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 Preface to the Second Edition

The second edition opens with a new chapter (Chapter 1)

describing a geometrical approach to the system of real numbers.
The focus is on the limit operations of quantities measured by
numbers, which are crucial in mathematical analysis. In the
following three chapters (Chapters 2-4), the basic material on
topology in the first edition, has been reorganized and revised with
Poul G. Hjorth.
The fundamental concept of compactness in metric and
topological spaces is treated in Chapter 3, and in more detail than
in the first edition. In the theory of metric spaces, the notion of a
sequentially compact space is defined by a convergence property
of sequences in the space. In the theory of topological spaces, the
more general notion of a compact space is defined through a
refinement property of coverings of the space with open sets. In
the second edition, the two notions of compactness are developed
with independent proofs of the main results. Thereby the material
on compactness is apt for applications also in functional analysis,
where the notion of sequentially compactness prevails.
The material on differentiability in normed vector spaces in the
first edition, has also been reorganized. Chapter 5 concentrates
on the first derivative of a differentiable mapping, and a new
section on partial derivatives has been added. Higher order
derivatives are treated in Chapter 6, where new material has been
added to make a more complete account. The additions include
proofs of symmetry of higher order derivatives and of Taylor’s
formula.
In Chapter 7, the theory developed in the preceding chapters
is applied to the foundations of differentiable manifolds with a view
towards global analysis and differential geometry and topology. In
Chapter 8 we offer an elementary introduction to singularity theory
in finite dimensions, and in Chapter 9 to Morse theory in infinite
dimension. The material in Chapters 7-9 is, except for minor

7
revisions, identical to the material in the last three chapters of the
first edition.
Most of the figures in the book have been redrawn and more
descriptive captions have been added to the figures.
The exercise material has been reorganized from a collection
of problem sets at the end of the book to a section at the end of
each chapter with exercises and further results. Several new
exercises have been added.
In the layout of the book, the text has been marked with
various symbols to clarify the structure. The completion of a Proof
has been marked with a , the end of an Example with a , and
the end of a Remark with a .
I am grateful to my colleagues Jens Gravesen, Steen
Markvorsen, Michael Pedersen, Morten Brøns, Andreas Aabrandt
and Kristoffer Jon Albers for constructive remarks, technical
assistance and helpful comments over the years.
In a recent class based on material from the first edition of the
book and conducted by Hjorth, a number of students have
supplied valuable comments and minor corrections to the text. In
particular Hjorth and I would like to thank Tobias Boklund, Lukas
Kluge, Lasse Mohr Mikkelsen, Asger Limkilde and Aksel Kaastrup
Rasmussen.

Technical University of Denmark, August 2019

Vagn Lundsgaard Hansen

8
9
 Preface to the First Edition

Many advanced mathematical disciplines, such as global

differential geometry, the calculus of variations, dynamical
systems and the theory of Lie groups, have a common foundation
in general topology and analysis in normed vector spaces. The
purpose of this book is to introduce students to basic parts of this
foundation and to give them a firm basis for further studies of
mathematics.
This book derives from a course at the advanced
undergraduate or beginning graduate level offered to engineering
students at the Technical University of Denmark. The intention of
the course is to give the mathematically inclined and interested
engineering students an opportunity to go into some depth with
fundamental mathematical notions from analysis that are
important not only from a mathematical point of view but also
occur frequently in theoretical parts of the engineering sciences,
and to introduce them to proofs in mathematics and to
mathematical reasoning. It is my hope that the book will also
appeal to university students in mathematics and in the physical
sciences.
The book opens with a study of fundamental concepts from
general topology: metric spaces, topological spaces,
compactness, connectedness, function spaces. Then follows a
study of fundamental concepts in analysis: normed vector spaces,
differentiability in normed vector spaces, and the Inverse Function
Theorem in Banach spaces. The theory developed is applied to
lay the foundations of differentiable manifolds with a view towards
global analysis and differential geometry. In the last two chapters
we offer elementary introductions to singularity theory in finite
dimensions, respectively Morse theory in infinite dimension.
Major parts of the book are a translation and revision of the
lecture notes “Grundbegreber i den Moderne Analyse” for the
above-mentioned course, published in 1986 by the Department of

10
Mathematics, Technical University of Denmark. The English
translation of the first three chapters has been prepared with the
very efficient help of Dan Erik Krarup Sørensen. The figures were
drawn by Beth Beyerholm.
I am grateful to several people for valuable comments on the
material in the book. In particular, I am indebted to the students
who tested the material in practice. Among them, Jonas Bjerg,
Peter Gross, Lars Gæde, Christian Henriksen, Jan Kristensen,
Jens Christian Larsen, Anders Høst-Madsen, Thomas Randrup,
Henrik Obbekær Rasmussen, Peter Røgen and Dan Erik Krarup
Sørensen deserve particular mentioning for detailed comments.
Jennifer Brockbank suggested many improvements in the
translation of the first chapters.
My late colleague Niels Vigand Pedersen was a most valued
discussion partner at the early stages of the Danish book.
It is a particular joy to thank my good colleague Poul Hjorth
who has lectured on the material in the book and has contributed
many valuable remarks. As a special favour, he has read most of
the text and has suggested several improvements in the
language. In this connection, I am also very grateful to Robert
Sinclair.

Lyngby, February 1999 Vagn Lundsgaard Hansen

11
12
 Preliminary Notions

There are certain standard notations and terminologies used

throughout mathematics. In this explanatory note we list some of
these.

Logical symbols

∀ for all
∃ there exists
: such that
⇒ implies
⇔ if and only if
∧ and
∨ or
⊆ subset
⊇ proper subset
∈ belongs to
∉ does not belong to

Sets of numbers

the natural numbers

the integers
the rational numbers
the irrational numbers
the real numbers
+ positive numbers
non-negative numbers
the complex numbers

13
Notions from set theory

A set S can be declared by listing the elements. For example,

S = {x | x has property }
denotes a set S of elements x characterized by a given property
. The property will often be expressed in terms of logical
symbols.
Below we list some basic sets and constructions with sets.
the empty set
A⋃B the union of sets A and B, i.e. {x | x ∈ A ∨ x ∈ B}
A⋂B the intersection of sets A and B, i.e. {x | x ∈ A ∧ x ∈ B}
A⊔B the union of disjoint sets A and B, i.e. A ∩ B =
union of sets Aα indexed by α in an index set I
intersection of sets Aα indexed by α in an index set I
A×B the product set of A and B, i.e. {(x, y) | x ∈ A, y ∈ B}
S\A the set difference, i.e. {x ∈ S | x ∉ A}

Notions related to mappings

f:A a mapping of A into B
→B
f(A) the image of f, i.e. f (A) = {b ∈ B | ∃a ∈ A : f(a) = b}
f−1(C) the preimage of subset C ⊆ B under the mapping f : A
→ B, i.e. f−1(C) = {a ∈ A | f(a) ∈ C}

Relations and equivalence classes

A relation ~ in a set S is a subset R ⊆ S × S, i.e. a distinguished
set of ordered pairs of points x, y ∈ S. We write x ~ y if (x, y) ∈ R.
The relation ~ is called an equivalence relation if
(i) x ~ x (~ is reflexive)
(ii) x ~ y ⇒ y ~ x (~ is symmetric)
(iii) (x ~ y) ∧ (y ~ z) ⇒ x ~ z (~ is transitive).

14
 If ~ is an equivalence relation in S, then S can be partitioned
into a corresponding system of disjoint subsets, so-called
equivalence classes Sα, indexed by α ∈ I, and defined by

If on the other hand,

then we can define a relation ~ in S by

Clearly ~ is an equivalence relation in S.

An equivalence relation in a set S and a partition of S into a
disjoint union of equivalence classes amounts in other words to
the same thing.
If ~ is an equivalence relation in S, the set of equivalence
classes is denoted by and denotes the mapping
which to an element x ∈ S associates its equivalence class
.

15
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16
 Contents

Preface to the Second Edition

Preface to the First Edition
Preliminary Notions

Chapter 1: It Began with the Numbers

1.1 A geometric approach to the real numbers
1.1.1 Marking the rational numbers
1.1.2 Catching the real numbers
1.1.3 Digesting the real numbers
1.2 Supremum and infimum
1.2.1 Ordering relations
1.2.2 Existence of supremum and infimum
1.3 On the nature of proof in mathematics
1.3.1 Division with remainder
1.3.2 The isoperimetric problem
1.3.3 A surprising limit process
1.4 Aesthetics and the search for simplicity
1.4.1 An appealing proof
1.4.2 The importance of simplicity
1.5 Cardinality of sets of real numbers
Exercises and Further Results

Chapter 2: Basic Concepts in Topology

2.1 The classical setting for continuity
2.2 Continuity of mappings in metric spaces
2.3 The topology of a metric space
2.4 Topological spaces
2.5 Local theory in topological spaces
2.5.1 Neighbourhoods
2.5.2 Continuity at a point
2.5.3 Basis for a topology

17
 2.6 Points in relation to a subset
2.7 Closed sets
2.8 The closure of a set
2.9 Limit points. Hausdorff spaces
Exercises and Further Results

Chapter 3: Advanced Concepts in Topology

3.1 Compact sets
3.2 Compact sets in Euclidean spaces
3.3 Infinite subsets of compact sets
3.4 Sequentially compact sets in Euclidean spaces
3.5 Completeness of metric spaces
3.6 Continuous mappings of compact sets
3.7 Homeomorphisms
3.8 Connected sets
Exercises and Further Results

Chapter 4: Metric Structures in Vector Spaces

4.1 Normed vector spaces and their metric properties
4.2 Linearity and continuity
4.3 The operator norm for a bounded linear operator
4.4 Completeness of normed vector spaces
4.5 Integration of functions with values in a Banach space
Exercises and Further Results

Chapter 5: Differentiation in Normed Vector Spaces

5.1 Differentiability in the classical setting
5.2 Differentiability in normed vector spaces
5.3 Interpretation of differentiability in special cases
5.3.1 Functions of one real variable
5.3.2 Real-valued functions of several variables
5.3.3 Vector-valued functions of several variables
5.4 Some important rules from calculus
5.5 The first derivative of a differentiable mapping
5.6 Mean value theorems
5.7 Partial differentials
5.8 Toplinear isomorphisms
5.9 The Inverse Function Theorem (C1 mappings)
Exercises and Further Results

18
Chapter 6: Higher Order Derivatives
6.1 Multilinear mappings
6.2 Banach spaces of multilinear mappings
6.3 Higher order derivatives
6.4 Higher order derivatives in finite dimensions
6.5 Higher order derivatives of multilinear mappings
6.6 Symmetry of higher order derivatives
6.7 Taylor’s formula
6.8 The Inverse Function Theorem
Exercises and Further Results

Chapter 7: Differentiable Manifolds

7.1 Solution sets for nonlinear equations
7.2 Manifolds
7.3 Differentiable mappings
7.4 Tangent spaces
7.5 The tangent bundle
7.6 Vector fields
7.7 Induced mappings
7.8 Immersions, submersions, embeddings, submanifolds
7.9 Transversality
Exercises and Further Results

Chapter 8: An Introduction to Singularity Theory

8.1 Equivalence of germs
8.2 Regular germs
8.3 Germs ( , 0) → ( , 0) of finite order
8.4 Morse germs
8.5 Whitney Ck-topology on function spaces
8.6 How to prove results about genericity?
8.6.1 The space of smooth mappings of into
8.6.2 Spaces of immersions
8.6.3 A space of Morse functions
Exercises and Further Results

Chapter 9: An Introduction to Geometric Variational Problems

9.1 Fermat’s principle for light propagation
9.2 Triangles as optimal figures
9.3 The isoperimetric problem for closed polygons

19
 9.4 The general isoperimetric problem
9.5 Elements of the history of calculus of variations
9.6 Minima for rubber bands on rigid cylinders
9.6.1 The problem
9.6.2 Energy and degree of a circle map
9.6.3 Estimate of the energy of maps
9.6.4 Manifolds of maps
9.6.5 Final comments
Exercises and Further Results
Bibliography
List of Symbols
Index

20
21
 Chapter 1

It Began with the Numbers

The development of mathematical analysis is intimately related to

developing a system of numbers where in harmony with
arithmetical operations like addition, multiplication and division
you can also perform appropriate limit operations of quantities
measured by the numbers.
Numbers originated in the early needs of mankind for counting
and for measuring in relation to both quantities and spatial
objects. A particularly interesting early mathematical artefact is the
Ishango bone found in 1960 on the shores of Lake Edward on the
border of Uganda and Zaire. The bone is named after a small
settlement living at this location in prehistoric times and it is
generally supposed to be about 11,000 years old. There is
evidence that the Ishango man has carved the bone according to
some kind of pattern. The carvings could indicate that some
arithmetic was done. Other observations suggest that the bone
could have been a lunar calendar, but it all remains speculations.
There is evidence of mathematical activities in Africa more than
30,000 years ago, and after the Ishango bone was found in 1960,
it has generally been accepted that mathematics in ancient Egypt
in relation to the pyramids and surveying have an African
background. From Egypt mathematics found its way to
Mesopotamia, where the mathematical source material is known
from about 1800 BC.
Neither in the above-mentioned early cultures nor in ancient
China, with known mathematical sources from about 300 BC, is
there any evidence of systematic formal mathematical theories or
proofs of mathematical results. Such activities began with the
Greeks around 600 BC.
The Greeks discovered to their dismay the existence of
irrational quantities, which could not be measured by fractions of

22
whole numbers, and hence turned to develop a geometric theory
of proportions. With this theory they could measure irrational
quantities such as the area of a circle by approximating it with
regular polygons - the beginnings to limiting processes. But there
was still a long way to go to develop an abstract number system in
which such limiting processes could be formalized.
It took humankind more than 2,000 years after the Greek
contributions before the real number system as we know it today
was finally developed shortly before 1900. We begin this chapter
by sketching a geometric approach to the real number system.

1.1 A geometric approach to the real numbers

The real number system is a highly abstract structure, the
understanding of which can be eased by linking the numbers to
points on an oriented line -a number axis. It has to be admitted at
once that one of the deep basic difficulties in the foundations of
mathematics, consists in formally linking the real numbers to
points on a (mathematical) line, which in itself is a highly abstract
construct. A geometric approach offers a good intuitive feeling,
however, and provides a path to more rapid progress in the early
stages without being stuck with deep philosophical and set
theoretical questions. And a geometric approach can even help to
illuminate the profound nature of the philosophical problems in the
foundations of mathematics.
Choose an oriented axis: a line with a preferred sense of
direction; cf. Figure 1.1. The choice of the axis is arbitrary but
once chosen, it is kept fixed. Furthermore, we choose a fixed
subdivision of the oriented axis into intervals of equal lengths.

1.1.1 Marking the rational numbers

We can mark the integers (whole numbers) ,

along the division points, by choosing one of the division points as

0 and marking the positive integers in the positive direction
according to the chosen orientation of the axis, and the negative
integers in the opposite direction from 0. The positive integers,

23
called the natural numbers , have been employed by humans in
an intuitive and non-conceptual manner, even in the oldest
cultures; some cultures did not go beyond 2, though. Much later,
the negative integers were introduced by Hindu mathematicians to
represent ‘deficits’; the first use of negative numbers is often
ascribed to Brahmagupta about 628, but it goes back to about 400
AD. It was also around that time the Hindus began to use the
number ‘zero’ as a usual number; earlier the Egyptians and the
Greeks (sources from about 300 BC) had used ‘zero’ only as a
‘place-holder’ to indicate the absence of a number.
If we subdivide each of the intervals of equal length on the
oriented axis marked by the integers, in q subintervals of equal
length, we get a set of division points along which we can mark all
fractions with a denominator q and an arbitrary integer p as
numerator, the numbers p/q. By letting q run through all the
natural numbers we can thereby mark all fractions, representing
the so-called rational numbers , along the oriented axis.

Fig. 1.1 On the real number axis, the number can clearly be located by a
simple geometrical construction. The number is, however, not a rational
number.

1.1.2 Catching the real numbers

We now realize that there are points on the axis that have not yet
been included: there are ‘holes’ in the axis. For example, the
Greeks discovered that the diagonal of the unit square is a
quantity that cannot be represented by a rational number. If we lay
down this length from 0 we arrive at a new point, ; cf. Figure 1.1.
Before long we realize that there are many more ‘holes’ in the axis
than points corresponding to rational numbers: examples include
and π.
We now introduce the real numbers as the magnitudes
represented by the lengths of intervals with one of the endpoints
at 0 and the other endpoint at an arbitrary point on the given

24
Other documents randomly have
different content
injury upon them; or should cause them any vexation or annoyance;
or should oppose them as members of an opposite political faction;
he shall be at once delivered up as a slave to those against whom he
committed these offences. And, indeed, it is impious that when a
condition of slavery has been abolished, the dignity of freedom
should be degraded; and that, while the slave is exalted, the master
is abased, and the children of the latter suffer injury, because the
slave has power to inflict it.
FLAVIUS RECESVINTUS, KING.
XVIII. Freedmen who have Entered any Religious Order,
shall not be Returned to the Service of their Masters.
Any freedman who has been honored by presentation to the
Church by his master, or whom the condition of his emancipation, or
his membership in a religious order, has devoted to the service of
the Church, can under no circumstances whatever, be returned to
the control of his former master, or of his heirs. For whatever is
known to belong to God can never be again subjected to the
dominion of man.
THE GLORIOUS FLAVIUS EGICA, KING.
XIX. In what manner Royal Freedmen and their
Descendants shall Defend the King, while Serving in the
Army; and with whom Those in the Public Service shall
March.
We attempt to rule the country subject to our crown by the
adoption of just laws, when, for the public good, we provide
defenders who may protect it against enemies. And while there is no
lack of defenders of the throne, it is not improper that the numbers
of the same should, for the purpose of repelling foreign foes, be
increased by the addition of such slaves as have received their
freedom through the royal favor. Wherefore, because it is necessary
that such persons should afford their assistance to those to whom
they are indebted for their liberty, we especially decree by this law,
that all such freedmen and their descendants shall, in time of war,
be included among the guards of the king; and the latter shall assign
them their places in the ranks, and prescribe the duties they shall
perform. And if any freedman should, in time of war, remain at
home; and should not, in obedience to the royal order, join the army
with the rest; he shall be delivered up as a slave to the person from
whom he received his liberty. Those only shall be exempt from this
penalty, who, by order of the king, or the governor, have been
charged with the performance of some other duty; or who were
prevented from joining the army by sickness, or by some other
unavoidable necessity.
FLAVIUS EGICA, KING.
XX. Concerning Freedmen who are Guilty of
Transgressions.
We have often heard of freedmen who, after the restraints of
servitude have been removed, desert those who set them free, and
assert that they are the equals of their masters, or of their
descendants. Wherefore, we now, with all due deliberation, publish
the following decree, to wit: that if any person, of either sex, who
has been set free, or any of their children, should be guilty of any
subtlety or deceit, or fraudulent conduct towards their former
masters, or towards their children, grandchildren, or any
descendants of the latter, or should show them any disrespect, at
any time, they shall be immediately returned to slavery. And the
children of persons guilty as aforesaid, shall be delivered up to
perpetual servitude, according to the provisions of a former law.
 BOOK VI.
CONCERNING CRIMES AND TORTURES.
TITLE I. CONCERNING THE ACCUSERS OF CRIMINALS.

I. A Slave, Accused of a Crime, may be Demanded of his Master by the

Officials of the District.
II. For what Offences, and in what Manner, Freeborn Persons shall be put to
the Torture.
III. For what Offences, and in what manner Slaves, of Either Sex, shall be put
to the Torture, on account of the Crimes of their Masters.
IV. For what Offences, and in what manner, a Slave, or a Freedman, shall be
Tortured.
V. In what way an Accusation shall be Brought to the Notice of the King.
VI. How Kings should Practise the Duties of Mercy.
VII. He Alone shall be Considered Guilty who Committed the Crime.

ANCIENT LAW.
I. A Slave, Accused of a Crime, may be Demanded of his
Master by the Officials of the District.
Where a slave is charged with a crime, the judge shall first notify
the master, superintendent, or agent, who has control of the
accused, and order him to produce the slave in court; and should he
refuse to do so, the governor of the city, or the judge may compel
him to produce said slave. If the master, or he who has charge of his
affairs, cannot be found, the slave shall be arrested and tried by the
judge.
THE GLORIOUS FLAVIUS CHINTASVINTUS, KING.
II. For what Offences, and in what Manner, Freeborn
Persons shall be put to the Torture.
If moderation is displayed in the treatment of crimes, the
wickedness of criminals can never be restrained. Therefore, if
anyone should, in behalf of the king or the people, bring an
accusation of homicide or adultery against a person equal to him in
rank, or in palatine dignity, he who thus seeks the blood of another
shall first have an opportunity to prove what he alleges. And if he
cannot prove it in the presence of the king, or those appointed by
the royal authority, an accusation shall be drawn up in writing, and
signed by three witnesses; and the accused person may then be put
to the question.
If the latter, after undergoing the torture, should prove to be
innocent, the accuser shall at once be delivered up to him as a slave,
to be disposed of at his will, except that he shall not be deprived of
life. But if he should be willing to make a compromise with his
accuser, he may accept from the latter as large a sum as may
compensate him for the sufferings he has endured. The judge shall
take the precaution to compel the accuser to specifically describe the
alleged offence, in writing; and after he has done so, and presented
it privately to the judge, the torture shall proceed; and if the
confession of him who is subjected to the torture should correspond
with the terms of the accusation, his guilt shall be considered to be
established. But if the accusation should allege one thing, and the
confession of the person tortured the opposite, the accuser must
undergo the penalty hereinbefore provided; because persons often
accuse themselves of crime while being tortured. But if the accuser,
before he has secretly given the written accusation to the judge as
aforesaid, should, either in his own proper person, or by anyone
else, inform the party of what he is accused, then it shall not be
lawful for the judge to subject the latter to torture, because the
alleged offence has become publicly known. This rule shall also
apply to all other freeborn persons. But if the accusation should not
be that of a capital crime, but merely of theft, or of some minor
breach of the law, nobles, or persons of superior rank, such as the
officials of our palace, shall, upon such an accusation, under no
circumstances, be put to the question; and if proof of the alleged
offence is wanting, he who is accused must declare his innocence
under oath.
 All persons of inferior rank, and freeborn persons, when accused
of theft, homicide, or any other crime, shall not be tortured upon
such an accusation, unless the property involved is worth more than
fifty solidi. But if the property is of less value than fifty solidi, and the
accused is convicted upon legal testimony, he shall be compelled to
make restitution, as prescribed by other laws; or if he should not be
convicted, after purging himself by oath he shall receive the
satisfaction granted by the law for those who have suffered from an
improper demand for torture.
We hereby especially provide that a lowborn person shall not
presume to accuse a noble or one of higher rank than himself; but if
such a person should accuse another of crime, and proof of the
same should be wanting, the person accused shall at once purge
himself of all guilt by oath, and swear that he never took, nor has in
his possession, the property on account of which he was prosecuted;
and oath having been made, as aforesaid, he who brought the false
accusation shall undergo the penalty for the same, as prescribed by
a former law. But whether the person subjected to the torture is a
noble, one of inferior rank, or a freeman, he must be tortured in the
presence of the judge, or of certain respectable men appointed by
him; and in such a way as not to lose his life, or the use of any of
his limbs; and because the torture must be applied for the space of
three days, if, as the result of accident, or through the malice of the
judge, or the treachery of anyone else, he who is subjected to it
should die; or if the judge, having been corrupted by the bribes of
the adversary of the accused, should not prohibit the infliction of
such torments as are liable to produce death; the judge himself shall
be delivered up to the nearest relatives of the accused person, that,
on account of his injustice, he may undergo at their hands the same
sufferings which he unlawfully inflicted upon the accused.
If, however, he should declare himself under oath to be innocent,
and witnesses who were present should swear that death did not
result from any malice, treachery, or corruption of which he was
guilty, but only as a result of the torture itself; for the reason that
the said judge did not use his discretion to prevent excessive cruelty,
he shall be compelled to pay fifty solidi to the heirs of the deceased;
and if he should not have sufficient property to pay said sum, he
shall be delivered up as a slave to the nearest heirs of the former.
The accuser shall be surrendered to the nearest relatives of the
deceased, and shall suffer the penalty of death, which he suffered
who perished through his accusation.[32]
ANCIENT LAW.

III. For what Offences, and in what manner, Slaves, of

Either Sex, shall be put to the Torture, on account of the
Crimes of their Masters.
No slave, of either sex, shall be tortured in order to obtain
evidence of crime against either his or her master or mistress, unless
for adultery; or for some offence against the Crown, or against their
country; or for counterfeiting, homicide, or witchcraft. And if slaves
tortured for such reasons should be proved to be cognizant of the
crimes of their masters, and to have concealed them, they shall be
punished along with their masters in such way as the king may
direct. But if they should voluntarily confess the truth before being
put to the question, it will be sufficient if they undergo the torture in
order to confirm their testimony, and they shall not suffer the
penalty of death. But any slave of either sex, who, after being put to
the torture for a capital crime, should also implicate his or her
master, and the commission of said crime can be proved by
competent evidence, they shall be subject to the same punishment
as their master.
FLAVIUS CHINTASVINTUS, KING.

IV. For what Offences, and in what manner, a Slave, or a

Freedman, shall be Tortured.
Where a slave is accused of any crime, the accuser must, before
the torture is inflicted, bind himself to give to the master in his
stead, another slave of equal value, if the innocence of the slave
should be established. But if the accused slave should be found
innocent, and should die, or be disabled from the effects of the
torture, the accuser must at once give to the master two other
slaves, each equal in value to the one killed or disabled. The one
who was injured shall be free, and remain under the protection of
his master; and the judge who neglected to use moderation in the
infliction of torture, and thus violated the law, shall give to the
master another slave equal in value to the one who perished by
torture.
In order that all doubt may be removed concerning the value of
slaves in dispute, no statement of artificial or fraudulent value of the
same shall be accepted; but information of their age and usefulness
shall be obtained by personal examination of the slaves themselves;
and if he who was disabled was skilled in any trade, and he who
injured him when he was innocent possesses no slave proficient in
the same trade, he shall be forced to give to the master a slave
skilled in some other trade; but if he should not have such a skilled
artisan, and he whose slave was injured by the torture should not be
willing to accept another in his stead, then the accuser shall pay to
the master the value of the slave that was injured, according to a
reasonable estimate made by the judge, or by men of respectability
and established character. It must, however, be observed, that no
one shall presume to subject any freeborn person or slave to torture,
unless he shall make oath in the presence of a judge, or his
representative, the master of the slave or his agent being also
present, that through no artifice, fraud, or malice, he is inflicting
torture upon an innocent person. And if, after having been put to the
question he should die, and his accuser should not have the means
to make the reparation required by law, he himself shall be reduced
to slavery, for the reason that he was the cause of the death of an
innocent man. And if anyone, through treachery, should attempt to
subject the slave of another to torture, and the master of said slave
should prove that he was innocent of crime, the accuser shall be
compelled to give to the master of the accused slave another of
equal value, and to reimburse said master for any reasonable
expense that he has incurred in defence of his slave, until, in the
opinion of the judge, full satisfaction has been rendered by the
unjust accuser to the master of the innocent slave.
In case a slave is found guilty of a minor offence, the master, if
he chooses to do so, shall have a right to compound the same; but
every thief shall be scourged according to the degree of his guilt.
Where a master is not willing to give satisfaction for graver offences,
he must immediately surrender the slave to justice. Any freeborn
person who desires to subject a respectable freedman to the torture,
in the case of a capital crime, or of offences of less gravity, shall not
be permitted to do so, unless the value of the property involved in
the accusation amounts to at least two hundred and fifty solidi. But
if said freeborn person should be of inferior rank, and a boar, he may
be tortured, if the value of the property amounts to a hundred solidi.
Where he who is put to the question should, through want of
proper care, be disabled, then the judge who did not exercise
moderation in the infliction of torture, shall pay two hundred solidi to
him who suffered by his negligence; and he who caused him to be
tortured unjustly, shall be compelled to pay him three hundred solidi;
and if he should die while undergoing torture, the judge, as well as
the accuser, shall each pay to the nearest relatives of the deceased
the sums of money aforesaid. And, in like manner, in the case of
freedmen of still lower rank, should anyone of them undergo
mutilation or death, through want of caution on the part of those
employing the torture, half of the sum hereinbefore mentioned as
applying to respectable freedmen shall be paid to him who was
tortured, should he be still living, or, if he is dead, to his heirs.[33]
THE GLORIOUS FLAVIUS CHINTASVINTUS, KING.
V. In what way an Accusation shall be Brought to the
Notice of the King.
If any person should bring a false accusation against another
before the king, and should allege that he has plotted against the
throne, the people, or his country, or that he was committing, or had
committed some act to their prejudice; or had been guilty of some
fraudulent act against the authority of the Crown, or of those
exercising judicial functions; or had executed, or published any
forged document; or had coined any spurious money; or had been
guilty of giving poison, or of practising witchcraft; or of committing
adultery with the wife of another; he who brings accusation of these
and similar crimes, the punishment of which involves the loss of life
and property, where he can establish the truth of his charges, shall,
in no way, be subject to censure. But if his assertions should prove
to be false, and it should be evident that he had only made them
through hatred, and in order that he whom he attempted to accuse
might suffer death, or bodily injury, or the loss of his property; he
shall be delivered over into the power of him he accused, that he
may himself suffer the penalty which he endeavored to inflict upon
an innocent person.
Where anyone states that he is in the possession of any fact
which should be brought to the notice of the king, and should be, at
the time, in the place where the court was sojourning, he shall
straightway reveal all that he knows, or shall communicate it to the
ears of the king through the agency of some reliable person. If,
however, at the time, the king should be at a distance, and the said
party should believe that information in his possession relating to the
accusation of another, ought to be sent to the king by the hands of a
messenger, he must draw up a letter, and in it set forth plainly what
he wishes to say concerning the alleged guilt of the accused; and he
must do this in the presence of him whom he has selected to convey
the information to the king. And, in order that he may not be able to
deny the aforesaid communication, three witnesses, known to be
men of respectable character, must, in the presence of one another,
affix their seals or signatures to said letter.
FLAVIUS CHINTASVINTUS KING.
VI. How Kings should Practice the Duties of Mercy.
Whenever a supplication is made to us on behalf of those who
have been implicated in any crime against our majesty, we willingly
give attention to such appeals, and exercise the prerogative of
mercy when it is consistent with our power. We must, however,
refuse to interfere when a crime of this kind has been committed
against the nation and our country. Yet, if a prince should desire to
be merciful to persons of such wicked character, he shall have the
right to do so, with the approval of the ecclesiastics and the principal
officers of the court.

VII. He Alone shall be Considered Guilty who Committed

the Crime.
Punishment for all crimes shall be visited upon the authors of the
same; and a father shall suffer no penalty on account of his son; nor
a son on account of his father; nor a wife on account of her
husband; nor a husband on account of his wife; nor a brother on
account of his brother; nor one neighbor on account of another; nor
any person on account of a relative; but he alone shall be adjudged
to be guilty who is responsible for the offence, and the crime shall
die with him who committed it. Neither successors nor heirs shall,
under any circumstances, be placed in jeopardy on account of the
acts of their parents.
 TITLE II. CONCERNING MALEFACTORS AND THEIR ADVISERS, AND
POISONERS.

I. Where a Freeborn Man Consults with a Soothsayer Concerning the Health,

or the Death of Another.
II. Concerning Poisoners.
III. Concerning Malefactors and their Advisers.
IV. Concerning Those who are Guilty of Acts of Witchcraft, or any Injury,
towards Men, Animals, or any kind of Property whatsoever.

FLAVIUS CHINTASVINTUS, KING.

I. Where a Freeborn Man Consults with a Soothsayer
Concerning the Health, or the Death of Another.
Whoever plots the death of the king or any of his subjects, and,
with a view to the execution of such a crime, consults diviners,
augurs, or soothsayers; should he be freeborn, he shall be scourged,
and be condemned to perpetual slavery in the public service, after
the confiscation of all his property, or he shall be delivered up as a
slave to anyone whom the king may select; and those who have
given him advice shall undergo the same penalty. And if any children
should be implicated in the crime of their parents, they shall be
punished in like manner. But if said children should be innocent, they
shall not be degraded in rank, and shall enjoy full and undisturbed
possession of all the property which their parents have lost. Slaves
who are implicated in such offences shall be tortured in various
ways, sold, and transported beyond sea; as the vengeance of the
law does not excuse those who have voluntarily participated in such
infamous proceedings.
FLAVIUS CHINTASVINTUS, KING.
II. Concerning Poisoners.
Different kinds of crimes should be punished in different ways;
and, in the first place, freemen or slaves who are guilty of preparing,
or administering poison shall be punished in like manner; as for
instance, if they should give poisoned drink to anyone and he should
die in consequence; in such a case those who are guilty shall be put
continuously to the torture, and be punished by the most
ignominious of deaths. But if he who drank the poison should escape
with his life, the party who administered it shall be given up into his
power, to be disposed of absolutely as he may desire.
FLAVIUS CHINTASVINTUS, KING.
III. Concerning Malefactors and their Advisers.
Enchanters, and invokers of tempests, who, by their incantations,
bring hail-storms upon vineyards and fields of grain; or those who
disturb the minds of men by the invocation of demons, or celebrate
nocturnal sacrifices to devils, summoning them to their presence by
infamous rites; all such persons detected, or found guilty of such
offences by any judge, agent, or superintendent of the locality
where these acts were committed, shall be publicly scourged with
two hundred lashes; shall be scalped; and shall be dragged by force
through ten villages of the neighborhood, as a warning to others.
And the judge, lest, hereafter, the aforesaid persons may again
indulge in such practices, shall place them in confinement, and see
that they are provided with clothing and food, to deprive them of an
opportunity of inflicting further injury; or he may lay the matter
before the king, to be disposed of at his royal pleasure. Those who
are convicted of having given advice to such persons, shall each
receive two hundred lashes in the assembly of the people, in order
that all who have aided in the commission of such a crime may not
go unpunished.
FLAVIUS CHINTASVINTUS, KING.
IV. Concerning Those who are Guilty of Acts of
Witchcraft, or any Injury towards Men, Animals, or any kind
of Property whatsoever.
We decree, by the present law, that if any freeman or slave, of
either sex, should attempt to employ, or should employ, witchcraft,
charms, or incantations of any kind with intent to strike dumb,
maim, or kill, either men or animals; or injure anything movable; or
should practice said arts to the detriment of crops, vineyards, or
trees; he shall suffer in person and property the same damage he
endeavored to inflict upon others.[34]
 TITLE III. CONCERNING ABORTION.

I. Concerning Those who Administer Drugs for the Production of Abortion.

II. Where a Freeborn Man Causes a Freeborn Woman to Abort.
III. Where a Freeborn Woman Causes another Freeborn Woman to Abort.
IV. Where a Freeborn Man Produces Abortion upon a Slave.
V. Where a Slave Produces Abortion upon a Freeborn Woman.
VI. Where a Slave Produces Abortion upon a Female Slave.
VII. Concerning Those who Kill their Children before, or after, they are Born.

ANCIENT LAW.
I. Concerning Those who Administer Drugs for the
Production of Abortion.
If anyone should administer a potion to a pregnant woman to
produce abortion, and the child should die in consequence, the
woman who took such a potion, if she is a slave, shall receive two
hundred lashes, and if she is freeborn, she shall lose her rank, and
shall be given as a slave to whomever we may select.
ANCIENT LAW.
II. Where a Freeborn Man Causes a Freeborn Woman to
Abort.
If anyone should cause a freeborn woman to abort by a blow, or
by any other means, and she should die from the injury, he shall be
punished for homicide. But if only an abortion should be produced in
consequence, and the woman should be in no wise injured; where a
freeman is known to have committed this act upon a freewoman,
and the child should be fully formed, he shall pay two hundred
solidi; otherwise, he shall pay a hundred solidi, by way of
satisfaction.
ANCIENT LAW.
III. Where a Freeborn Woman Causes another Freeborn
Woman to Abort.
 Where a freeborn woman, either by violence or by any other
means, causes another freeborn woman to abort, whether, or not,
she should be seriously injured as a result of said act, she shall
undergo the same penalty provided in the cases of freeborn men.
ANCIENT LAW.
IV. Where a Freeborn Man Produces Abortion upon a
Slave.
Where a freeborn man produces abortion upon a female slave,
he shall be compelled to pay twenty solidi to the master of the slave.
ANCIENT LAW.
V. Where a Slave Produces Abortion upon a Freeborn
Woman.
Where a slave produces abortion upon a freeborn woman, he
shall receive two hundred lashes in public, and shall be delivered up
as a slave to said woman.
ANCIENT LAW.
VI. Where a Slave Produces Abortion upon a Female
Slave.
Where a male slave produces abortion upon a female slave, he
shall be compelled to pay ten solidi to her master, and, in addition,
shall receive two hundred lashes.
FLAVIUS CHINTASVINTUS, KING.
VII. Concerning Those who Kill their Children before, or
after, they are Born.
No depravity is greater than that which characterizes those who,
unmindful of their parental duties, wilfully deprive their children of
life; and, as this crime is said to be increasing throughout the
provinces of our kingdom and as men as well as women are said to
be guilty of it; therefore, by way of correcting such license, we
hereby decree that if either a freewoman or a slave should kill her
child before, or after its birth; or should take any potion for the
purpose of producing abortion; or should use any other means of
putting an end to the life of her child; the judge of the province or
district, as soon as he is advised of the fact, shall at once condemn
the author of the crime to execution in public; or, should he desire to
spare her life, he shall at once cause her eyesight to be completely
destroyed; and if it should be proved that her husband either
ordered, or permitted the commission of this crime, he shall suffer
the same penalty.[35]
 TITLE IV. CONCERNING INJURIES, WOUNDS, AND MUTILATIONS
INFLICTED UPON MEN.

I. Concerning the Injury of Freemen and Slaves.

II. Concerning Insolent Persons and their Acts.
III. Concerning the Law of Retaliation, and the Amount to be Paid in Lieu of
the Enforcement of said Law.
IV. Where a Person Deprives a Traveller of his Liberty, against the Will of the
Latter, and with Intent to do him Injury.
V. He who Violates the Law by Inflicting Injury upon Another, shall undergo
the same Punishment which he Himself Inflicted.
VI. He shall not be Considered Guilty who Struck Another, when the Latter
was about to Strike Him.
VII. Where a Slave Insults a Freeborn Person.
VIII. Where one Freeborn Person Strikes Another.
IX. Where the Slave of Another is Mutilated by a Freeborn Person.
X. Where a Slave Strikes a Freeborn Person.
XI. Where One Slave Mutilates Another Slave.

I. Concerning the Injury of Freemen and Slaves.

Where one freeborn person strikes another any kind of a blow
upon the head, he shall pay five solidi for a bruise, ten solidi if the
skin be broken, twenty solidi for a wound extending to the bone, and
a hundred solidi where a bone is broken. If a freeborn man should
commit any of the above named acts upon the slave of another, he
shall pay half of the above named penalties, according to the degree
of his offence. If one slave should strike another, as above stated, he
shall pay a third part of the above penalties, proportionate to his
offence, and shall receive fifty lashes. If a slave, however, should
wound a freeborn person, he shall pay the largest sum hereinbefore
mentioned, which is exacted from freeborn persons for assaults
upon slaves, and shall receive seventy lashes. If the master should
not be willing to give satisfaction for the acts of his slave, he must
surrender him on account of his crime.

II. Concerning Insolent Persons and their Acts.

 If anyone with a drawn sword, or armed with any kind of
weapon, should insolently enter the house of another, with the
design of killing the master of the same, and should be himself
killed, no one shall be held responsible for his death; but if he who
entered said house should kill anyone, he shall be put to death at
once. But if he should not commit any crime, he must at once give
satisfaction, according to law, for any injury resulting from his act.
And if he who entered the house of another by violence, should steal
anything there, he shall be compelled to pay elevenfold the value of
what he carried away. And if he should not have the means to pay
the amount due, he shall be given up to serve as a slave; and if no
damage should result from his violent entrance into the house, and
he should not steal anything therefrom; for the mere fact of his
forcible entry, he shall be compelled to pay ten solidi and shall
receive a hundred lashes in public; and if he should not be
possessed of said sum, he shall receive two hundred lashes. If any
other freeborn persons, who were not under his orders or subject to
him, or under his protection, should enter with him into the house;
all of them, as giving consent to a high-handed and illegal act, shall
undergo similar condemnation and penalties. If they should not have
the property wherewith to render satisfaction, each one of them
shall receive a hundred and fifty lashes; but they shall not lose the
right to testify in court. But if they were under the protection, or in
the service of the aggressor, and it is proved that he ordered them
to commit the act of violence, or that they participated in it with
him, the patron alone shall be held liable for all damage committed,
as well as for the penalty; for they were not guilty who only carried
out the orders of their superior. If a slave should commit such an act
of violence without the knowledge of his master, he shall receive two
hundred lashes, and shall be compelled to restore whatever he
carried away. If, however, the slave acted with the knowledge of his
master, the latter must give satisfaction for his act, as has been
hereinbefore provided in the cases of freeborn persons.
FLAVIUS CHINTASVINTUS, KING.
 III. Concerning the Law of Retaliation, and the Amount
to be Paid in Lieu of the Enforcement of said Law.
The bloody rashness of some persons must be legally revenged
by even the most severe penalties; for when anyone fears that he
will suffer for what he has done, he is liable to abstain from the
commission of crime. Therefore, if any freeborn person should dare
to shave the head of another; or should mark, or scar him by
violence inflicted either upon his face, or upon any other part of his
body, by the use of a scourge, a whip, or any weapon; or, by
maliciously dragging him upon the ground, should soil or defile him;
or should maim him in any part of his limbs; or should restrain him
of his liberty, by placing him in jail, or in any other place of
confinement; or should order him to be imprisoned by others; or to
be kept in custody and sold as a slave; having been apprehended by
the judge, the same person shall receive by way of retaliation,
whatever he inflicted, or attempted to inflict, upon another. And if he
who suffered from his violence, or endured insult through his
agency, should desire to receive pecuniary compensation from the
culprit, he shall be entitled to recover such a sum as he may
estimate will compensate him for the injuries he has sustained. We
forbid, however, retaliation to be made for a blow with the fist or
with the foot, or for any stroke upon the head; lest, when the
retaliation is inflicted, a greater or more dangerous injury may result.
Where an aggressor commits such acts without causing any
injury to the limbs, for a slap, he shall receive ten lashes; for a blow
with the fist, or a kick, he shall receive twenty lashes; for a stroke on
the head, if the blood should not flow, thirty lashes. And if he by
whom the injury was produced, or who is said to have instigated it,
where the act was not deliberately committed, but was the result of
a sudden quarrel, should prove that it was caused by the fault of
another, and against his own will, and, in the affray, an eye should
have been lost, he shall pay a hundred solidi as a penalty. But if it
should appear that the party injured can still see with the damaged
eye, he may accept a pound of gold from the aggressor, by way of
compensation. Where anyone is struck on the nose, and it should be
entirely destroyed, the culprit shall pay a hundred solidi. If the blow
upon the nose should be of such a character as to lay open the
nostrils, the judge shall impose a penalty according to the deformity
produced; and we decree that the same rule shall apply to injuries
done to the lips and to the ears. A hundred solidi shall be paid for
any injury to the loins. Whoever cuts off the hand of another
entirely, or injures it with a blow so that the party cannot make use
of it, shall pay a hundred solidi by way of reparation for such injury.
Fifty solidi shall be paid for the loss of the thumb; for that of the
forefinger, forty solidi; for that of the middle finger, thirty; for that of
the fourth, twenty; for that of the fifth finger, ten solidi. Similar sums
also shall be exacted for injuries inflicted upon the feet. For every
tooth lost by violence, twelve solidi shall be paid. Whoever breaks
the leg of another, and the latter thereby is rendered lame, shall pay
him a pound of gold; and all the provisions above stated in regard to
such injuries, shall apply where the rights of freemen are involved.
But if a slave should commit any of the unlawful acts hereinbefore
specified, or should he only shave the head of a freeman, he shall be
delivered up into the power of the latter to be dealt with according
to his pleasure. If, on the other hand, a freeborn person should
shave the head of a slave belonging to another, or should give
orders to shave the head of a peasant, he shall pay his master ten
solidi. Where the slave is of superior rank, the offender shall not only
be forced to pay the aforesaid sum of ten solidi to his master, but
shall also receive a hundred lashes. If he has maimed the slave in
any part of his body, or has ordered another to mutilate him, he
shall receive two hundred lashes; and shall be compelled to give to
the master of said slave, another of equal value to the one he has
injured, by way of satisfaction. And if any freedman should commit
any of the crimes hereinbefore specified against any freeman; for
the reason that he was of inferior rank, not only shall the violence he
committed be visited also upon him, but he shall, in addition, receive
a hundred lashes with the scourge. And if a person born free should
injure a freedman in any of the ways hereinbefore mentioned, he
shall pay the third part of the amount for which freeborn persons are
liable. If one slave should mutilate another without the knowledge of
his master, or should shave his head, he shall undergo the same
injury which he has inflicted, and shall receive a hundred lashes in
public. If a slave, without the knowledge of his master, should seize
and confine a freeborn person, he shall receive two hundred lashes
in public. But where a slave commits any of these acts, with the
consent of his master, the master only shall undergo the penalty,
and pay the damages which are prescribed by this law in the case of
freeborn persons. Where a freeborn person imprisons the slave of
another who is innocent, he shall pay three solidi to his master. If
one slave should imprison another, without the consent of the
latter’s master, he shall receive a hundred lashes. Where the slave
committed the act, with the knowledge of his master, the master of
said slave shall be compelled to pay three solidi. If any freeborn man
shall detain the innocent slave of another in custody, day or night, or
should cause him to be detained by another, he shall pay to the
master of the said slave, for every day that he is thus restrained of
his liberty, three solidi, and for every night an equal sum; and if the
innocent slave is proved to have been thus imprisoned by the said
freeman for several days, the latter shall be compelled to pay to the
master the same sum of three solidi for every single day and night
during which said slave was imprisoned. Any freeman who shall
strike the slave of another with a whip, or scourge, or any kind of
weapon, in such a way as to cause the blood to flow, or a bruise to
appear, shall pay to the master of the slave one solidus for every
blow inflicted; or, if serious injury should result, by which he who
was struck was either killed or maimed, the offender shall pay for
such an act, whatever sum the court, in its judgment, shall deem
proper. Where one slave commits an assault upon another slave, the
judge shall determine, according to the nature of the injury, the
amount of the sum to be paid by the slave, or his master; which
sum shall be equal to half that paid by a freeman under similar
circumstances, and the slave shall receive a hundred lashes, in
addition, for his insolence. All the provisions of this law shall apply to
the cases of men as well as to those of women, in order that the
questions left to the discretion of the judge by this and other laws,
may be quickly decided.
 If a judge, influenced by friendship, or corrupted by a bribe,
should not dispose of a case in an equitable manner, or should
neglect to at once impose a penalty, he shall be deprived of his
judicial power for the future, and shall be compelled by the bishop,
or the governor, to render satisfaction out of his own property, to an
amount which said bishop or governor shall determine, to him to
whom he refused to do justice; in order that he, who voluntarily
refused to redress the wrongs of another, may be forced to undergo
the loss of his own possessions.
ANCIENT LAW.
IV. Where a Person Deprives a Traveller of his Liberty,
against the Will of the Latter, and with Intent to do him
Injury.
If anyone, while on a journey, should be unlawfully restrained of
his liberty by another, and no indebtedness should exist between
them, he who has been so restrained shall be entitled to five solidi
for the injury he has undergone; and if the offender should not have
such a sum, he shall receive fifty lashes. But if one party should be
indebted to another, and should refuse to pay the debt, the creditor
may, without inflicting any injury upon him, bring him before the
judge of the district, and the latter shall make such an order as he
thinks to be just. Where a slave commits such an act, without the
order of his master, he shall receive a hundred lashes. But if he
should have done this under the direction of his master, said master
shall be liable for the payment of the sum hereinbefore mentioned.
FLAVIUS CHINTASVINTUS, KING.
V. He who Violates the Law by Inflicting Injury upon
Another, shall undergo the same Punishment which he
Himself Inflicted.
It is no less a fault to be ignorant of the laws than, knowing
them, to commit crimes. Wherefore, whoever, up to this time, or
hereafter, has perpetrated, or shall perpetrate, any act forbidden by
law, and shall either declare that he was ignorant of the law, or shall
plot to carry out any act that shall enure to the injury or danger of
anyone, alleging, at the same time, that such act is not prohibited by
law, and that for this reason he cannot be held liable for its
commission, and should such person be convicted, he shall at once
undergo the same dangers, ignominy, tortures, suffering, or
pecuniary loss, which he inflicted, or attempted to inflict, upon
another; shall receive, in addition, a hundred lashes in public, and
shall be scalped, as a mark of perpetual infamy.[36]
FLAVIUS CHINTASVINTUS, KING.

VI. He shall not be Considered Guilty who Struck

Another, when the Latter was about to Strike Him.
It is no crime to resist another, where the violence of the
attacking party is manifest. Whoever, therefore, should recklessly
attempt to strike, or should strike, another with a whip, or sword, or
with any weapon whatsoever, and the offender should then be so
wounded by the party whom he attacks that he dies, such death
shall not be considered homicide, nor shall he be liable to any
reproach who struck the fatal blow; because it is more proper for a
living person to defend himself against an angry man, than to be
revenged after his own death. And whoever, in anger, draws a sword
against anyone, even though he should not strike him, shall be
forced, on account of his insolence, to give ten solidi to him whom
he thus threatened.
FLAVIUS RECESVINTUS, KING.

VII. Where a Slave Insults a Freeborn Person.

No slave, however respectable he may be, shall act insolently,
arrogantly, or seditiously, towards a person of noble and illustrious
lineage; and, should one be guilty of such conduct, he shall be
sentenced by the judge to receive forty lashes with the scourge. A
slave of inferior position shall be punished with fifty lashes with the
scourge. Where a person of exalted rank first provokes the slave of
another, and is insulted in consequence, he must attribute it to his
own bad behavior; since, as he was forgetful of honor and patience,
he only received what he deserved.
ANCIENT LAW.
VIII. Where One Freeborn Person Strikes Another.
If one freeborn person should inflict a wound upon another, and
the wounded person should die at once, the attacking party shall be
punished for homicide; and if he who was wounded should not die
immediately, the aggressor must either be confined in prison, or
released on bail. Should the person who was wounded escape with
his life, he who injured him must pay him twenty solidi, on account
of the attack alone; and, if he should not have that sum, he shall
receive two hundred lashes in public, and, in addition to this, he
shall be compelled to pay such damages, for the wound he inflicted,
as may be assessed by the judges.
ANCIENT LAW.
IX. Where the Slave of Another is Mutilated by a Freeborn
Person.
If any freeman should voluntarily mutilate the slave of another,
he shall be compelled to give at once to his master, another slave of
equal value; and he shall retain the one that was injured, to be
cared for at his expense until he is cured. And if he should
afterwards recover, the person who inflicted the wound shall pay
such an amount in damages as may seem just to the court. And
should he, afterwards, be restored to his master, safe and sound,
said master shall receive him again as his slave. The aggressor, on
account of the boldness of his act, inasmuch as he did not commit
murder, but only ventured to wound the slave of another, shall pay
ten solidi to his master.

X. Where a Slave Strikes a Freeborn Person.

If a slave, without the order of his master, should strike a
freeborn person, and the latter should die at once, from the effect of
the blow, the slave shall be punished for homicide; but if the
wounded person should not die immediately, the slave shall be
imprisoned; and if he who was wounded should recover, his assailant
shall receive two hundred lashes. The master, if he should wish to do
so, may pay, in satisfaction of the injury, whatever sum may be
assessed by the court; and, if he should refuse to do this, the slave
shall be given to the party injured, in satisfaction for his crime.

XI. Where One Slave Mutilates Another Slave.

Where one slave inflicts mutilation upon another, he shall receive
a hundred lashes, in addition to the pecuniary satisfaction due for
the wound; and if, as a result of said wound, the other should be
partially disabled, the judge shall estimate how much his value has
been diminished in consequence. If his master should refuse to
accept the sum thus estimated, as satisfaction, he shall be entitled
to receive the price of the slave who was injured, or one of equal
value, from him whose slave committed the attack; and said master
shall retain the mutilated slave as his own. We decree that this law
shall also apply to female slaves.
 TITLE V. CONCERNING HOMICIDE.

I. Where One Kills Another without Knowing it.

II. Where One Kills Another without Seeing Him.
III. Where One, being Pushed, Kills Another.
IV. Where One, Seeking to Strike Another, Kills a Third Person.
V. Where One is Killed while Interfering in a Quarrel.
VI. Where One, Intending to Inflict a Slight Injury, Kills Another.
VII. Where One, in Sport, or Recklessly, Kills Another.
VIII. Where One Kills Another through Immoderate Punishment.
IX. Where a Freeman Kills a Slave by Accident.
X. Where a Slave Kills a Freeman by Accident.
XI. Where One Man Intentionally Kills Another.
XII. No Master shall Kill his Slave without Good Reason; and Where One
Freeman Kills Another.
XIII. No One shall Deprive a Male or Female Slave of a Limb.
XIV. Any Person may bring an Accusation of Homicide.
XV. Both Relatives and Strangers have a Right to Accuse a Person of
Homicide.
XVI. Where a Homicide Takes Refuge in a Church.
XVII. Concerning Parricides, and the Disposition of their Property.
XVIII. Concerning Those who Kill Others Related to Them by Blood.
XIX. Where One Blood Relative is Accidentally Killed by Another.
XX. Where One Slave Kills Another by Accident.
XXI. Concerning Those who Destroy their Souls by Perjury.

FLAVIUS RECESVINTUS, KING.

I. Where One Kills Another without Knowing it.
Whoever kills another ignorantly and unintentionally, if he has
cherished no animosity against him, is not guilty of murder according
to the Word of God; for it is not just that he should suffer the
penalty of homicide who committed the act against his will.
FLAVIUS CHINTASVINTUS, KING.
II. Where One Kills Another without Seeing Him.
If one man should kill another, either standing, coming, or
passing by, not being aware of his presence at the time, where no
cause of enmity had previously existed between them, and he who
committed the homicide shall declare that he did it involuntarily, and
shall be able to prove this in court, he shall depart in safety.
FLAVIUS RECESVINTUS, KING.
III. Where One, being Pushed, Kills Another.
If anyone, either by accident, or by being pushed in any way, or
by rushing headlong upon another, should kill him, he shall not be
liable to the penalties of homicide. But if one man should push
another, and, impelled by that push, the latter should kill a third
party, and he who gave the push did so without malice, he shall pay
a fine of a pound of gold, because he neglected to avoid the
commission of an injury.
THE GLORIOUS FLAVIUS RECESVINTUS, KING.
IV. Where One, Seeking to Strike Another, Kills a Third
Person.
Whenever, in a quarrel, anyone, while endeavoring to strike his
adversary, unwillingly kills a third person, a legal investigation must
be made to determine who originated the quarrel; and if it should be
found that he was guilty who was first struck at, then he who stirred
up the strife, although he escaped the blow, yet, because it is
apparent that he was the cause of the homicide, shall pay a fine of a
hundred golden solidi. He who struck the blow shall pay fifty solidi to
the nearest relatives of the person who was killed. Thus both pay a
penalty; one, because he intentionally gave an opportunity for the
commission of homicide; the other, because he unintentionally
committed said homicide.
FLAVIUS RECESVINTUS, KING.
V. Where One is Killed while Interfering in a Quarrel.
If any freeman should interfere in a quarrel for the purpose of
making peace, and should be killed in consequence, and he who
struck him shall be able to prove, either by his own oath, or by the
testimony of respectable witnesses, that the act was not committed
intentionally, because the party who struck the fatal blow did not
wish to commit assault or homicide upon the person who was killed,
he shall pay a pound of gold to the relatives of the person who lost
his life; and, in like manner, if any wound was inflicted under similar
circumstances, the person who inflicted it shall pay a third part of
the aforesaid sum; for the reason that the death of him who
interfered for the purpose of making peace should not be
unavenged.
FLAVIUS RECESVINTUS, KING.
VI. Where One, Intending to Inflict a Slight Injury, Kills
Another.
Where anyone, attempting to commit an injury, gives a kick, or a
blow with the fist, or commits any other violent act, and death
should result, the guilty party shall be punished for homicide.
VII. Where One, in Sport, or Recklessly, Kills Another.
Whoever incautiously, or recklessly, or in sport, or in a crowd,
unintentionally, by a fatal blow, strikes or kills anyone; because no
malicious intention or desire to injure existed, shall incur no infamy
for having committed an assault or homicide, even though he should
be convicted by oath, or by the testimony of witnesses; nor shall he
be liable to punishment by death, because he did not kill the person
intentionally. But, for the reason that he struck the fatal blow
without due caution, and did not attempt to avoid an accident, he
shall pay a pound of gold to the nearest relatives of the deceased,
and shall receive fifty lashes with the scourge.
FLAVIUS RECESVINTUS, KING.
VIII. Where One Kills Another through Immoderate
Punishment.
If it should happen that a scholar, or any person under the
patronage, or in the service of another, while undergoing moderate
corporeal punishment, inflicted by his teacher, patron, or master,
should die as a result of the same; and that he who inflicted the
punishment entertained neither hatred or malice toward him whom
he killed; he shall neither be rendered infamous, nor punished on
account of the homicide; for the reason that it is said in the Holy
Word of God that he shall be unhappy, who does not inflict
punishment.
FLAVIUS RECESVINTUS, KING.
IX. Where a Freeman Kills a Slave by Accident.
If a freeman should kill a slave not intentionally, but by accident,
he shall be compelled to pay to the master of the slave one-half of
the amount which has been provided by way of reparation in the
case of freeborn persons, under similar circumstances.
FLAVIUS RECESVINTUS, KING.
X. Where a Slave Kills a Freeman by Accident.
If a slave should kill a freeborn person not intentionally, but
accidentally, he shall pay the same sum which a former law has
provided in the case of other freeborn persons. But if the master
should be unwilling to pay said sum for his slave, the latter must, at
once, be given up to justice.
ANCIENT LAW.
XI. Where One Man Intentionally Kills Another.
Every man who kills another intentionally, and not by accident, is
liable to punishment for homicide.
FLAVIUS CHINTASVINTUS, KING.
XII. No Master shall Kill his Slave without Good Reason;
and Where One Freeman Kills Another.
If anyone who is guilty of crime, or of giving wicked counsel to
another, cannot escape punishment, how much more liable is he
who deliberately and maliciously commits homicide? For this reason,
as very frequently, through the excesses of cruel masters, slaves are
deprived of their lives, without having committed any crime; it is
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