BOOK VIII.

CONCERNING ACTS OF VIOLENCE AND INJURIES.

TITLE I. CONCERNING ATTACKS, AND PLUNDER OF PROPERTY.

=I.= _The Patron, or the Master, shall Alone be Held Guilty,

if, by his Orders, a Freeman or a Slave should Commit

any Unlawful Act._

=II.= _Where a Party in Possession is Expelled by Force._

=III.= _Where Many Persons Unite in Causing Bloodshed._

=IV.= _Where a Person is Shut up by Violence, Inside his Own

House, or Within his Gate._

=V.= _Property, while in the Possession of Another, shall not

be Seized, Except Under Legal Process._

=VI.= _Where a Person is Guilty of Asking Others to Commit

Depredations._

=VII.= _A House shall not be Entered in the Absence of the

Master, or while he is on a Public Expedition._

=VIII.= _Where the Slaves of a Person who is Absent on a Public

Expedition Commit Unlawful Acts._

=IX.= _Concerning Those who, while on a Public Expedition,

Commit Robbery or Other Depredations._

=X.= _He in whose Possession Stolen Property has been Found,

shall be Compelled to Name his Associates in the

Crime._

=XI.= _Concerning Those who are Guilty of Giving Directions to

Others for Purposes of Robbery._

=XII.= _Concerning Those who Rob, or Inflict Annoyance upon

Anyone, while he is on a Journey, or at Work in the

Country._

=XIII.= _Whether a Person Caught in the Act of Robbery may be

Killed._

=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=

=I. The Patron, or the Master, shall Alone be Held Guilty, if, by his

Orders, a Freeman or a Slave should Commit any Unlawful Act.=

We hereby establish as a general principle of law, that whenever a

freeborn person, a freedman, or a slave, is known to have committed

any unlawful act by the order of his patron or his master, said patron

or master shall be held liable for all satisfaction and composition

for the same; for he who obeys the orders of his superior, cannot be

considered guilty, because it is evident that he did not commit the act

by his own will, but under the command of one possessing authority over

him.

=II. Where a Party in Possession is Expelled by Force.=

Whoever forcibly deprives another of property in his possession,

before the ownership of said property shall have been determined by a

decision of the court; shall lose his case, even though he have the

better claim. He who was the victim of the violence, shall receive the

property in the same condition as it was when taken from him, and shall

be entitled to undisturbed enjoyment of the same. If, however, any

person should forcibly seize property which he could not obtain by a

decree of court, he shall not only lose his case, but shall give to the

injured party property of equal value to that of which he deprived him.

=ANCIENT LAW.=

=III. Where Many Persons Unite in Causing Bloodshed.=

Whoever collects a mob for the purpose of committing bloodshed, and

makes an attack upon another, whereby he sustains bodily injury; or

incites or orders others to commit such acts; as soon as the judge

shall be informed of the same, he shall, at once, cause the guilty

party to be arrested. And in order that he may be rendered publicly

infamous, he shall receive fifty lashes in the presence of the judge,

and shall be compelled to name all who were with him, or participated

in his offence; and if his said associates should not be under his

patronage, every freeman among them shall receive fifty lashes. If,

however, slaves are participants in the crime, and belong to another

master, they shall each receive two hundred lashes publicly, and in the

presence of the judge, as a warning to others.

=FLAVIUS CHINTASVINTUS, KING.=

=IV. Where a Person is Shut up by Violence, Inside his own House, or

within his Gate.=

Whoever forcibly confines the owner of a house inside his dwelling,

or within the courtyard of the same, and prevents him from having

free egress, or orders others to do so, shall, as a penalty for his

insolence, pay to the owner of said house thirty _solidi_,

and, in addition to this, shall receive a hundred lashes. All other

persons who aided and abetted him in his unlawful act, and are not

under his protection, where they are freeborn, shall each pay fifteen

_solidi_ to those who suffered the injury; and shall, for the

insolence of which they are guilty, each receive a hundred lashes. Any

slaves who are guilty of this offence, and did not act under the order

of their master or mistress, shall each receive two hundred lashes. If,

however, the owner of a house should be boldly and violently prevented

from entering the same, in such a manner that he is, for the time,

entirely deprived of control over his house, his family, and his other

property, which is a far more serious offence, the author of such an

infamous crime shall be liable for all damages incurred, and shall also

receive a hundred lashes. Any freemen who are participants in a deed of

this kind, if they are not under the patronage of the principal actor

in it, shall each receive a hundred lashes, and be compelled to pay

three hundred _solidi_ to those who have suffered the injury. If,

however, any slaves, without the knowledge of their masters, should

have voluntarily committed such a crime, they shall undergo the penalty

prescribed for slaves under such circumstances, as hereinbefore

stated; and no responsibility for their acts shall attach to their

masters. They also shall be liable to the same penalty, who, on their

own responsibility, and without an order of the king or a judge,

forcibly seize a house belonging to another; or presume to represent

said property as their own; or affix their seals to the same.

=FLAVIUS CHINTASVINTUS, KING.=

=V. Property, while in the Possession of Another, shall not be Seized,

Except Under Legal Process.=

No governor, deputy, steward, superintendent, agent, or attorney, or

any freeborn person or slave, shall daringly presume to seize any

property in the possession of another; or claim it, in the name of the

king, or of his superior or master, before a judicial decree has been

rendered establishing the ownership of said property. And if, without

waiting for a trial, such a person should seize said property while

in the possession of another, or which is known to belong to some one

else; everything that he seized or removed, whether it consists of real

estate or personal property, he shall restore twofold to him whose

rights have been invaded; and he shall be compelled to give to the

complainant, the profits accruing each year, while said property was in

his possession; and which he shall solemnly declare under oath that he

has collected. If a slave should commit such an act without the consent

of his master, he shall, in addition to the above-mentioned penalty,

receive two hundred lashes in public. Where the owner is not satisfied

with double the amount of the value involved, as reparation, he must

restore the property which was taken, as well as the profits of the

same, to him who seized or removed it; and the latter, under direction

of the judge, must surrender the slave by way of compensation for the

illegal act. Under all circumstances, however, a careful investigation

must be made, lest the slave may have committed the act through some

artifice or fraud of him who owned the stolen property; and if this is

found to be the case, the master who thus instigated, or permitted

wrong to be done, shall restore to the owner sevenfold the value of

the property which the slave abstracted; and the master shall retain

undisturbed possession of his slave.

=ANCIENT LAW.=

=VI. Where a Person is Guilty of Asking Others to Commit Depredations.=

If any person should instigate others to plunder, and, in consequence,

they should destroy anything, or steal any property, or animals; they

shall be compelled to restore elevenfold the value of the property

so stolen or destroyed, to him who was robbed. Any freemen who were

present at the time of the commission of the crime, shall each be

compelled to pay five _solidi_; and, if they should not have

that sum, they shall each receive fifty lashes. Any slaves who commit

such an act, without the consent of their masters, shall each receive

a hundred and fifty lashes, and be compelled to restore the stolen

property intact.

=VII. A House shall not be Entered in the Absence of the Master, or

while he is on a Public Expedition.=

No one shall molest the house of a person who is absent, or while he is

on a public expedition. Moreover, if anyone should seize property which

he could have obtained by a decree of court, while the other party

to the suit was absent, he shall restore said property twofold. If,

however, he should seize anything which he could not legally obtain, he

shall restore threefold the value of the same. Where anyone, before he

departs on a public service, is summoned by the judge to the hearing of

a case, he must answer in his own proper person; or he may authorize an

agent in writing, and in the presence of the judge, to act for him in

the matter. But if he should neither give such authority, nor answer in

court, and, having absented himself, should thus abandon his case; the

judge, after a proper investigation, shall order the property claimed

by his adversary to be delivered to him. The absent party, however,

shall have the right to reopen the case on his return.

=FLAVIUS RECESVINTUS, KING.=

=VIII. Where the Slaves of a Person who is Absent on a Public Expedition

Commit Unlawful Acts.=

If the slave of any person who is absent upon the public service

should be implicated, or detected in the commission of any crime, or

other unlawful act, he shall be apprehended by order of the judge,

and be punished by law, according to the nature of his offence; but

if said offence should be of such a character, that the absent master

would be liable therefor, or that the slave should be surrendered to

another, the culprit shall be kept in custody by the judge until the

return of his master, so that the latter may render satisfaction for

his acts, should he wish to do so, or, should he be unwilling, that

he may surrender the slave. Where a slave is unjustly put to death or

subjected to torture, the said master, upon his return, shall have a

good cause of action against the judge.

=ANCIENT LAW.=

=IX. Concerning Those who, while on a Public Expedition, Commit Robbery

or Other Depredations.=

Those who commit robbery while in the army, shall make fourfold

restitution. If they should not have the property wherewith to do so,

they shall restore the article stolen, and receive fifty lashes. Should

a slave, however, commit this offence, against the will of his master,

he shall restore the stolen property, and receive two hundred lashes.

All governors of provinces, judges and stewards, shall, without delay,

require the enforcement of this law, as we are unwilling that our

kingdom should be ravaged by depredators.

=ANCIENT LAW.=

=X. He in whose Possession Stolen Property has been Found, shall be

Compelled to Name his Associates in the Crime.=

Whenever any evidence of crime, or any stolen property shall be found

in the possession of any one, the latter shall, at once, be compelled

to name his accomplices; and if he should refuse to do so, he shall be

held liable for all damages incurred. If he is a person of superior

rank, he shall either give a valid explanation of his illegal act,

or shall restore, elevenfold, the value of the property stolen or

destroyed; and shall receive a hundred lashes in public. If any part of

the proceeds of a robbery should be found in the hands of a slave he

shall receive two hundred lashes in public and shall be compelled to

give up his accomplices.

=XI. Concerning Those who are Guilty of Giving Directions to Others for

Purposes of Robbery.=

Any freeman, or slave, who shall give information concerning anything,

in order that it may be stolen, or that the property of any person

should be destroyed, or that he may be robbed of his flocks, or beasts

of burden; as soon as the guilty party shall have been convicted by

competent evidence, he shall receive a hundred lashes, because he gave

information by means of which a crime was committed.

=ANCIENT LAW.=

=XII. Concerning Those who Rob, or Inflict Annoyance upon Anyone, while

he is on a Journey, or at Work in the Country.=

Anyone who removes any property by violence, or robs another, while

the latter is upon a journey, or occupied in farm labor, shall, after

a judicial investigation, restore fourfold the value of the property

stolen, or appropriated; and if he should cause any bloodshed, or

personal injury, he shall render complete legal satisfaction for the

same. If a slave should commit such an offence, without the knowledge

of his master, he shall receive a hundred lashes; and his master shall

be liable for the compensation due for his act. If his master should

be unwilling to pay the sum required, he shall at once surrender the

slave.[42]

=ANCIENT LAW.=

=XIII. Whether a Person Caught in the Act of Robbery may be Killed.=

Where anyone takes the property of another by force, and is wounded,

or killed in the act, he who inflicted the injury shall incur no legal

responsibility for the same.

TITLE II. CONCERNING ARSON AND INCENDIARIES.

=I.= _Concerning Those who set Fire to Houses, either Within

or Without a City._

=II.= _Where Forests are set on Fire._

=III.= _Where a Conflagration Results from the Smouldering Camp

fire of a Traveller._

=I. Concerning those who set Fire to Houses, either Within or Without a

City.=

Whoever sets fire to the house of another in a city, shall be arrested

by order of the judge, and condemned to be burned alive; and shall

pay out of his own property the loss incurred by the owner of the

house, as well as the price of the house itself, should the latter

be consumed. He whose house was burned shall swear to the amount of

property therein, in the presence of as many witnesses as the court may

direct, and shall not demand the value of more than he was possessed

of, nor shall he put an excessive estimate upon the value of his house;

and if, after he has made oath, he should be convicted of any fraud,

he shall be compelled to pay twice the amount of the sum exacted as

legal compensation, to whomever the same is due. But if the fire

kindled in the house aforesaid should spread through the neighborhood,

the property of the incendiary shall be equitably distributed in

proportion to the damage incurred by those who lost their house, or

their chattels. If, after satisfaction has been made to him whose house

was set on fire, it should be found that he still had some property

remaining, he must then swear, in the presence of witnesses, that he

did not demand a greater sum than he had lost. And if, after having

made such an oath, it should be found that he has perjured himself,

he shall be compelled to pay double the amount prescribed by law, to

him whom he attempted to defraud. Whoever sets fire to a house outside

a city, shall pay for all property burned in said house, and shall

also, at once, pay the value of the house to the owner; but he whose

house has been burned must declare, under oath and in the presence of

witnesses, that he does not demand a greater sum than he has lost.

And if, after having been sworn, it should appear that he did exact a

greater sum, he shall be compelled to pay double the amount to him who

sustained the injury.

If any houses adjoining the one which was set on fire should be

consumed, and any property of the incendiary should remain, out of

which the owners of said houses can be partially or wholly indemnified,

they shall be entitled to their share. They, also, must make oath, in

the presence of witnesses, that they do not claim an amount: in excess

of their losses; and if it is found that they have perjured themselves,

or have demanded an excessive sum, they shall pay double the amount

thus exacted, to him who was the victim of the fraud, and the

incendiary shall receive a hundred lashes. Anyone having been convicted

of such an offence, who does not possess the property wherewith to make

restitution, shall be reduced to slavery.

Where a slave is convicted of incendiarism inside or outside a city,

and his master should wish to liberate him from the punishment of

so heinous a crime, he shall, without delay, render full pecuniary

satisfaction for the same, and the slave shall receive two hundred

lashes in public. He whose house was burned, shall be compelled to

swear that he does not claim a larger sum than the property was worth.

If the master should be unwilling to render satisfaction for the act of

his slave as aforesaid, the slave shall be surrendered to be punished,

and shall be beheaded.

=II. Where Forests are set on Fire.=

Anyone who burns a grove belonging to another, or any pine or fig tree,

or any other tree, of any description whatever, shall be arrested by

order of the judge; shall receive a hundred lashes; and shall render

pecuniary satisfaction for the injury done; the amount of which shall

be determined by the estimate of competent appraisers. If a slave

should commit this offence, without the knowledge of his master, he

shall receive a hundred and fifty lashes. Where the master is unwilling

to render satisfaction for the act of his slave, he shall surrender

him, in full amends for the same, even if the loss occasioned by said

slave should amount to double or triple his value.

=ANCIENT LAW.=

=III. Where a Conflagration Results from the Smouldering Campfire of a

Traveller.=

Whoever, while encamped during a journey, kindles a fire, either on

account of the cold, or for the purpose of cooking food, must use care

lest the fire spread, and that it may not break out in thorns, or dry

forage, by which it is easily fed; and if it should be rekindled,

he must extinguish it. If, however, the fire should extend, and any

crop, threshing floor, vineyard, house, or orchard, should be consumed

thereby, he who neglected to extinguish the fire which he kindled shall

be compelled to pay the full value of all the property consumed.

TITLE III. CONCERNING INJURIES TO TREES, GARDENS,

OR GROWING CROPS OF ANY DESCRIPTION.

=I.= _Concerning the Compensation for Cutting Down Trees._

=II.= _Where Anyone Destroys the Garden of Another._

=III.= _Where Injury, or Homicide, Results from the Cutting

Down of a Tree._

=IV.= _Where a Tree is Partially Cut Down, or is Injured by

Fire._

=V.= _Concerning the Cutting Down, Tearing Up, or Burning of

Vines; and the Seizure of Growing Crops._

=VI.= _Where Fences are Cut Down, or Burned._

=VII.= _Where Fence Posts are Cut._

=VIII.= _Where Anyone is Caught with a Vehicle, in a Wood

Belonging to Another._

=IX.= _Concerning the Unreasonable Enclosure of Orchards,

Vineyards, and Pastures._

=X.= _Where Animals are Voluntarily Loosed in Fields where

there are Crops, or in Vineyards._

=XI.= _Where Animals Damage Growing Crops._

=XII.= _Where an Enclosed Field is Ruined by Flocks._

=XIII.= _Where Fruits of any Kind are Destroyed by Animals._

=XIV.= _Where, while Anyone is Driving Cattle out of Cultivated

Fields, Another Person Rescues them, or Takes

Possession of them afterwards Secretly or by Force._

=XV.= _Concerning Animals Found in Vineyards, Fields of Grain,

or Meadows._

=XVI.= _Where Animals Depart from Fields of Growing Grain

Before they are Driven Out._

=XVII.= _Where Anyone Mutilates an Animal found in a Field of

Grain._

=ANCIENT LAW.=

=I. Concerning the Compensation for Cutting Down Trees.=

Where anyone, without the knowledge of the owner, cuts down a tree

belonging to another; if it is a fruit tree, he shall pay three

_solidi_; if it is an olive, five _solidi_; if it is an oak

of large size, two _solidi_; if it is an oak of small size, one

_solidus_; and for a tree of any other species of considerable

size, he shall pay two _solidi_. For such trees, although they do

not bear fruit, are useful for many purposes. And this compensation

shall be made if the trees should be only cut down; for if they should

be cut down and carried away, either similar trees must be given in

their stead, or double the above named sums must be paid.

=ANCIENT LAW.=

=II. Where Anyone Destroys the Garden of Another.=

Where anyone destroys the garden of another, he shall, at once, be

compelled by the judge to pay to the owner a sum equal to the amount

of damage which he has caused. If a slave should be guilty of this

offence, he shall, in addition to the payment of said damages, receive

a hundred lashes.

=ANCIENT LAW.=

=III. Where Injury, or Homicide, Results from the Cutting Down of a

Tree.=

If anyone should cut down a tree, and any injury should result; or if

the tree, in falling, should kill anyone; he who cut it down shall be

responsible for the same. If, however, a number of men should be in

the neighborhood of said tree, and the party should previously notify

them that the tree was about to fall; and if, after he gave such

notice, anyone should be injured or killed by the falling branches, he,

who cut down the tree shall incur no liability whatever. But if the

fall of the tree should cripple or injure any person who is old, or

weak, or asleep, or unable to take care of himself; or any cattle of

any description; the guilty party shall give to the master for every

quadruped, one of equal value; and where a man is killed, he shall

be deemed guilty of homicide. In case any person should be mutilated

or crippled, he who caused the damage, shall be compelled to render

satisfaction as prescribed by law; and if anyone should forcibly

cut down a tree belonging to another, he shall at once render full

compensation therefor. If the owner of a tree should have refused to

permit it to be cut down, and any person should be killed while he was

cutting it, no responsibility shall attach to anyone on account of his

death.

=ANCIENT LAW.=

=IV. Where a Tree is Partially Cut Down, or is Injured by Fire.=

Where a tree has been partly cut down, or has been burned anywhere by

fire, and, in the absence of him who, without malicious intent, cut it,

or began to burn it, the tree should fall, said party shall in no way

be responsible for any damage caused by said tree in its fall.

=ANCIENT LAW.=

=V. Concerning the Cutting Down, Tearing Up, or Burning of Vines; and

the Seizure of Growing Crops.=

Whoever burns, cuts down, or tears up by the roots a vineyard belonging

to another, or lays waste the same, shall be compelled to give two

vineyards of equal value to the master thereof, and the owner of

the vineyard which was destroyed shall still retain possession of

it. If anyone forcibly seizes the fruit of a vineyard, he shall

restore twofold the value of said fruit, and shall also make twofold

restitution of whatever he has destroyed; and the value of the same

shall be ascertained by the oath of those who were collected there at

the time of the vintage. A slave who commits such an offence without

the order of his master, shall receive ten lashes for every vine torn

up or destroyed, and shall make restitution of all the fruit he has

taken; or, if his master should wish to render satisfaction for his

act, he shall pay a _solidus_ for every six vines destroyed.

But if great injury should have been done, and his master should be

unwilling to render satisfaction for it, he shall surrender said slave

without delay.

=ANCIENT LAW.=

=VI. Where Fences are Cut Down, or Burned.=

If anyone should cut down a fence anywhere, or should burn the fence of

another; if he is a person of rank, he shall both repair said fence,

and make reparation in damages. Where, however, any loss of crops has

resulted to the owner from the destruction of said fence, said person

shall not only pay the damages, as estimated by appraisers, but shall

pay ten _solidi_ in addition. Where said enclosure was an orchard

with or without fruit, or a meadow, he shall be compelled to pay five

_solidi_. Where the enclosure was a field where there were no

fruit trees, the offender shall only be required to repair the fence.

If a person of inferior rank should commit such an act, he shall pay

the appraised value of the fruit or grain destroyed; shall repair the

fence; and shall receive fifty lashes in public. Where the guilty party

is a slave and acts without the knowledge of his master, he shall pay

all damages incurred, repair the fence, and receive a hundred lashes.

If the destruction of the fence was caused by accident, he shall only

repair the same; for the reason that an act involuntarily committed is

no crime.

=ANCIENT LAW.=

=VII. Where Fence Posts are Cut.=

Whoever cuts down the posts of a fence, or the tree trunks of a hedge

belonging to another, or burns the same (even though the land enclosed

by said fence or hedge contains no fruit or crops of any kind) shall be

compelled to pay fourfold the value of the property destroyed. Where,

however, there are fruits or crops of any kind within said enclosures,

the guilty party shall be forced to pay one _tremisa_ for every

post or tree trunk cut down, or burned; and if any damage should result

to said fruit or crops, he shall be liable for the same. We hereby

decree that this rule shall also apply to the case of gardens.

=ANCIENT LAW.=

=VIII. Where Anyone is Caught with a Vehicle, in a Wood Belonging to

Another.=

If any person should find another in his forest with a vehicle for the

purpose of carrying away material for barrel-hoops, or any other kind

of wood, without permission, the trespasser shall lose both oxen and

vehicle, and the owner shall also be entitled to whatever the thief or

trespasser has with him.

=ANCIENT LAW.=

=IX. Concerning the Unreasonable Enclosure of Orchards, Vineyards, and

Pastures.=

If the owner of a vineyard, meadow, or pasture-field, should surround

it with ditches, for the purpose of causing annoyance, and in such a

manner that it cannot be crossed, unless through a vineyard or growing

crop; anyone who passes through the latter shall not be responsible for

any damages resulting therefrom. Where anyone surrounds open fields

with ditches, travellers may disregard them, nor shall anyone presume

to drive them out of said fields.

=ANCIENT LAW.=

=X. Where Animals are Voluntarily Loosed in Fields where there are

Crops, or in Vineyards.=

Anyone who shall, intentionally, drive beasts of burden, oxen, or any

kind of cattle into a vineyard, or field of growing grain, belonging to

another, shall be compelled to pay all damages, after they have been

appraised. If he is a person of high rank he shall pay a _solidus_

for every horse, or ox, and for every head of other cattle, a

_tremisa_, to him who has sustained the injury. If he is a person

of inferior rank, he shall pay for the property destroyed and one half

its value, in addition; and shall receive forty lashes in public. If a

slave should commit such an act, without the authority of his master,

either he, or his master, must pay all damages incurred, and the slave

shall receive sixty lashes.

=ANCIENT LAW.=

=XI. Where Animals Damage Growing Crops.=

Where animals belonging to any person injure the vineyard or growing

grain of another, the owner of said animals shall give to the person

whose property was damaged, as much of another vineyard or field,

with its fruit or crop, as is equal in value to that destroyed by

said animals. If the owner of said animals should not have a field or

vineyard with which to make restitution, he shall give as much fruit

or grain as shall be estimated to be equal in value to the land in

question.

=ANCIENT LAW.=

=XII. Where an Enclosed Field is Ruined by Flocks.=

If anyone turns cattle into an enclosed meadow, at such a time that

the grass will not grow afterwards, so that it can be cut, and he who

committed this act should be a slave, he shall receive forty lashes

with the scourge, and shall give to the owner of said meadow, hay equal

in amount to that which was destroyed. If he is a person of inferior

rank, he shall pay one _tremisa_ for every two head of cattle, and

make restitution for the hay; if he is a person of superior rank, he

shall pay one _solidus_ for every two head of cattle, and shall

make restitution for the hay, according to its value, as aforesaid.

=ANCIENT LAW.=

=XIII. Where Fruits of any Kind are Destroyed by Animals.=

If anyone should find a horse, or any cattle belonging to another in

his vineyard, field of grain, meadow, or garden, he must not drive them

out in anger, lest they be injured thereby; but, having driven them

home, he must shut them up, and notify the owner; that the amount

of damage caused by said cattle may be appraised by themselves, or

by their neighbors. Both parties must visit the field in question;

and, after they have examined it, that part of the pasture, vineyard,

meadow, or crop, which was injured shall be measured, and they must

then wait until the fruit is gathered, or the crop harvested, in order

that the damage may be estimated by its comparison with that portion

of the field which was uninjured; and the fruit shall be gathered,

or the grain harvested, in the presence of witnesses, both from that

portion which was damaged, and that which was intact; and whatever

deficiency shall appear in the portion invaded by the cattle, must be

made up by the owner of said cattle. The cattle, after the field shall

have been measured, as aforesaid, shall be returned to their owner, as

is provided by law. If any of them should be injured, on account of

the unbridled anger of him who drives them out, the latter shall only

pay their full value to their owner, and shall be entitled to retain

all that he has mutilated or killed; provided, however, that he has

previously paid for them. Where any cattle, while being driven out, are

injured by accident, and not by design; or should be killed, or should

fall upon posts, or stakes; the party driving them shall only be liable

for one half the damages sustained, as has been provided by other laws.

=ANCIENT LAW.=

=XIV. Where, while Anyone is Driving Cattle out of Cultivated Fields,

Another Person Rescues them, or Takes Possession of them afterwards,

Secretly or by Force.=

Where anyone rescues cattle by force from any person driving them

out of his own vineyard or field of grain; if he is a person of high

rank, he shall pay five _solidi_, and be responsible for double

the damage sustained, after appraisement of the same; if, however, he

should be a person of inferior station, and should not have the means

wherewith to make restitution, he shall receive fifty lashes, and shall

be compelled to pay double the amount of damages. If a slave should

be guilty of this offence, he shall receive a hundred lashes in the

presence of the judge; and no reproach or responsibility whatever shall

attach to his master. Where any person removes cattle from a house,

or out of an enclosure, or seizes them by force, he shall pay eight

_solidi_ to the party injured, and shall also be liable to double

damages. If a slave should do this he shall receive a hundred lashes,

and his master shall be in no way responsible.

=XV. Concerning Animals Found in Vineyards, Fields of Grain, or

Meadows.=

Anyone who finds, and takes up beasts of burden, or cattle of any kind,

in his vineyard, field of grain, meadow, or garden, shall, on that day

or the following, give notice thereof to the owner of said cattle. If

the owner should refuse to come, or send for them, the amount of damage

shall be appraised by the neighbors, and full satisfaction of the same

shall be required by the judge from said owner. If he who took up the

cattle should prove or swear that the damage was committed by said

animals, and the owner of the cattle should not come to receive them,

or should not be present at the appraisement of the damage; he who took

them up shall only give them water and keep them shut up for three

days; and the owner, who neglected to be present at the appraisement,

shall have no claim against the party retaining said cattle for the

space of three days. When the three days are elapsed, he may let the

animals go, and turn them loose, if their owner should still refuse

to come for them; and, on account of the evident contempt of the

latter, he shall be compelled to pay double the amount of the damages

appraised. But if the owner of said cattle should come to him whose

property was injured, and ask him to have the amount of the damages

appraised, and to deliver up the cattle to him, and the former desiring

to kill said cattle, should not acquiesce; if it should be proved that

he has done this, he shall pay for every head of large cattle one

_solidus_, and for every head of small ones, one _tremisa_.

This law shall also apply to those who, before three days have elapsed,

did not give notice that the cattle were shut up. If a slave should

commit this offence, without the consent of his master, he shall

receive a hundred lashes, and his master shall incur no responsibility

whatever on account of his act.

=ANCIENT LAW.=

=XVI. Where Animals Depart from Fields of Growing Grain Before they are

Driven Out.=

If any beasts of burden, or cattle, should depart from orchards or

fields of grain, before they are driven from the same, it shall not be

lawful to take them up, because it is not known whether they caused the

damage or not. But if the owner, or any neighbor, should drive them

out, said owner shall be liable for any injury they may have caused.

=ANCIENT LAW.=

=XVII. Where Anyone Mutilates an Animal found in a Field of Grain.=

If anyone should cut off the lips, tail, ears, or any other member

of any cattle, or other animals, which he has found in his orchard,

vineyard, or field of growing grain, or should kill them, or should

inflict upon them any other injury, they shall become the property of

the party who thus kills or mutilates them, and he shall at once give

to the owner others of equal value.

TITLE IV. CONCERNING INJURIES TO ANIMALS, AND OTHER PROPERTY.

=I.= _Where a Horse, or any other Animal, which has been

Tied Up, is Removed, or Injured, in any Way, Without

the Consent of the Owner._

=II.= _Where any Animal which has been Loaned, is Used

against the Direction or Will of the Owner, or is

Abused._

=III.= _Where the Mane or Tail of a Horse, or any Other

Animal, is cut off by Anyone._

=IV.= _Where Anyone Castrates an Animal Belonging to

Another._

=V.= _Where Anyone Produces an Abortion upon a Beast of

Burden Belonging to Another._

=VI.= _Where Anyone Produces an Abortion upon any kind of

Animal Belonging to Another._

=VII.= _Where Animals of any kind Injure One Another._

=VIII.= _Where a Person Kills an Animal Belonging to Another,

whether he has been Injured by said Animal, or Not._

=IX.= _Where an Ox, Belonging to Another, is Used for Labor,

without the Consent of its Owner._

=X.= _Where Animals, of any kind, Belonging to Another, are

Overworked in the Threshing of Grain._

=XI.= _Where Cattle, which have done no Injury, are Shut Up._

=XII.= _Where an Animal Causes Injury to Anyone._

=XIII.= _Where an Animal is Injured, or Killed, by a Blow._

=XIV.= _Where Cattle, Belonging to Another, with or without

the Knowledge of the Owner, are Mingled with the Herd

or Flock of the Latter._

=XV.= _Where Anything Intended to Frighten an Animal is

Fastened to it, and it should be either Injured, or

Killed, in Consequence._

=XVI.= _Where a Vicious Animal, while on the Premises of its

Owner, Kills Anyone._

=XVII.= _Where Anyone Rids himself of a Vicious Animal, or

Still Retains it in his Possession._

=XVIII.= _Where Anyone Teases an Animal and is Injured by it,

he Alone shall be Responsible for the Injury._

=XIX.= _Where a Dog that has been Irritated, whether the

Provocation was Wanton or not, is Proved to have

Injured, or Killed Anyone._

=XX.= _Concerning a Vicious Dog._

=XXI.= _Concerning Injuries to Clothing._

=XXII.= _Where a Trespasser Falls into a Trap set for Wild

Animals._

=XXIII.= _He who sets Snares or Traps for Wild Beasts, must

Inform his Neighbors of the Places where said Snares

are Set._

=XXIV.= _Concerning Injuries Resulting from the Obstruction of

Highways._

=XXV.= _Of the Space that is to be Preserved along Public

Highways._

=XXVI.= _Where the Animals of Persons Traversing Fields that

are not Enclosed, are Driven Away._

=XXVII.= _Animals Driven along the Highway Cannot be Excluded

from Open Pastures._

=XXVIII.= _He who has Land under Cultivation along the Bank of

a River, has a Right to Enclose the Same._

=XXIX.= _Concerning the Right to Enclose Streams._

=XXX.= _Concerning Those who Damage Mills, and Ponds._

=XXXI.= _Concerning Those who Steal Water from Streams

Belonging to Others._

=ANCIENT LAW.=

=I. Where a Horse, or any other Animal, which has been Tied Up, is

Removed, or Injured, in any way, Without the Consent of the Owner.=

If any person should free a horse, or any other animal belonging to

another, from its halter, or from its hobbles, without the knowledge of

the owner, he shall pay him a _solidus_. If said horse, or other

animal, should die, in consequence, said person shall give its owner

another of equal value. If he should use said animal to travel, or to

work with elsewhere, without the knowledge of the owner, he shall be

compelled to give him another of equal value; provided the owner should

find him on that day, or on the following one. If said animal should

not be found by the third day, the person who took it shall be deemed

guilty of theft.

=FLAVIUS RECESVINTUS, KING.=

=II. Where any Animal which has been Loaned, is Used against the

Direction or Will of the Owner, or is Abused.=

Anyone who, contrary to the wishes or understanding of the owner,

abuses an animal which he has borrowed, by driving it too fast or too

far, or by overloading it, shall pay a _solidus_ for every ten

miles traversed by said animal. If they should have gone less than

ten miles, the distance, as well as the work, shall be estimated,

and compensation shall be made accordingly. If said animal should be

crippled, or killed, it shall belong to him who committed the injury,

and he shall give one of equal value to the owner.

=ANCIENT LAW.=

=III. Where the Mane or Tail of a Horse, or of any Other Animal, is cut

off by Anyone.=

Anyone who disfigures the mane of a horse belonging to another, or cuts

off its tail, must at once give to the owner of the same another animal

of equal value. Should any other animal be mutilated in this manner,

the third part of a solidus must be paid for every one so mutilated.

=ANCIENT LAW.=

=IV. Where Anyone Castrates an Animal Belonging to Another.=

Whoever castrates any quadruped used for racing purposes, without the

knowledge or consent of the owner; or castrates any animal which ought

not to be castrated; shall be compelled to pay double the value of

said animal to the owner of the same, who has been damaged on account

of his malice.

=ANCIENT LAW.=

=V. Where Anyone Produces an Abortion upon a Beast of Burden Belonging

to Another.=

Whoever produces an abortion upon a mare, shall give to the owner of

the same a foal, one year old, by way of compensation.

=ANCIENT LAW.=

=VI. Where Anyone Produces an Abortion upon any kind of Animal Belonging

to Another.=

If anyone should produce an abortion upon a cow, he shall be compelled

to give another, along with her calf, to the owner; and he himself

shall be entitled to the animal injured. This law shall also apply to

the cases of all other quadrupeds.

=ANCIENT LAW.=

=VII. Where Animals of any kind Injure One Another.=

Where beasts of burden, or any kind of cattle, injure others belonging

to another person, the owner of those that caused the damage shall give

to the owner of the former, others of equal value, and the injured ones

shall become his own property.

=ANCIENT LAW.=

=VIII. Where a Person Kills an Animal Belonging to Another, whether he

has been Injured by said Animal, or Not.=

Where any person, without provocation, is convicted of having killed or

wounded an animal belonging to another; he shall be compelled to give

one of the same value to the owner thereof, by way of reparation; if

he is a slave, he shall receive fifty lashes in public; but if he is a

freeman, he shall pay a fine of five _solidi_. Where, however,

said animal was killed or mutilated, on account of some damage it had

committed, said person shall be liable for the value of said animal,

and for nothing more.

=ANCIENT LAW.=

=IX. Where an Ox, Belonging to Another, is Used for Labor, without the

Consent of its Owner.=

Where anyone, without the knowledge of its owner, attaches his ox to a

vehicle, for the purpose of hauling anything, or uses said ox for any

other purpose, he shall give another, of the same value, to the owner

thereof.

=ANCIENT LAW.=

=X. Where Animals, of any kind, Belonging to Another, are Overworked in

the Threshing of Grain.=

Whoever works a horse, or any other animal, belonging to another,

upon a threshing floor, shall pay a _solidus_ for each animal so

used. If said animal should die in consequence, he shall both pay the

_solidus_ aforesaid, and give another animal, of the same value,

to the owner.

=ANCIENT LAW.=

=XI. Where Cattle, which have done no Injury, are Shut Up.=

Whoever confines any cattle in an enclosure, when no damage has been

previously caused by them, if he is a slave, and has done this without

his master’s knowledge, he shall receive forty lashes; and if he is a

freeman, he shall be compelled to pay one _tremisa_, for every

two cattle, to the owner thereof. In case any of said cattle should

be mutilated or killed, compensation for the same shall be made, as

provided by a former law.

=ANCIENT LAW.=

=XII. Where an Animal Causes Injury to Anyone.=

Where any quadruped, while under the control of its owner, causes any

damage, the owner shall either surrender said animal to the party who

sustained the injury, or shall make such other amends as shall be

ordered by the judge.

=ANCIENT LAW.=

=XIII. Where an Animal is Injured, or Killed, by a Blow.=

Where anyone strikes a beast of burden belonging to another, so that,

by reason of the blow, said animal is either crippled or killed, he who

struck the blow shall be compelled to give to the owner of said animal

another of equal value, and shall be entitled to the animal that was

injured. If said person should not have a beast of burden wherewith to

make restitution, as aforesaid, he shall pay the appraised value of the

animal to the owner thereof. A similar rule shall apply to horses and

to all other animals.

=ANCIENT LAW.=

=XIV. Where Cattle Belonging to Another, with or without the Knowledge

of the Owner, are Mingled with the Herd or Flock of the Latter.=

If any cattle belonging to one person should be mingled with those of

another, and the owner of the latter should be aware of the fact; and

said cattle should leave, of their own accord, without his knowledge;

the owner of the strayed cattle shall take the oath of the other party,

that they were not removed through any guilty design, or fraud on

his part; and that he has not appropriated them for his own use, or

transferred them to anyone; and, under such circumstances, he shall

incur no liability. If, however, he should drive said cattle to his

house, and should not inform the judge, or give public notice of the

fact, within eight days, he shall pay double the value of said cattle,

by way of satisfaction.

=XV. Where Anything Intended to Frighten an Animal is Fastened to it,

and it should be either Injured, or Killed, in Consequence.=

Any person who should be known to have attached to a horse’s tail, the

head or bones of a dead animal, or anything else by which it might be

frightened, and, in consequence, the horse, while running, should be

injured, or killed; said person shall be compelled to immediately give

to the owner a sound animal, on account of his transgression of the

law. Where, however, the horse sustains no injury, the offender shall

receive fifty lashes, and, if he be a slave, he shall receive a hundred

lashes with the scourge.

=ANCIENT LAW.=

=XVI. Where a Vicious Animal, while on the Premises of its Owner, Kills

Anyone.=

Where any person has in his possession an ox, a bull, or any other

animal which is known to be vicious, said animal must at once be

killed, lest it injure someone. If, after the owner has been informed

by the neighbors of the vicious disposition of said animal, he should

still retain possession of it, and defer killing it through fear,

or for some other reason; and said animal should subsequently kill,

cripple, or wound anyone, said owner shall give the satisfaction

required by law in case of homicide; that is to say, the regular

compensation provided in the cases of men and women, children and

slaves, of both sexes. Thus, if said animal should kill a person of

eminent rank, five hundred _solidi_ shall be paid. In the case of

freedmen, half of the above sum, that is to say, two hundred and fifty

_solidi_, shall be given by way of satisfaction. If said animal

should kill a slave belonging to another, the master of said slave

shall receive, by way of reparation, from the owner of said animal,

two slaves of equal value to the one that was killed. For a freeman of

inferior rank twenty years of age, who has been killed, three hundred

_solidi_ shall be paid; and the same sum shall be required for the

deaths of all persons up to the age of fifty; for all persons killed,

who are from fifty to seventy-five years old, two hundred _solidi_

shall be paid. A hundred _solidi_ shall be sufficient for all who

are over seventy-five years of age. For those who are aged fifteen,

a hundred and fifty _solidi_ shall be exacted, and for those

of fourteen years, a hundred and forty _solidi_; for those of

thirteen, a hundred and thirty _solidi_; for those of twelve,

a hundred and twenty; for those of eleven, a hundred and ten; for

those of ten, a hundred; for those of nine, eight, or seven years,

ninety _solidi_ shall be paid. For children of six, five, or four

years, eighty _solidi_; for those of three or two years, seventy

_solidi_; and for those of one year, sixty _solidi_ shall

be required. If said animal should kill the daughter or wife of any

person, who is between the age of fifteen and forty years, two hundred

and fifty _solidi_ shall be paid; for those between the ages of

forty and sixty, two hundred _solidi_; and for all beyond that

age, a hundred _solidi_ shall be paid. For any female of fifteen

years or under, the owner of said animal shall be required to pay half

the amount of compensation, according to the age of the victim, as has

been provided in the case of boys.

=ANCIENT LAW.=

=XVII. Where Anyone Rids himself of a Vicious Animal, or Still Retains

it in his Possession.=

Whoever has in his possession a vicious ox, or any other dangerous

animal, must either kill or dispose of it, and notify his neighbors

that he has done so. If he should not kill or dispose of it as

aforesaid, but should keep it, he shall be liable for any damage caused

by said animal while under his control.

=ANCIENT LAW.=

=XVIII. Where Anyone Teases an Animal and is Injured by it, he Alone

shall be Responsible for the Injury.=

Whoever shall provoke a vicious ox, dog, or any other animal, to attack

him, shall alone be responsible for any damage resulting to himself

from the attack of said animal.

=ANCIENT LAW.=

=XIX. Where a Dog that has been Irritated, whether the Provocation was

Wanton or not, is Proved to have Injured, or Killed Anyone.=

Where a dog bites another person not his owner, and said person is

known to have been crippled or killed, in consequence thereof, no

responsibility shall attach to the owner of the dog, unless it shall

be proved that he caused said dog to make the attack. If, however, he

should encourage his dog to seize a thief, or any other criminal, and

the latter should be bitten while in flight, and should be crippled,

or die from the effects of the bite, the owner of said dog shall incur

no liability therefor. But if he should cause said dog to injure an

innocent person, he must render satisfaction according to law, in the

same manner as if he himself had inflicted the wound.

=ANCIENT LAW.=

=XX. Concerning a Vicious Dog.=

Where a vicious dog, belonging to anyone, kills sheep, or destroys

other animals, and is caught, the owner of said dog must, as soon as

he is notified, surrender it to him whose sheep were first injured, in

order that he may kill it. If, however, he should be unwilling to kill

the dog himself, or surrender him, as aforesaid, the owner of the dog

shall be liable to double the value of any animals thereafter destroyed

by him.

=FLAVIUS CHINTASVINTUS, KING.=

=XXI. Concerning Injuries to Clothing.=

Whoever, at any time, cuts the clothing of another, or tears it, or

so soils it that the spots cannot be removed without injury to the

garment, shall be responsible for said act, and shall give the owner

a new garment of equal value. Should he, however, not own such a

garment, he shall be compelled to give to the owner the value of a new

one, similar to that which he spoiled; and he shall be entitled to the

one that was damaged. If the guilty person should be a slave, and his

master should refuse to grant satisfaction for his act, he must at once

surrender said slave to be punished according to the degree of the

crime.

=ANCIENT LAW.=

=XXII. Where a Trespasser Falls into a Trap set for Wild Animals.=

Where a person sets traps for wild animals in his vineyard or field,

and anyone, while attempting to commit a theft, should be caught in

any of said traps, the party injured shall alone be to blame, for the

reason that he was trespassing on the premises of another.

=ANCIENT LAW.=

=XXIII. He who sets Snares or Traps for Wild Beasts, must Inform his

Neighbors of the Places where said Snares are Set.=

Where anyone, in order to catch wild beasts, digs pits in his fields or

vineyards, or sets snares, or fixes bows and ballistas in retired or

deserted places, remote from any highway, which are not often visited

by man, and where cattle have not easy access, and an animal belonging

to any person should be injured or killed by the contrivances placed

for wild beasts, as aforesaid, the negligent hunter, through whose

act the animal was killed, shall pay the value of the same to the

owner, because he did not use a proper degree of care. Said hunter

should previously give notice to all the neighbors; and if, after

such notification, anyone is injured by the traps aforesaid, he who

set them shall not be liable, because the party injured subjected

himself to danger, in disregard of the warning he had received. If,

however, anyone coming from a distance, and who had not been previously

notified, should ignorantly fall into any of said snares, and should

be injured or killed thereby, he who set said snares or traps for

wild beasts shall pay the third part of the compensation prescribed

by law, for persons injured or killed; for the reason that men, while

on a journey, should not, without their knowledge, be exposed to such

dangers.

=ANCIENT LAW.=

=XXIV. Concerning Injuries Resulting from the Obstruction of Highways.=

Where a public highway is obstructed, no one shall be legally liable

who breaks down a fence, or a wall, crossing or enclosing it. And he

who encloses or obstructs a public highway, shall be conducted by order

of the judge to the fence or wall traversing it, shall there receive

a hundred lashes, and be compelled to remove said obstruction, and

restore the highway to its former condition, even though there should

be a growing crop upon the same. If, however, the act should have been

committed by a person of great power and exalted rank, he shall be

required to pay twenty _solidi_. Other persons guilty of such an

offence shall each be compelled to pay ten _solidi_, and all sums,

obtained in this manner, shall go to the benefit of the public treasury.

=ANCIENT LAW.=

=XXV. Of the Space that is to be Preserved along Public Highways.=

No one shall rashly violate our laws by enclosing a highway leading to

any of our cities or provinces, but a full half _arepennis_ shall

be left on each side of the same; in order that sufficient space may

be available for all travellers.[43] Any person of rank who violates

this law, shall be fined fifteen _solidi_. Persons of inferior

station shall be fined eight _solidi_ for the benefit of the

public treasury. Whoever has a field of grain, a vineyard, or a meadow,

along a highway of this description, may enclose the same with a fence

or hedge; and, should he be too poor to do so, he shall have the right

to protect his field by a ditch.

=ANCIENT LAW.=

=XXVI. Where the Animals of Persons, Traversing Fields that are not

Enclosed, are Driven Away.=

Whoever drives to his house, and shuts up, any horses, cattle, or

other animals that are crossing open and vacant fields, which anyone

had a right to enclose by ditches, shall be compelled to pay one

_tremisa_ for every two head of cattle so taken up by him.

If, however, he should merely drive them out, so that they cannot

be pastured, the damaged party shall be entitled to receive one

_tremisa_ for every four head of cattle excluded from said fields.

If the act aforesaid should be committed by a slave, without the

knowledge of his master, he shall receive a hundred lashes by order of

the governor of the city, or of the judge; and his master shall incur

no legal liability by reason of his act.

=ANCIENT LAW.=

=XXVII. Animals Driven along the Highway Cannot be Excluded from Open

Pastures.=

All persons travelling through pasture lands which are not enclosed,

have the right to deposit their baggage, and to pasture their beasts of

burden, and their oxen therein. Such persons, however, shall not remain

longer in one locality than the space of two days, unless they obtain

the consent of the owner of the land to do so; nor shall they cut down

valuable trees or oaks, to the roots, without permission of the owner

of the same. They shall not be forbidden, however, to cut off such

branches as may be necessary to feed their animals.

=ANCIENT LAW.=

=XXVIII. He who has Land under Cultivation along the Bank of a River,

has a Right to Enclose the Same.=

Whoever cultivates land in a place traversed by a stream, where there

is a ford through which cattle can pass, must enclose his crops with a

fence. Should he fail to do this, and any damage should result through

his neglect, he shall not be entitled to damages from any person,

because it is not just that his own negligence should be the occasion

of loss to another.

=ANCIENT LAW.=

=XXIX. Concerning the Right to Enclose Streams.=

No one shall, for his own private benefit, and against the interests

of the community, obstruct any stream of importance; that is to say,

one in which salmon and other sea-fish enter, or into which nets may

be cast, or vessels may come for the purpose of commerce. He shall,

however, not be forbidden to build a fence as far as the middle of the

channel, where the water is deepest, provided he leaves half of the

body of the stream free for the use of others.

Should anyone violate this law, the obstruction may be removed either

by the governor of the city, or by a judge, without any further

proceeding. If the party concerned is a person of high rank, he shall

pay ten _solidi_ to those whose rights were invaded, and if he is

a person of inferior station, he shall pay them five _solidi_, and

receive fifty lashes.

Where one person owns land on one side of a river, and another on the

other side, they shall not be permitted to entirely obstruct the same,

through each claiming that he has right to obstruct his half; but they

shall not be prohibited from placing their fences as far as the middle

of said stream, provided one fence be placed some distance above the

other. If, however, there should be only one part of said stream where

fences can be built, this shall be done in such a manner that nets may

be cast there, and vessels may freely pass. If the governor of a city,

or any other person, whosoever, should destroy the fence of anyone,

contrary to this decree, he shall pay ten _solidi_ to the owner

of said fence. If the culprit should be a person of inferior rank, he

shall be compelled to pay five _solidi_ to the owner of the fence,

and shall receive fifty lashes by order of the judge of the district,

and if he should be a slave, he shall receive a hundred lashes.

=XXX. Concerning Those who Damage Mills and Ponds.=

If anyone should injure a mill by violence, he shall be compelled

to repair the damage within twenty days; and, in addition, shall

pay twenty _solidi_. If he should not make such repairs within

the time aforesaid, he shall be compelled to pay twenty additional

_solidi_, and shall receive a hundred lashes. The same law shall

apply to injuries to mill ponds, and to all other artificial bodies of

water. Where a slave commits this offence, he shall repair the damage,

and receive a hundred lashes.

=FLAVIUS RECESVINTUS, KING.=

=XXXI. Concerning Those who Steal Water from Streams Belonging to Others.=

There are many districts where little or no rain falls, and where

water is supplied by streams; and it has been found that wherever

such streams fail, no crops can be raised. Henceforth, wherever there

are any important streams, and anyone secretly, or maliciously takes

water from the channels of others, he shall pay a _solidus_ for

every four hours that said water runs. Where said streams are of

smaller size, he shall pay one _tremisa_ for every four hours, as

aforesaid. And for as many hours as the water is proved to have flowed

upon the lands of others, for an equal number of hours the supply of

water shall be restored to the owner. If a slave should commit such an

act of his own accord, where water is taken from large streams he shall

receive a hundred lashes, and where it is taken from small streams,

fifty lashes.

TITLE V. CONCERNING THE PASTURAGE OF HOGS,

AND CONCERNING STRAYS.

=I.= _Where Hogs are Pastured on Acorns, Either without

Authority, or under Contract._

=II.= _Where Hogs are Fed on Acorns on Land Belonging to

Several Persons._

=III.= _Where Hogs Turned on Land to be Fed on Acorns, under

Contract, are Taken away by Stealth, Before the Tenth

Part of Said Hogs are Delivered._

=IV.= _Where Hogs are Found Wandering in Woodland._

=V.= _Where a Drove of Animals, of any Kind, Enter upon the

Pasture-land of Another Person._

=VI.= _Public Notice shall be given of Strays by him who Finds

them._

=VII.= _Whoever Finds any Strays shall take Proper Care of the

Same._

=VIII.= _No Stray Animal shall be Either Sheared, Branded or

Appropriated by Anyone._

=I. Where Hogs are Pastured on Acorns, Either without Authority, or

under Contract.=

Whoever finds any hogs in his woodland, at the time acorns are ripe,

must take something by way of pledge from the swineherd; and give

notice to the master, or parents of the owner, that should they so

desire, he will permit said hogs to run in his woodland, until the

customary time to pay one tenth of said hogs, as compensation, has

elapsed; and when said tenth has been delivered, he shall restore the

pledge which he took from the swineherd. If, however, the owner should

be unwilling to allow said hogs to run in his woodland, and he should

find them there a second time, he shall have a right to kill one of

them as a protection to his property, even when they are but few in

number. Where there are many of said hogs, he shall have the right to

kill two of them, and he shall incur no liability for said act; and if

he should find said hogs there for the third time, he must notify the

owner thereof, that he can still leave his hogs upon his premises, if

he will agree to give the tenth of said hogs by way of compensation,

according to custom. If, however, the owner of the hogs should be

unwilling to make such a contract, and the owner of the woodland

should find them upon his premises for the third time, as aforesaid,

he shall be entitled to retain one tenth of their entire number. If

anyone, under such a contract, should leave his hogs in the woodland

of another, and said hogs should feed until winter upon the lands of

a third party, he who entered into the contract shall nevertheless

be required to surrender his tenth of the same. If, after winter has

set in, he who brought the hogs to the woodland, should be unwilling

to keep them there, he shall be compelled to give to the owner of the

woodland one twentieth of the number according to custom.

=II. Where Hogs are Fed on Acorns on Land Belonging to Several

Persons.=

Where a dispute arises between persons holding oak forests in common,

for the reason that one has more hogs there than the other, he who has

the smaller number shall have a right to have the land so divided that

each one may keep his hogs upon his own portion, in such a way that

an equal number may be placed upon the same sized tract of land; and,

afterwards, the tenths due for pasture shall be set apart in the same

proportion as the divisions of the land.

=ANCIENT LAW.=

=III. Where Hogs Turned on Land to be Fed on Acorns, under Contract,

are Taken away by Stealth, Before the Tenth Part of said Hogs are

Delivered.=

Where anyone puts his hogs under contract, in the woodland of another,

and secretly removes them, before the customary tenth has been paid, he

shall be considered a thief, and shall not only pay the tenth which is

due from him, but shall also be liable for the compensation provided

by law for the crime of theft. If the offender should be a slave, and

should have acted without the knowledge of his master, he shall receive

a hundred lashes; and his master shall be liable for no damages, but

must deliver the tenth which is due. If, however, the slave should

have done this under the orders of his master, the latter must give

pecuniary satisfaction, as in the case of theft.

=ANCIENT LAW.=

=IV. Where Hogs are Found Wandering in Woodland.=

Where anyone finds hogs straying in his woods, he must either notify

his neighbors, or shut up said hogs. If the owner of the hogs should

not make his appearance, he who took them up shall be entitled to keep

one, and shall notify the nearest judge that he has stray hogs in his

possession. Then, if the owner of the same should not be found, he may

keep them as his own, and exact the tenth part of their number, in

compensation for pasturage, as is customary; and when the master does

come, he shall be entitled to a reasonable compensation for keeping

said hogs, which compensation shall be fixed by the judge, and shall

depend upon the time they were under the care of the person who took

them up.

=V. Where a Drove of Animals, of any Kind, Enter upon the Pasture-land

of Another Person.=

Where a flock of sheep, or a drove of cattle enter upon the

pasture-lands of another, the same rule shall be observed as has been

determined in the case of hogs. But travellers or strangers shall incur

no responsibility, for the reason that it is well determined that they

have the right to use pastures which are not enclosed. He who encloses

his own part of a pasture, and uses that of another, in the absence of

the master thereof, must not do so without the consent of the owner of

the same.

=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=

=VI. Public Notice shall be given of Strays by him who Finds them.=

It shall be lawful to take up horses, or any other animals, that have

strayed; but he who does so, must immediately give notice of the fact

to the bishop, the governor, the judge, the other authorities of the

district, or to a public assembly of the neighbors. If said party

should not give such notice, he shall incur the penalty of theft. A

similar rule shall apply to other property taken up under the same

circumstances.

=ANCIENT LAW.=

=VII. Whoever Finds any Strays shall take Proper Care of the Same.=

Whoever finds animals wandering without a keeper, must take them up,

so that they will not sustain any injury; and, while they are in his

charge, must care for them, as though they were his own. Where the

owner of a horse, or any other animal, finds him safe and sound, he

shall pay for each of said animals, four _siliquæ_, to him who has

cared for it, and, in addition, as much as the latter has expended for

the sustenance of the same. If, however, the person who took up said

animal should injure it, he shall be compelled to give two others, of

the same kind, to the owner thereof.

=VIII. No Stray Animal shall be Either Sheared, Branded or Appropriated

by Anyone.=

No one shall clip or sell a stray horse which he has taken up, nor

shall he place any mark or brand upon any oxen, or cattle, of any

description whatever. If anyone should sell, or give away, a stray

animal, he shall be held as a thief under the law. Whoever shears a

stray animal, shall be compelled to pay three _solidi_, and he

shall be liable to the same penalty, who places a mark, or brand of any

kind, upon such an animal.[44]

TITLE VI. CONCERNING BEES, AND THE DAMAGE THEY CAUSE.

=I.= _Where a Person Finds Bees on his Property._

=II.= _Where Bees Cause any Damage._

=III.= _Concerning the Theft of Bees._

=I. Where a Person Finds Bees on his Property.=

Where anyone finds bees on his premises, whether in his grove, or in

the rocks, or in the trees, or in any place whatsoever, he must make

three marks, or characters, in testimony of possession, for the reason

that where only one mark is made, it often gives occasion for fraud.

If another person should make a mark of his own in the same place, or

should erase any which have already been made, he shall pay double the

value of the bees to him whom he defrauded, and shall also receive

twenty lashes.

=II. Where Bees Cause any Damage.=

Should anyone build an apiary in a town or village, and any damage

should result to others thereby, he must straightway be notified to

move it elsewhere, that the bees may not inflict further injury upon

men or animals in that locality; and if, after such notice, the owner

should neglect to move said apiary, and any quadruped should be injured

by the bees, the owner of the latter shall give two animals for every

one that is killed, and one for each that is crippled, to the owner

thereof; and shall be entitled to keep said injured animals; and shall

be compelled to pay five _solidi_ for neglecting to heed the

warning of the judge.

=FLAVIUS RECESVINTUS, KING.=

=III. Concerning the Theft of Bees.=

Any freeman who enters an apiary for the purpose of theft, and is

caught there, even though he should take nothing, for the mere

fact that he has been arrested in such a place, shall pay three

_solidi_, and receive fifty lashes. If, however, he should have

taken anything, he shall be compelled to pay ninefold its value, and

shall receive the number of lashes aforesaid. If a slave should enter

an apiary, without stealing anything, he shall receive a hundred

lashes; and if he should steal anything, he shall be compelled to

restore sixfold the value of the same; and if his master is unwilling

to render satisfaction for his act, he must deliver said slave to him

who suffered the loss.

The Visigothic code · 第 8 / 13 章