The Visigothic code

BOOK III.

Chapter 3982 wordsPublic domain

CONCERNING MARRIAGE.

TITLE I.--_Concerning Nuptial Contracts._

I. Marriage shall not be Entered Into without a Dowry 75

II. It shall be as Lawful for a Roman Woman to Marry a Goth, as for a Gothic Woman to Marry a Roman 76

III. Where a Girl Marries against the Will of her Father, while she is Betrothed to Another 76

IV. When a Gift is made by way of Pledge, a Nuptial Contract cannot be Rescinded 77

V. Women Advanced in Years shall not Marry Young Men 77

VI. What Property the Dowry shall consist of 79

VII. The Father shall Exact, and Keep, the Dowry of his Daughter 79

VIII. In case of the Death of the Father, the Disposition of the Children of both Sexes, in Marriage, shall belong to the Mother 81

IX. Where Brothers Defer the Marriage of their Sister, or Where a Girl Marries Beneath her Station 81

X. Where the Items of a Dowry, relating to any kind of Property, are reduced to Writing, it shall not be Contested 82

TITLE II.--_Concerning Unlawful Marriages._

I. Where a Woman Marries within a Year after the Death of her Husband 83

II. Where a Freeborn Woman Marries a Slave, or her own Freedman 83

III. Where a Freeborn Woman Marries the Slave of Another, or a Freeborn Man the Female Slave of Another 84

IV. Where a Freedwoman, or a Freedman, Marries the Slave of Another 85

V. Where Anyone gives in Marriage his Slave, of Either Sex, to the Slave of Another 85

VI. Where a Woman contracts a Second Marriage in the Absence of her Husband 86

VII. Where a Master Marries one of his Slaves to a Freewoman declaring him to be a Freeman 86

VIII. Where a Freewoman Marries without the Consent of her Parents 87

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 88

II. Where Parents remove their Daughter from the Power of a Ravisher 89

III. Where the Parents of a Girl, who has been Betrothed, consent that she should be Carried Away by Another 90

IV. Where Brothers, either during the Life of their Father, or after his Death, consent that Anyone should Carry Away their Sister by Force 90

V. Where Anyone Carries Away by Violence a Woman who was Betrothed to Another 90

VI. Where a Ravisher is Killed 91

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 91

VIII. Where a Slave carries off a Freewoman by Force 92

IX. Where a Slave carries off a Freedwoman by Force 92

X. Where a Slave carries off the Female Slave of Another by Force 92

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 93

XII. Concerning Freemen and Slaves who are Proved to have been Implicated in the Crime of Rape 93

TITLE IV.--_Concerning Adultery._

I. Where a Woman Commits Adultery, with or without the Connivance of her Husband 95

II. Where a Girl or a Woman who has been Betrothed, is found Guilty of Adultery 95

III. Concerning the Adultery of a Wife 96

IV. Where an Adulterer, along with an Adulteress, are Killed 96

V. Where her Father, or her Relatives, Kill a Girl who has been Guilty of Adultery in their House 96

VI. It is not Lawful for Slaves to put Persons to Death who are taken in Adultery 97

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 97

VIII. Where a Freeborn Woman commits Adultery with Anyone 97

IX. Where a Freeborn Woman commits Adultery with the Husband of Another 98

X. Slaves of Both Sexes may be Tortured to Reveal the Adultery of their Masters 98

XI. Whether it shall be Lawful to set a Slave at Liberty, in order to Conceal the Crime of Adultery 98

XII. Concerning the Property of Persons who have Committed Adultery 99

XIII. Concerning those Persons who have a Right to bring Accusations of Adultery, and what Proof of the Crime should be Made 100

XIV. Where a Freedman, or a Slave, has been Convicted of having committed Adultery, with Violence, upon a Freeborn Virgin, or Widow 101

XV. Where a Freeman, or a Slave, without the Knowledge his Master, commits Adultery with the Female Slave of Another 102

XVI. Where a Female Slave is proved to have committed Adultery with Another by Force 102

XVII. Concerning Freeborn Women, or Female Slaves, of Bad Character, and Where Judges Refuse to Investigate, or Punish their Crimes 102

XVIII. Concerning the Impurity of Priests and other Ministers of Religion 104

TITLE V.--_Concerning Incest, Apostacy, and Pederasty._

I. Concerning Incestuous and Adulterous Marriages in General 106

II. Concerning Incestuous and Adulterous Marriages and Debauchery, either with Holy Virgins, or with Widows and other Women while doing Penance 107

III. Concerning Men and Women who Illegally Assume the Tonsure and Dress of Religious Orders 108

IV. Concerning the Restraint of Fraud Peculiar to Widows 109

V. Concerning Pederasty 110

VI. Concerning Sodomy, and the Manner in which the Law should be Enforced 111

VII. Concerning Adultery committed with the Concubine of a Father or a Brother 111

TITLE VI.--_Concerning Divorce, and the Separation of Persons who have been Betrothed._

I. Where a Woman, justly or unjustly, is Separated from her Husband 113

II. There shall be No Divorce between Married Persons 114

III. There shall be No Divorce between Persons who are Betrothed 116