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.
Codex Justinianus:
Return of Fugitive Slaves & Coloni, c. 530
To strengthen the laws binding slaves and coloni to the soil precautions were taken to prevent landlords employing fugitives and to ensure their return.
Xl.48.xii. We ordain that slaves, or tributaries, or inquilini shall remain with their lords. For, when, dismayed by a fear of Ioss, each landowner begins to drive away those who are unknown to him, the will to flight will not be with the slaves; for no one deserts his lord knowing that there is nowhere a refuge for him as a fugitive.
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