Vll.24.i. Since in our times, in which we take great pains for the liberty of our subjects, we consider it ungodly that certain women are cheated of their liberty and, because slavery was introduced against natural liberty by the ferocity of the enemy, and this has been brought about by the depravity of the worst of men, we desire to suspend from henceforth the Claudian senatusconsultus and all its observations about the declarations and sentences of judges, lest she who is by right free, but once seduced or taken in flagrante delictu or who was drawn down in any other way whatsoever from the free state of her ancestors to a condition of slavery, and lest she should be the worst disgrace on the renown of her relations---as one who, perhaps, had relations graced with dignities---and should fall under the rule of another and, perhaps, should fear that her lord be inferior to her relatives: therefore, in a free people it ought to be observed that the religion of my times in no way suffers that a woman once possessed of liberty should be reduced to servitude by such infamy. But lest slaves or adscripticii should think such effort would go unpunished, which is a thing greatly to be feared in the case of adscripticii, and lest the condition of free women should be depressed by marriages contrived by men of this kind, we decree that if any such thing be perpetrated, either by a slave or by an adscripticius, his master is to have power, either through the president of the province or of his own accord, to correct with suitable punishment such a slave or bondsman, and to separate him from such a woman. But if he should fail to do this, let him know that negligence of this kind will bring recriminations.

Source.

From: P. Krueger, ed., Codex Justinianus, (Berlin, 1877), p. 659; reprinted in Roy C. Cave & Herbert H. Coulson, eds., A Source Book for Medieval Economic History, (Milwaukee: The Bruce Publishing Co., 1936; reprint ed., New York: Biblo & Tannen, 1965), pp. 266-267.

Scanned by Jerome S. Arkenberg, Cal. State Fullerton. The text has been modernized by Prof. Arkenberg.

This text is part of the Internet Medieval Source Book. The Sourcebook is a collection of public domain and copy-permitted texts related to medieval and Byzantine history.

Unless otherwise indicated the specific electronic form of the document is copyright. Permission is granted for electronic copying, distribution in print form for educational purposes and personal use. If you do reduplicate the document, indicate the source. No permission is granted for commercial use.

© Paul Halsall, October 1998
halsall@fordham.edu

The Internet History Sourcebooks Project is located at the History Department of  Fordham University, New York. The Internet Medieval Sourcebook, and other medieval components of the project, are located at the Fordham University Center for Medieval Studies.The IHSP recognizes the contribution of Fordham University, the Fordham University History Department, and the Fordham Center for Medieval Studies in providing web space and server support for the project. The IHSP is a project independent of Fordham University.  Although the IHSP seeks to follow all applicable copyright law, Fordham University is not the institutional owner, and is not liable as the result of any legal action.

© Site Concept and Design: Paul Halsall created 26 Jan 1996: latest revision 15 November 2024 [CV]