Chapter XXV: 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.