be valid, as such, in every respect.
TITLE II. CONCERNING UNLAWFUL MARRIAGES.

I. Where a Woman Marries within a Year after the Death of her Husband.
II. Where a Freeborn Woman Marries a Slave, or her own Freedman.
III. Where a Freeborn Woman Marries the Slave of Another, or a Freeborn
Man the Female Slave of Another.
IV. Where a Freedwoman, or a Freedman, Marries the Slave of Another.
V. Where any one gives in Marriage his Slave, of Either Sex, to the Slave of
Another.
VI. Where a Woman contracts a Second Marriage in the Absence of her
Husband.
VII. Where a Master Marries one of his Slaves to a Freewoman, declaring him
to be a Freeman.
VIII. Where a Freewoman Marries without the Consent of her Parents.

ANCIENT LAW.
I. Where a Woman Marries within a Year after the Death
of her Husband.
If any woman, within a year after the death of her husband,
should marry another, or commit adultery, the children by her first
marriage shall receive half of her property; or, if there are no
children, the nearest heirs of the deceased husband shall receive
half of her property, by order of the court. We have especially
prescribed this penalty lest the woman, having been left pregnant by
her husband, and desiring to enter into a second marriage, should
destroy her unborn offspring. We decree, however, that those only
shall be exempt from the operation of this law, who marry within the
prohibited time under order of the king.

II. Where a Freeborn Woman Marries a Slave, or her own


Freedman.
If a freeborn woman should commit adultery with her own slave,
or freedman, or should marry him; as soon as this has been proved,
she shall be put to death; and both adulterer and adulteress shall be
publicly scourged before the judge, and burned. And whenever any
judge shall be convinced of the commission of such a crime, and
shall learn that any mistress has married her slave, or her freedman;
he shall at once cause them to be separated, in order that the sons
of her former husband, or those of his relatives entitled to it by legal
succession, may obtain possession of her property. But if heirs, to
the third degree, should be wanting, then all her property shall
belong to the royal treasury; for it is not proper that the children
born of such a marriage should be heirs. And the woman, whether
she be a virgin or a widow, shall be liable to the penalty
hereinbefore mentioned. But if she should take refuge at the altar,
and claim the privilege of sanctuary, she shall be given by the king
to whomever he chooses, to serve him forever as a slave.

III. Where a Freeborn Woman Marries the Slave of


Another, or a Freeborn Man the Female Slave of Another.
If any freeborn woman should marry, or commit adultery with
the slave of another, even though he should belong to the king; as
soon as this shall come to the knowledge of the judge, he shall
order the parties to be separated immediately, that they may suffer
the punishment they deserve, to wit: each one a hundred lashes.
And if, after this, they should commit the offence a second time, the
judge shall order them to be arrested and brought before him, and
they shall each receive another hundred lashes. And if they should
be guilty for the third time, they shall receive another hundred
lashes, and the woman shall be delivered over into the power of her
relatives. And if, at any time afterwards, her relatives should permit
her to return to the slave, she shall become the slave of the master
to whom the latter belongs. And whatever children shall be born of
this union shall follow the condition of the father, and remain in
slavery. The relatives of the woman, however, shall inherit her
property, according to the rules of inheritance. But if the children
who are born of this union shall prove, by a lawful witness, that for
thirty years they have been free, they shall be exempt from
servitude; provided that their parents, within the thirty years for
which time the children have proved themselves to be free, should
have rendered no service to their master, by reason of which their
children might be subject to slavery. And we direct that this law shall
also apply to freeborn men who marry the female slaves of the king,
or those of any one else whomsoever.
FLAVIUS CHINTASVINTUS, KING.
IV. Where a Freedwoman, or a Freedman, Marries the
Slave of Another.
If any woman who has been freed should unite herself with the
slave of another, or should marry him; the master of the slave shall
notify her three times, in the presence of three witnesses, to leave
him, and if, after the third notification, she should be unwilling to do
so, she shall become the slave of the master of him with whom she
is living. But if she should not have been notified before any children
are born, then she shall remain free. It is the rule that the blood
relations of a slave shall belong to his master, because those cannot
be free who are born in this condition. This law likewise shall apply
to men who have been set free, who unite with the slaves of others.
But if any woman who has been set free should marry the slave of
another, after the permission of the master has been granted,
through any contract or agreement with the latter, then such
contract shall be valid.

V. Where any one gives in Marriage his Slave, of Either


Sex, to the Slave of Another.
Whoever gives his female slave, as a wife, to the slave of
another, without the knowledge of the master of the latter, and this
should be established by certain proof, the said master shall have
the wife of the slave, along with all of her children, as his own
slaves. And he who marries the female slave of another to his own
slave, we ordain shall also be subject to this law.

VI. Where a Woman contracts a Second Marriage in the


Absence of Her Husband.
No woman, in the absence of her husband, shall have liberty to
marry another man until she has learned, by certain evidence, that
her husband is dead; and he, also, who wishes to marry her must
make diligent inquiry for that purpose. But if they should neglect to
do this, and should be unlawfully married, and afterwards the former
husband should return, they shall both be delivered up into his
power, to be disposed of at his will, and he shall have the right to
sell them or do whatever he pleases with them.
FLAVIUS CHINTASVINTUS, KING.
VII. Where a Master Marries one of his Slaves to a
Freewoman, declaring him to be a Freeman.
The acts of wicked men must be resisted, lest unbridled depravity
prevail. Many persons, induced by avarice, are accustomed to
wickedly deceive freeborn women and girls by inducing them to
accept their slaves as husbands, representing them to be freeborn;
in order that any children they have, may afterwards be reduced to
slavery. Therefore, that this fraud may be abolished, we decree by
the present law, that persons guilty of such deception shall be
branded with infamy; and those slaves who are found to have been
represented as freemen by the aforesaid evil-minded persons, shall
be, along with their children, forever free; just as if their masters
had publicly liberated them; and the women or girls who married
said slaves shall have, as their own, all the property which was
either received by, or promised to, them at the time of their
marriage; if they can establish by any suitable proof, that their
husbands were given to them under the representation that they
were free. But if any girl or woman, as aforesaid, or her parents,
should not be able to prove this; the master shall possess said girl or
woman, along with her children, as slaves, and shall be entitled to all
their property. And this law shall also apply to those female servants
who are known to have married freemen under similar
circumstances of fraud, as well as to persons who have been set
free, and who are proved to have married the slaves of others.
ANCIENT LAW.
VIII. Where a Freewoman Marries without the Consent of
her Parents.
If any freeborn girl should marry a freeman before the latter has
consulted her parents, and if he then should obtain consent to have
her as his wife, he shall pay the legal dowry to her parents; but if he
can not furnish that sum, the girl shall be again placed under their
control. If she should have been voluntarily married without the
consent and knowledge of her parents, and they should then be
unwilling to receive her, she shall not inherit along with her brothers,
for the reason that she married without the permission of her
parents. If her parents should give her any of their property, she
shall have full liberty to dispose of it at her pleasure.
TITLE III. CONCERNING THE RAPE OF VIRGINS, OR WIDOWS.

I. Where a Freeman carries off a Freewoman by Force, he shall not be


permitted to Marry her, if she was a Virgin.
II. Where Parents remove their Daughter from the Power of a Ravisher.
III. Where the Parents of a Girl, who has been Betrothed, consent that She
should be Carried Away by Another.
IV. Where Brothers, either during the Life of their Father, or after his Death,
consent that any one should Carry Away their Sister by Force.
V. Where any one Carries Away by Violence a Woman who was Betrothed
to Another.
VI. Where a Ravisher is Killed.
VII. Within what Time it is Lawful to Prosecute a Ravisher; and Whether any
Marriage Contract can be entered into with Him by the Girl or her
Parents.
VIII. Where a Slave carries off a Freewoman by Force.
IX. Where a Slave carries off a Freedwoman by Force.
X. Where a Slave carries off the Female Slave of Another by Force.
XI. Concerning those who Deceive Girls, or the Wives of Others, or Widows;
and Concerning those who Compel by Force, and without the Royal
Command, any Freeborn Girl or Widow to take a Husband.
XII. Concerning Freemen and Slaves who are Proved to have been Implicated
in the Crime of Rape.

ANCIENT LAW.
I. Where a Freeman carries off a Freewoman by Force, he
shall not be permitted to Marry her, if she was a Virgin.
If any freeman should carry off a virgin or widow by violence,
and she should be rescued before she has lost her chastity, he who
carried her off shall lose half of his property, which shall be given to
her. But should such not be the case, and the crime should have
been fully committed, under no circumstances shall a marriage
contract be entered into with him; but he shall be surrendered, with
all his possessions, to the injured party; and shall, in addition,
receive two hundred lashes in public; and, after having been
deprived of his liberty, he shall be delivered up to the parents of her
whom he violated, or to the virgin or widow herself, to forever serve
as a slave, to the end that there may be no possibility of a future
marriage between them. And if it should be proved that she has
received anything from the property of the ravisher, on account of
her injury, she shall lose it, and it shall be given to her parents, by
whose agency this matter should be prosecuted. But if a man who
has legitimate children by a former wife should be convicted of this
crime, he alone shall be given up into the power of her whom he
carried off; and his children shall have the right to inherit his
property.[16]
FLAVIUS RECESVINTUS, KING.

II. Where Parents remove their Daughter from the Power


of a Ravisher.
If the parents of the woman or girl who has been carried off
should rescue her, the ravisher shall be given up to them, and, under
no condition whatever, shall she be permitted to marry him; and
should they presume to marry, both shall be put to death. If,
however, they should take refuge with the bishop, or should claim
the privilege of sanctuary, their lives shall be granted them; but they
shall be separated and delivered over as slaves to the parents of the
woman.

III. Where the Parents of a Girl, who has been Betrothed,


consent that she should be Carried Away by Another.
If parents should connive at their daughter being carried away,
after she has been betrothed to another, they shall be compelled to
pay the latter four times the amount of the dowry agreed upon; and
the ravisher shall be delivered up as a slave, absolutely, under the
law, to the man who was betrothed to the girl.
ANCIENT LAW.
IV. Where Brothers, either during the Life of their Father,
or after his Death, consent that any one should Carry Away
their Sister by Force.
If, during the life of their father, any brothers should consent to,
or connive at, the carrying off of their sister, they shall receive the
penalty to which ravishers are liable, excepting that of death. But it,
after the death of their father, they should give up their sister to a
ravisher, or permit her to be carried off by him; for the reason that
they have disposed of her in marriage to a person of vile character,
or against her own will, when they should have protected her honor,
they shall lose the half of their property, which shall be given to their
sister, and, in addition, they shall each receive fifty lashes in public:
so that others, admonished by this, may take warning. All
accessories, who were present, shall receive the punishment
prescribed by another law. And the ravisher, inexcusable by a former
law, shall lose both his property and his rank.
ANCIENT LAW.
V. Where any one Carries away by Violence a Woman
who was Betrothed to Another.
If any one should carry off a woman betrothed to another, we
hereby decree that half of the property of the ravisher shall be given
to the girl, and the other half to her betrothed. But if he should have
little or no property, he shall be given up, with all his possessions, to
those above mentioned; so that the ravisher having been sold as a
slave, they may have an equal share in the price paid for him. The
ravisher himself, if the crime shall have been consummated, shall be
punished.
ANCIENT LAW.
VI. Where a Ravisher is Killed.
If any ravisher should be killed, it shall not be considered criminal
homicide, because the act was committed in the defence of chastity.
FLAVIUS CHINTASVINTUS, KING.
VII. Within what Time it is Lawful to Prosecute a
Ravisher; and Whether any Marriage Contract can be
entered into with Him by the Girl or her Parents.
The ravisher of a virgin or a widow can only be prosecuted within
thirty years after the commission of the crime. If a marriage contract
should be entered into by him with the parents of the girl, or with
the girl herself, or with the widow, said contract shall not be illegal.
After thirty years have elapsed, as aforesaid, all prosecutions shall
be barred.[17]
FLAVIUS RECESVINTUS, KING.

VIII. Where a Slave carries off a Freewoman by Force.


It is the province of equity to make laws concerning the future,
where doubt exists in the present. Where slaves, with the
knowledge, or under the order of their master, carry off any woman
by force, the master shall be required by the judge to give the
satisfaction required by law. And if slaves should perpetrate such
crimes against the will of their master, they shall be arrested by the
judge, and, after having been scalped, shall receive three hundred
lashes with the scourge. Any slave who has violated a freeborn
woman shall undergo the extreme penalty of the law.
FLAVIUS CHINTASVINTUS, KING.

IX. Where a Slave carries off a Freedwoman by Force.


If a slave should be convicted of having carried off a woman who
has been freed, and if the said slave is of good character, and the
woman also, his master shall pay a hundred solidi on his behalf.
Should he be unwilling to do this, he must surrender the slave,
without delay, so that it may not be possible for him to marry the
woman. If, however, they should be married at any time, and
children should be born to them, the master shall have both the
slave and his children, as slaves. But if a slave should be known to
be coarse and degraded, and should be convicted of having carried
off a freedwoman of good character, his master shall pay to the
aforesaid woman as much as the slave is worth, and the latter shall
receive a hundred lashes with the scourge, shall be scalped, and
shall forever remain in servitude in the power of his master.
FLAVIUS CHINTASVINTUS, KING.
X. Where a Slave carries off the Female Slave of Another
by Force.
If a slave should carry off the female slave of another by force,
he shall receive two hundred lashes, and have his head shaved; and,
if the master of the female slave desires it, he shall be separated
from her.

XI. Concerning those who Deceive Girls, or the Wives of


Others, or Widows; and Concerning those who Compel by
Force, and without the Royal Command, any Freeborn Girl or
Widow to take a Husband.
Everything that pollutes the honor and dignity of human life must
be restrained by law. Therefore those who solicit wives to commit
adultery, or deceive the daughters of others; or widows; or women
who are betrothed; whether they use, as their agents, persons who
have been freed, or who are born free, or slaves of either sex; as
soon as their crime shall be made apparent by positive testimony,
they shall be arrested, along with their emissaries, by order of the
judge; and shall be delivered up into the power of him, whose wife,
daughter, or betrothed relative, they are convicted of having
solicited, to be disposed of at his pleasure; as he is the person
whom the conjugal condition, or the relationship by blood,
designates as the legal avenger of such a crime. Any person who
shall, by force, compel a freeborn girl or widow, without the royal
order, to take a husband, shall be compelled to pay five pounds of
gold to him to whom the injury was done; and the marriage shall be
declared void, unless the woman shall consent to it of her own free
will.
THE GLORIOUS FLAVIUS RECESVINTUS, KING.
XII. Concerning Freemen and Slaves who are Proved to
have been Implicated in the Crime of Rape.
Any one who is known to have assisted, or to have been present,
at the carrying off of any woman by force, if he is a freeman, shall
pay a fine of six ounces of gold, and shall publicly receive fifty lashes
with the scourge. If he is a slave, and acted without the consent of
his master, he shall receive a hundred lashes. But if he should
commit this crime with the consent of his master, the latter must
give such satisfaction in his stead as has already been stated.
TITLE IV. CONCERNING ADULTERY.

I. Where a Woman Commits Adultery with, or without, the Connivance of


her Husband.
II. Where a Girl or a Woman who has been Betrothed is found Guilty of
Adultery.
III. Concerning the Adultery of a Wife.
IV. Where an Adulterer, along with an Adulteress, is Killed.
V. Where her Father, or her Relatives, Kill a Girl who has been Guilty of
Adultery in their House.
VI. It is not Lawful for Slaves to put Persons to Death who are taken in
Adultery.
VII. Where a Girl, or a Widow, goes to the House of Another, in order to
commit Adultery, and the Man should wish to Marry Her.
VIII. Where a Freeborn Woman commits Adultery with Any One.
IX. Where a Freeborn Woman commits Adultery with the Husband of
Another.
X. Slaves of Both Sexes may be Tortured to reveal the Adultery of their
Masters.
XI. Whether it shall be Lawful to set a Slave at Liberty, in order to Conceal
the Crime of Adultery.
XII. Concerning the Property of Husbands or Wives who have committed
Adultery.
XIII. Concerning those Persons who have a Right to bring Accusations of
Adultery, and what Proof of the Crime should be Made.
XIV. Where a Freedman, or a Slave, has been Convicted of having
committed Adultery, with Violence, upon a Freeborn Virgin, or Widow.
XV. Where a Freeman, or a Slave without the Knowledge of his Master,
commits Adultery with the Female Slave of Another.
XVI. Where a Female Slave is proved to have committed Adultery with
Another by Force.
XVII. Concerning Freeborn Women, or Female Slaves, of Bad Character; and
Where Judges Refuse to Investigate, or Punish their Crimes.
XVIII. Concerning the Impurity of Priests and other Ministers of Religion.

ANCIENT LAW.
I. Where a Woman Commits Adultery with, or without,
the Connivance of her Husband.
If any one should have intercourse with the wife of another by
force, and the party who committed the crime should have

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