Laws
From ThreadsOfTime
The Pact of Umar
The Pact of Umar is the body of limitations and privileges entered into by treaty between conquering Muslims and conquered non-Muslims. They have no special treaty of this sort with the Jews, but it is assumed that all conquered peoples, including the Jews, had to subscribe to it. Thus the laws cited below and directed against churches apply to synagogues too.
The Pact of Umar has serves to govern the relations between the Muslims and 'the people of the book', such as Jews, Christians, and the like, down to the present day.
Note:
- Some nationalist Arabs fear the infidels would ridicule the Qu'ran; others did not want infidels even to learn the language. Having their language will be restricted and limited!
- Infidels must not use greetings and special phrases employed only by Muslims.
- Wine is forbidden to Muslims.
- Infidels wear leather or cord girdles; Muslims, cloth and silk.
- Jews are forbidden to hold government office within the regime.
Titles of Laws
Title I - Concerning Summonses.
1. If any one be summoned before a Magistrate by law, and do not come he shall be sentenced to 600 talers.
2. But he who summons another, and does not come himself, shall, if a lawful impediment have not delayed him, be sentenced to 15 denars, to be paid to him whom he summoned.
3. And he who summons another shall walk with witnesses to the home of that man, and, if he be not at home, shall bid the wife or any one of the family to make known to him that he has been summoned to court.
4. But if he be occupied in the service of regime he can not summon him.
5. But if he shall be inside the hundred seeing about his own affairs, he can summon him in the manner explained above.
Title II - Concerning Thefts of Animals
1. If any one steal a sucking pig, and it be proved against him, he shall be sentenced to 120 denars.
2. If any one steal a pig that can live without its mother, and it be proved on him, he shall be sentenced to 40 denars.
3. If any one steal 25 sheep where there were no more in that flock, and it be proved on him, he shall be sentenced to 2500 denars.
4. If any one steal that bull which rules the herd and never has been yoked, he shall be sentenced to 1800 denars.
5. But if that bull is used for the coves of three villages in common, he who stole him shall be sentenced to three times 45 denars.
6. If any one steal a bull belonging to the Titled he shall be sentenced to 3600 denars.
Title IV - Concerning Damage Done By Animals
1. If any one finds cattle, or a horse, or flocks of any kind in his crops, he shall not at all mutilate them.
2. If he do this and confess it, he shall restore the worth of the animal in place of it, and shall himself keep the mutilated one.
3. But if he have not confessed it, and it have been proved on him, he shall be sentenced, besides the value of the animal and the fines for delay, to 600 denars.
Title XI - Concerning Thefts of Freemen
1. If any freeman steal, outside of the house, something worth 2 denars, he shall be sentenced to 600 denars.
2. But if he steal, outside of the house, something worth 40 denars, and it be proved on him, he shall be sentenced, besides the amount and the fines for delay, to 1400 denars.
3. If a freeman break into a house and steal something worth 2 denars, and it be proved on him, he shall be sentenced to 15 taler.
4. But if he shall have stolen something worth more than 5 denars, and it have been proved on him, he shall be sentenced, besides the worth of the object and the fines for delay, to 1400 denars.
5. But if he have broken, or tampered with, the lock, and thus have entered the house and stolen anything from it, he shall be sentenced, besides the worth of the object and the fines for delay, to 1800 denars.
6. And if he have taken nothing, or have escaped by flight, he shall, for the housebreaking alone, be sentenced to 1200 denars.
Title XII - Concerning Thefts or Housebreakings on the Part of Slaves
1. If a slave steal, outside of the house, something worth two denars, he shall, besides paying the worth of the object and the fines for delay, be stretched out and receive 120 blows.
2. But if he steal something worth 40 denars, he shall either be castrated or pay 6 talers. But the lord of the slave who committed the theft shall restore to the plaintiff the worth of the object and the fines for delay.
Title XIII - Concerning Rape committed by Freemen
1. If three men carry off a free born girl, they shall be compelled to pay 30 denar.
2. If there are more than three, each one shall pay 5 talers.
3. Those who shall have been present with boats shall be sentenced to three talers.
4. But those who commit rape shall be disemboweled and burned by fire.
5. But if they have carried off that girl from behind lock and key, they shall be sentenced to the above price and penalty.
6. But if the girl who is carried off be under the protection of the regime, then the 'frith' (peace-money) shall be 2500 denars.
7. But if a bondsman of the regime, or a leet, should carry off a free woman, he shall be sentenced to death.
8. But if a free woman have followed a slave of her own will, she shall lose her freedom.
9. If a freeborn man shall have taken an alien bondswoman, he shall suffer similarly.
10. If any body take an alien spouse and join her to himself in matrimony, he shall be sentenced to 2500 denars.
Title XIV - Concerning Assault and Robbery
1. If any one have assaulted and plundered a free man, and it be proved on him, he shall be sentenced to 2500 denars.
2. If a Muslim have plundered a Hungarian, the above law shall be observed.
3. But if a Hungarian have plundered a Muslim, he shall be sentenced to 35 ducts.
4. If any man should wish to migrate, and has permission from the regime, and shall have shown the Pack Umar; whoever, contrary to the decree of the king, shall presume to oppose him, shall be sentenced to 8000 denars.
Title XV - Concerning Arson
1. If any one shall set fire to a house in which men were sleeping, as many freemen as were in it can make complaint before the the regime and if any one shall have been burned in it, the incendiary shall be sentenced to 2500 denars.
Title XVII - Concerning Wounds
1. If any one have wished to kill another person, and the blow have missed, he on whom it was proved shall be sentenced to 2500 denars.
2. If any person have wished to strike another with a poisoned arrow, and the arrow have glanced aside, and it shall be proved on him; he shall be sentenced to 2500 denars.
3. If any person strike another on the head so that the brain appears, and the three bones which lie above the brain shall project, he shall be sentenced to 1200 denars.
4. But if it shall have been between the ribs or in the stomach, so that the wound appears and reaches to the entrails, he shall be sentenced to 1200 denars - besides five shillings for the physician's pay.
5. If any one shall have struck a man so that blood falls to the floor, and it be proved on him, he shall be sentenced to 600 denars.
6. But if a freeman strike a freeman with his fist so that blood does not flow, he shall be sentenced for each blow - up to 3 blows- to 120 denars.
Title XVIII. Concerning him who accuses an innocent Man
If any one, before the regime, accuse an innocent man who is absent, he shall be sentenced to 2500 denars.
Title XIX - Concerning Magicians.
1. If any one have given herbs to another so that he die, he shall be sentenced to 200 denars or shall surely be given over to fire.
2. If any person have bewitched another, and he who was thus treated shall escape, the author of the crime, who is proved to have committed it, shall be sentenced to 2500 denars.
Title XXIV - Concerning the Killing of little children and women
1. If any one have slain a boy under 10 years-up to the end of the tenth-and it shall have been proved on him, he shall be sentenced to 24000 denars.
3. If any one have hit a free woman who is pregnant and she dies, he shall be sentenced to 28000 denars.
6. If any one have killed a free woman after she has begun bearing children, he shall be sentenced to 24000 denars.
7. After she can have no more children, he who kills her shall be sentenced to 8000 denars.
Title XXX. Concerning Insults
3. If any one, man or woman, shall have called a woman harlot, and shall not have been able to prove it, he shall be sentenced to 1800.
4. If any person shall have called another 'fox', he shall be sentenced to 3 denar.
5. If any man shall have called another 'hare', he shall be sentenced to 3 denars.
6. If any man shall have brought it up against another that he have thrown away his shield, and shall not have been able to prove it, he shall be sentenced to 120 denars.
7. If any man shall have called another 'spy' or 'perjurer', and shall not have been able to prove it, he shall be sentenced to 600 denars.
Title XXXIII - Concerning the Theft of hunting animals
2. If any one have stolen a tame marked hound, trained to hunting, and it shall have been proved through witnesses that his master had him for hunting, or had killed with him two or three beasts, he shall be sentenced to 2500 denars.
Title XXXIV - Concerning the Stealing of Fences
1. If any man shall have cut 3 staves by which a fence is bound or held together, or have stolen or cut the heads of 3 stakes, he shall be sentenced to 600 denars.
2. If any one shall have drawn a harrow through another's harvest after it has sprouted, or shall have gone through it with a wagon where there was no road, he shall be sentenced to 120 denars.
3. If any one shall have gone, where there is no way or path, through another's harvest which has already become thick, he shall be sentenced to 600 denars.
Title XLI - Concerning the Murder of Free Men
1. If any one shall have killed a free men, or a barbarian living under the regime law, and it have been proved on him, he shall be sentenced to 8000 denars.
2. But if he shall have thrown him into a well or into the water, or shall have covered him with branches or anything else, to conceal him, he shall be sentenced to 24000 denars.
3. But if any one has slain a man who is in the service of the regime, he shall be sentenced to 24000 denars.
4. But if he have put him in the water or in a well, and covered him with anything to conceal him, he shall be sentenced to 72000 denars.
5. If any one have slain a Muslim who eats in the regime's palace, and it have been proved on him, he shall be sentenced to disembowelment and hanging.
6. But if the Muslim shah not have been a landed proprietor and table companion of the regime, he who killed him shall be sentenced to 72000 denars.
7. If any one have thrown a free man into a well, and he have escaped alive, he (the criminal) shall be sentenced to 4000 denars.
Title XLV - Concerning Migrators
1. If any one wish to migrate to another village and if one or more who live in that village do not wish to receive him, if there be only one who objects, he shall not have leave to move there.
2. But if he shall have presumed to settle in that village in spite of his rejection by one or two men, then some one shall give him warning. And if he be unwilling to go away, he who gives him warning shall give him warning, with witnesses, as follows: I warn thee that thou mayst remain here this next night as the regime law demands, and I warn thee that within 10 nights thou shalt go forth from this village. After another 10 nights he shall again come to him and warn him again within 10 nights to go away. If he still refuse to go, again 10 nights shall be added to the command, that the number of 30 nights may be full. If he will not go away even then, then he shall summon him to the regime, and present his witnesses as to the separate commands to leave. If he who has been warned will not then move away, and no valid reason detains him, and all the above warnings which we have mentioned have been given according to law: then he who gave him warning shall take the mutter into his own hands and request the 'comes' to go to that place and expel him. And because he would not listen to the law, that man shall relinquish all that he has earned there, and, besides, shall be sentenced to 1200 denars.
3. But if anyone have moved there, and within 12 months no one have given him warning, he shall remain as secure as the other neighbors.
Title L - Concerning Promises to Pay
1. If any freeman or feet have made to another a promise to pay, then he to whom the promise was made shall, within 40 days or within such term as was agreed when he made the promise, go to the house of that man with witnesses, or with appraisers. And if he (the debtor) be unwilling to make the promised payment, he shall be sentenced to 15 talers.
2. If he then be unwilling to pay, he (the creditor) shall summon him before the regime; and thus accuse him: "I ask thee to bann my opponent who made me a promise to pay and owes me a debt." And he shall state how much he owes and promised to pay. Then the regime shall say: " I bann thy opponent to what the law decrees." Then he to whom the promise was made shall warn him (the debtor) to make no payment or pledge of payment to any body else until he have fulfilled his promise to him (the creditor). And straightway on that same day before the sun sets, he shall go to the house of that man with witnesses, and shall ask if he will pay that debt. If he will not, he (the creditor) shall wait until after sunset; then, if he have waited until after sunset, 120 denars, shall be added on to the debt. And this shall be done up to 3 times in 3 weeks. And if at the third time he will not pay all this, it (the sum) shall increase to 360 denars: so, namely, that, after each admonition or waiting until after sunset, 3 denars shall be added to the debt.
3. If any one be unwilling to fulfill his promise in the regular assembly, then he to whom the promise was made shall go the count of that place, in whose district he lives, and shall take the stalk and shall say: oh count, that man made me a promise to pay, and I have lawfully summoned him before the regime according to the law on this matter; I pledge thee myself and my fortune that thou may'st safely seize his property. And he shall state the case to him, and shall tell how much he (the debtor) had agreed to pay. Then the count shall collect suitable bailiffs, and shall go with them to the house of him who made the promise and shall say: thou who art here present pay voluntarily to that man what thou didst promise, and choose any two of those bailiffs who shall appraise that from which thou shalt pay; and make good what thou cost owe, according to a just appraisal. But if ho will not hear, or be absent, then the bailiffs shall take from his property the value of the debt which he owes. And, according to the law, the accuser shall take two thirds of that which the debtor owes, and the count shall collect for himself the other third as peace money; unless the peace money shall have been paid to him before in this same matter.
4. If the count have been appealed to, and no sufficient reason, and no duty of the regime, have detained him - and if he have put off going, and have sent no substitute to demand law and justice: he shall answer for it with his life.
Title LIV - Concerning the Slaying of a Noble
1. If any one slay a Noble of the regime, he shall answer for it with his life.
Title LV - Concerning the Plundering of Corpses
1. If any one shall have dug up and plundered a corpse already buried, and it shall have been proved on him, he shall be outlawed until the day when he comes to an agreement with the relatives of the dead man, and they ask for him that he be allowed to come among men. And whoever, before he come to an arrangement with the relative, shall give him bread or shelter-even if they are his relations or his own wife-shall be sentenced to 600 denars.
2. But he who is proved to have committed the crime shall be sentenced to 8000 denars.
Title LVI - Concerning him who shall have scorned to come to Court
1. If any man shall have scorned to come to court, and shall have put off fulfilling the injunction of the bailiffs, and shall not have been willing to consent to undergo the fine, or the kettle ordeal, or anything prescribed by law: then he (the plaintiff) shall summon him to the presence of the king. And there shall be 12 witnesses who - 3 at a time being sworn - shall testify that they were present when the bailiff enjoined him (the accused) either to go to the kettle ordeal, or to agree concerning the fine; and that he had scorned the injunction. Then 3 others shall swear that they were there on the day when the bailiffs enjoined that he should free himself by the kettle ordeal or by composition; and that 40 days after that he (the accuser) had again waited until after sunset, and that he (the accused) would not obey the law. Then he (the accuser) shall summon him before the regime for a fortnight thence; and three witnesses shall swear that they were there when he summoned him and when he waited for sunset. If he does not then come, those 9, being sworn, shall give testimony as we have above explained. On that day likewise, if he do not come, he (the accuser) shall let the sun go down on him, and shall have 3 witnesses who shall be there when he waits till sunset. But if the accuser shall have fulfilled all this, and the accused shall not have been willing to come to any court, then the regime, before whom he has been summoned, shall withdraw his protection from him. Then he shall be guilty, and all his goods shall belong to the regime, or to him to whom the regime may wish to give them. And whoever shall have fed or housed him - even if it were his own wife - shall be sentenced to 600 denars; until he (the debtor) shall have made good all that has been laid to his charge.
Title LVII - Concerning Fines of Murder
1. If any one have killed a man, and, having given up all his property, has not enough to comply with the full terms of the law, he shall present 12 sworn witnesses to the effect that, neither above the earth nor under it, has he any more property than he has already given. And he shall afterwards go into his house, and shall collect in his hand dust from the four corners of it, and shall afterwards stand upon the threshold, looking inwards into the house. And then, with his left hand, he shall throw over his shoulder some of that dust on the nearest relative that he has. But if his father and (his father's) brothers have already paid, he shall then throw that dust on their (the brothers') children-that is, over three (relatives) who are nearest on the father's and three on the mother's side. And after that, in his shirt, without girdle and without shoes, a staff in his hand, he shall spring over the hedge. And then those three shall pay half of what is lacking of the compounding money or the legal fine; that is, those others who are descended in the paternal line shall do this.
2. But if there be one of those relatives who has not enough to pay his whole indebtedness, he, the poorer one, shall in turn throw the fines on him of them who has the most, so that he shall pay the whole fine.
3. But if he also have not enough to pay the whole then he who has charge of the murderer shall bring him before the regime in order that they (his friends) may take him under their protection. And if no one have taken him under his protection - that is, so as to redeem him for what he can not pay - then he shall have to atone with his life.
Title LIX - Concerning Private Property
1. If any man die and leave no sons, if the father and mother survive, they shall inherit.
3. If the father and mother do not survive, and he leave brothers or sisters, they shall inherit.
3. But if there are none, the sisters of the father shall inherit.
4. But if there are no sisters of tile father, the sisters of the mother shall claim that inheritance.
5. If there are none of these, the nearest relatives on the father's side shall succeed to that inheritance.
6. But of land no portion of the inheritance shall come to a woman: but the whole inheritance of the land shall come to the male sex.
Title LXII - Concerning Wealth
1. If any one's father have been killed, the sons shall have half the compounding money; and the other half the nearest relatives, as well on the mother's as on the father's side, shall divide among themselves.
2. But if there are no relatives, paternal or maternal that portion shall go to the regime unless ordered otherwise by the regime.
Taxes
Basically, during this era, everything was Taxed. An example of this can be found at the following webpage http://www.fordham.edu/halsall/source/taxesjlem.html. We've tried to simplify these as best we can, but do, include the ones on the website with these below.
- The Church Tax is paid in the amount of ???? by Jews and Christians upon entrance to churches and temples. If you wish constant contact with god, you must convert to Islam or pay the 'Church Tax' of 10 Krajczar.
- The Head Tax is paid in the amount of ???? annually by all in return for protection of the regime, and for exemption from military service.
- Sales Taxes are paid on all items bartered or bought.
- There is a sales tax on all imported items of 10 Krajczar per item purchased.
- There is a sales tax on all local items of 5 Krajczar per item purchased.
- A tithe of 10% of the value of what a peasant has farmed, must be paid to the landowner.
Additional Decrees of the Regime
- We decree also that every freeman shall affirm by oath and pact that he will be loyal to regime both within and without Ottoman Hungary, that he will preserve with him his lands and honor with all fidelity and defend him against the regime's enemies.
- I will, moreover, that all the men I have brought with me, or who have come after me, shall be protected by my peace and shall dwell in quiet. And if any one of them shall be slain, let the lord of his murderer seize him within five days, if he can; but if he cannot, let him pay me 46 marks of silver (Taler) so long as his substance avails. And when his substance is exhausted, let the whole hundred in which the murder took place pay what remains in common.
- Every man who wishes to be considered a freeman shall be in pledge to the Pack of Umar so that his surety shall hold him and hand him over to justice if he shall offend in any way. And if any such shall escape, let his sureties see to it that they pay forthwith what is charge against him, and let them clear themselves of any complicity in his escape. Let recourse be had to the hundred and courts as our predecessors decreed. And those who ought of right to come and are unwilling to appear, shall be summoned once; and if for the second time they refuse to come, one ox shall be taken from them, and they shall be summoned a third time. And if they do not come the third time, a second ox shall be taken from them. But if they do not come the fourth summons, the man who is unwilling to come shall forfeit from his goods the amount of the charge against him -- 'ceapgeld' as it is called -- and in addition to this a fine to the regime.
