THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
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WHERE
ONE OF TWO SLAVES WHO WERE MARRIED OBTAINS HIS OR HER FREEDOM. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
It is not only when marriage is originally contracted between a free person and a slave that various ambiguities and questions arise, for the reason that such matters have not been settled by law, but the following point is often discussed, namely, where two slaves marry, and one of them is given freedom by his or her master, and the other remains in servitude, thus causing an inequality of status. Therefore, as it is proper for such matters to be legally decided, We have enacted the following law with this end in view. What is this law? We order that where two married persons are slaves, and one of them is liberated, but desires to remain united to the one still in servitude, the marriage will not continue to exist without being subject to the same rule which regulates the matrimonial union of free persons with slaves. The individual upon whom freedom is bestowed must refuse to accept it, and undergo the yoke of servitude with the other who is still deprived of freedom until the death of their master; or if he should be unwilling to do this, he must bind himself to pay the price of his companion. When, however, he neglects to do so, and, taking advantage of his own liberty, attempts to release his wife who is still in bondage, not only shall this insolent design fail of its object, but he himself shall forfeit his own freedom, and must again be reduced to servitude for having been unappreciative of the kindness and generosity of his master, and, by his opposition, shown contempt for his good intention, which should be reciprocated and honored. |
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