Book 12 — INDEX.

A.

Abortion, by drugs, 206;

on a freeborn woman, 206;

on a slave, 207;

penalty for, 208;

on a beast of burden, 286.

Accessories, to rape, punishment of, 93;

to homicide, 223;

to theft, 240.

Accusation of crime, penalty for false, 200.

Adulterer, if killed, not criminal homicide, 96.

Adultery, of freeborn woman with slave, 83;

committed with connivance of husband, 95;

of a betrothed, 95;

of a wife, 96;

where a girl guilty of, is killed, 96;

parties guilty of, cannot be legally killed by slaves, 97;

when a freeborn woman commits, 97;

property of persons who have committed, how disposed of, 99;

who may bring accusation of, 100;

proof of, 101;

sons may prosecute, 100;

where one is convicted of, with virgin or widow, 101;

with female slave, 102.

Advocate, must have written authority from client, 48.

Animals, hired to another, 171;

loaned, 172;

when secretly killed, 246;

where loosed in crops, 279;

when loaned, and abused, 285;

where injure another, owner liable, 286;

where used for the threshing of grain, 287;

where a vicious, kills anyone, 289;

where one retains a vicious, 290;

cannot be excluded from open pastures, 295.

Answer, a defendant cannot refuse to, because plaintiff had not presented claim, 38.

Arrest, governor of city must aid judge in, 250.

Arson, in and out of city, 271–272;

of forests, 272.

Assault and battery, 215;

by a slave, 217;

where bloodshed results, 264.

Attorney, must conduct case rapidly, 50;

who may be appointed, by powerful persons, and the poor, 52;

employment of, by the royal treasury, 52.

B.

Bailiffs, compensation of, 32;

entitled to horse for journey, 33.

Bailments, 171–172–173–174.

Bees, where cause damage, 303;

where a person finds, 303;

theft of, 303.

Bells, when stolen from cattle, 241.

Betrothal, girl cannot marry another, 76.

Bishops, power of, to restrain judges, 35;

cannot conduct cases in court, 47;

right to one third of revenues for repairs, 146;

arbitrary conduct of, 147;

abuses of, which guilty, 148;

punishment of, 155;

must give subordinates information, 149.

Bond, exacted by judge after unjust decree, void, 34.

Boundaries, disputes concerning, 348;

where change made in time of Romans, 350.

Brothers, have right to dispose of sisters in marriage, when, 76.

C.

Castration, when performed on animal, 285.

Cause of action, when arising in another district, 42.

Causes, not authorized by law, not to be heard, 22;

where determined, cannot be revived, 23;

cannot be heard by anyone not invested with judicial authority, 23.

Cattle, where shut up when have not done injury, 287.

Child, shall remain under control of father, 123;

shall receive inheritance at twenty years of age, 124;

how it may inherit, 127;

must be baptized before ten days old, 128;

posthumous, 127;

who acquires property during life of parents, 142.

Christian, a, shall not protect a Jew, 374;

judaizing, 376.

Christian slaves, sold or liberated by Jews, 369;

shall not attach themselves to Jews, 371;

shall not serve Jews, 392.

Church, donations to, 143;

preservation of property of, 144;

sales of property of, 144;

property in charge of those devoted to the service of, 145;

repairs of, 145.

Clothing, injuries to, 291.

Compromise, cannot be made without consent of court, 40.

Conflagration, when result of campfire, 273.

Consanguinity, degrees of, 117–118–119.

Constituent, responsible for attorney, must pay his fees, 51.

Contracts, how drawn up to be valid, 65;

penalties for repudiating, 65;

invalid if made by slaves, 65;

if dishonorable, void, 66;

party not liable when fraudulent, 66;

void where made under duress, 66.

Corpse, when removed from a grave, penalty for, 356.

Counterfeiting, slaves may be tortured to convict masters of, 261;

of solidi, 261.

Court must not be disturbed by tumult, 38;

contempt of, 250.

Criminal, when released by a judge, 252.

D.

Debt of deceased person, how collected, 180.

Debtor, a, cannot be removed from a church, 332.

Decalvatio, penalty of, 44.

Decree, if unjust, or promoted by fear, is invalid, 34.

Deputies, their power, 23.

Deserters, punishment of, 327.

Disinheritance, of children, 137;

not permitted except for grave causes, 138.

Divorce, cause and conditions of, 113;

only valid in case of fornication, 114;

disposal of property after, 114;

cannot exist between betrothed persons, 116.

Documents, fraudulently dated, 257;

penalty for, 258.

Documents, validity of, 64;

witness must know contents of, 64;

proof of and penalties prescribed by, 70.

Dog, when irritated and kills anyone, 291;

vicious, must be killed, 291.

Donations, extorted by force, void, 152.

Dowry, what it shall consist of, 79;

father shall exact and keep it, 79;

more cannot be required than the legal amount, 80;

when reduced to writing, items of, shall not be contested, 82;

what part a woman may bequeath, 139.

E.

Evidence, must be oral when possible, 57.

Exchange, has same validity as purchase, 160.

F.

False imprisonment, penalty for, 265.

Fences, when cut down or burned, penalty for, 277.

Festivals, to be observed like Sunday, 21.

Fictitious name, penalty for adopting, 256.

Fields, uninclosed, where traversed by animals, 294.

Flocks, where meadow injured by, 279.

Forcible entry, 210;

where death results, 210;

penalty, 210.

Forests, undivided between Goths and Romans, 337.

Forging, of royal orders, 253;

of documents, 216;

penalty for, 261–262.

Fornication, punishment of, 103.

Foundlings, rights of, 135;

compensation for support of, and penalty for casting away of, 135–136.

Fraud, where committed in a sale, 161.

Freedman, where claimed as a slave, 184;

where a, injures his former master, 185;

cannot testify, 186;

disposition of property of, 186;

cannot marry in family of patron, 189;

how a royal, shall defend king, 190;

if injures former master, 191.

Freedom, how revoked, 185.

Freeman, a, shall not refuse to answer a slave in court, 45;

where a, marries a slave, 84;

where a, allows himself to be sold, 162.

Freewoman, where a, marries without the consent of her parents, 87.

Fruits, where destroyed by animals, 279.

Fugitive, when released by anyone, 306;

slave must be produced before the judge, 307;

where are ignorantly received, 307;

where a slave directs, 309;

investigation of, 312;

where found in a house, 313;

reward for arrest of, 313;

where marries freeborn woman, 314.

G.

Garden, when destroyed, penalty, 275.

Gifts, bestowed upon one another by husband and wife, 155.

Goths and Romans, may intermarry, 76.

Guardian, who may be, 132;

duties of, 132–133;

no right to exact instruments in writing from wards, 133;

must render an account, 134.

H.

Handwriting, comparison of, when necessary, 69.

Heirs of attorney, entitled to his fees, 51;

shall not contest wills of ancestors, 65;

collateral, how inherit, 121;

where they have different parents, 141;

one may act for all in suit, 335.

Heresies, renunciation of, 364.

Heretics, eradication of errors of, 362.

Highways, obstruction of, 293;

space preserved along, 293.

Hogs, when pastured, 298;

fed on acorns under contract, 299;

when wandering in woodland, 300.

Homicide, where committed ignorantly, 218;

where committed on a third party, 219;

where happens in sport, 220;

while inflicting punishment, 221;

by a slave, 221;

by a master, 222;

who may accuse of, 226;

of those related by blood, 229.

Horse, where loosed and injured, 284;

where mane or tail cut off, 285.

House, a, cannot be entered in absence of master, 267.

Husband, adulteress given up to, 114;

ownership of property accumulated by, with wife, 126.

I.

Incest, what constitutes, 106;

with mother and sister-in-law, 111;

with concubine, 114.

Informers, how may accuse, 233;

penalty for false accusation, 234;

guilty knowledge of, 234;

compensation of, 235.

Inheritance, equal rights of brothers and sisters in, 121;

of intestate, 121;

of children not of same parents, 122;

of grandparents, 122;

of husband and wife, 123;

from clerks and monks, 123.

Interest, what may be legally asked, 175.

Intestate, where parents die, 129.

J.

Jailer, corruption of, 251;

compensation of, 251.

Jews, extirpation of errors of, 366;

shall not celebrate Passover, 367;

shall not contract marriage, 367;

shall not practise circumcision, 367;

shall not distinguish food, 367;

shall not torture a Christian, 368;

penalties for offences of, 369;

memorial of, 375;

perfidy of, 377;

shall not avoid baptism, 385;

shall not keep the Sabbath, 386;

confession of, 395;

oath of, 397;

shall not oppress Christians, 401;

assemblies of, shall visit bishop, 404;

penalties for not enforcing laws against, 406;

must have copy of this book, 408.

Journey, when an innocent party is compelled to make a, 42.

Judges, shall have civil and criminal jurisdiction, 24;

penalty for refusing to hear a litigant, 27;

time they shall hold court, 28;

penalty for unjust decision, 28;

where needless costs are imposed, 29;

what they should be familiar with, 29;

where integrity is suspected, 30;

how judgment should be rendered by, 31;

emoluments of, 32;

all invested with judicial authority shall bear title, 33;

must give reason for decision if required, 35;

punishment of, when guilty of misconduct, 36;

improper conduct of, how punished, 214;

must display moderation, 359.

Justifiable homicide, when robber killed, 270.

K.

Kidnapping, of slaves, 247;

of children, 248;

of freeborn persons, 249.

King, his business first considered in the courts, 13;

how documents in name of, should be drawn up, 14;

can only dispose of his private property, 16;

should practise mercy, 201.

L.

Land, division of, between Goths and Romans, 337.

Landlord, dispute with, concerning lease, 339.

Landmarks, how preserved, 348;

penalty for destruction of, 348.

Law, what it is, 5;

its action, 5;

why made, 6;

when amended, at what time in force, 11;

all persons subject to, 12;

no one can allege ignorance of, 13;

penalty for criticizing, 16;

of foreign nations forbidden, 20.

Lawmaker, his method, 1;

duties, 2–3–4.

Leases, lands held under, must be restored, 338;

where a greater area of land cultivated than granted under, 338.

Lèse majesté, 19.

Lex Talionis, its provisions, 215.

Limitation, Statute of, 91–344;

claim for property cannot be asserted after fifty years, 343;

fugitive slave free after fifty years, 343;

suit cannot be brought after thirty years, 343;

runs in all cases except where slaves of the Crown are concerned, 344;

does not run while party is absent, 346.

Litigant, may be chosen to act for others, 39;

must declare for whom he acts, 48.

M.

Marriage, must be accompanied by a dowry, 75;

father has right to dispose of children in, and mother, if he is dead, 81;

when unlawful, 83;

penalty for, 83;

with holy virgins or widows, incestuous, 107.

Master, where one marries a slave to a freewoman, 86;

may claim property of slave who is sold, 165;

responsible for illegal acts, 264.

Mayhem, what constitutes, penalty for, 225.

Merchant, foreign, where a, sells stolen property, 357;

shall be judged by his own magistrates, 357;

where a, carries away a hired person, 358;

where a, takes away a slave for trade, 358.

Mills and ponds, damage to, 296.

Minors, at what age can testify, 62;

cannot make contracts, 66;

definition of, 131;

suit against, 131.

Money, stolen from the king, 241.

Mother, entitled to share estate with children, 125.

Murder, of freeman, 222.

N.

Nuptial contract, cannot be rescinded when a gift is made, 77.

O.

Officer, where corrupted, permits soldiers to depart, 320;

where an, deserts, 321;

where an, returns home, 322;

where an, receives a bribe, 323.

Officials must not subject persons to unnecessary expense, 360.

Oppression in litigation, by parties in power, 52.

Orchards, enclosure of, 278.

Ordeal of hot water, how applied, 37.

Ox, where used without consent of owner, 287.

P.

Pardon, persons who have received, exempt from punishment, 18.

Parents, where rescue daughter from ravisher, 89;

where consent to rape, 90;

how inherit from children, 128;

what property, may bestow upon children at marriage, 140;

cannot sell or give away children, 163;

right to dispose of property where no children, 130.

Parricides, punishment of, 228;

distribution of property of, 228.

Parties, where they cause unnecessary delay, 33;

both may be compelled to be present in court, 41.

Partition, when made, remains in force forever, 334;

if made between brothers, may be revoked, 334;

wishes of majority rule in, 334;

among relatives of slaves, 340.

Patrons, gifts of, 158;

property acquired through, 158.

Perjury, effects of, 58;

penalty for, 58–59–60;

crime of and penalty, 230.

Personal property must all be classed under one title, 341.

Physician, cannot bleed a woman except her relatives are present, 353;

shall not visit prisoners, 354;

where treats disease under contracts, 354;

compensation from student due to, 355;

cannot be imprisoned without a hearing, 355.

Pledges, when stolen, 177;

given as security for debt, 177;

where not restored, 178.

Poison, penalty for administering, 204.

Princes, cannot conduct their own cases in court, 47.

Property, illegally taken for a debt, 43;

of persons convicted of incest, 109;

given to husband or wife by king, 152;

given to wife in addition to dowry, 153;

given verbally, or in writing, 154;

cannot be seized, except under legal process, 266;

which may not be alienated, 167;

where transferred while in litigation, 169;

loaned and destroyed by fire, 172;

where lost at sea, 173;

entrusted to a slave, 174;

reparation for, when injured or destroyed, 243.

Q.

Question, how may be inflicted, 194.

R.

Rape, 91;

of a freewoman, 88;

where brothers consent to, 90;

of betrothed woman, 90;

must be prosecuted within thirty years, 91;

by a slave, 92.

Ravisher, where killed, not criminal homicide, 91.

Relatives, cannot testify against a stranger, 62.

Rent, where tenant does not pay, 341.

Rescue of criminals, 244;

of cattle seized in crops, 280.

Retaliation, law of, 211;

amount due in lieu thereof, 212–213.

River, right to enclose, where bank cultivated, 295.

Robbers, where concealed by freeman or slaves, 316.

Robbery, accessories before the fact, 267;

committed while on an expedition, 267.

Royal order, penalty for contempt of, 36.

S.

Sale, void if made under compulsion, 160;

where price not paid after earnest money given, 160;

where part of price paid, 161.

Sanctuary, where a homicide takes, 227;

one claiming, cannot be rescued by force, 331;

may be killed if resists with arms, 331.

Scandal, public, what course to be pursued in, 324.

Seduction, penalty for, 93.

Self defence, where assault committed, 215.

Sentence of court must be public, 252.

Shipwreck, property rescued from, 243.

Slave, not worthy of credit, 61;

when allowed to testify, 61;

when given in marriage to another, 85;

may be tortured to reveal adultery, 98;

may not be liberated to conceal adultery, 98;

of Church, if emancipated cannot marry a freeborn person, 150;

penalty for, 151;

free after thirty years, 347;

sales by, void, 164;

where accuses former master of crime, 165;

may not be redeemed with his own property, 166;

where transferred for crime, 167;

where captured and sold by an enemy, 169;

how liberated, 181;

where has several masters, consent of all must be had, 182;

how may be returned to slavery, 183;

liberation of royal, 188;

if a criminal, may be demanded, 193;

where a, insults a freeborn person, 216.

Sodomy, penalty for, 111.

Soil, fruits of, what may be demanded, 175.

Solidus, no one may refuse to accept a, of legal weight, 262.

Soothsayers, penalty for consulting, 203.

Stolen property, when bought ignorantly, 240;

knowingly, 241;

he in possession of, must name thief, 269.

Strays, when found, must be taken up and appraised, 281;

where leave before driven out, 282;

if mutilated, penalty for, 282;

notice must be given, how, 301;

care of, 301;

must not be sheared or branded, 301.

Streams, right to enclose, 295.

Subornation of perjury, penalty for, 62.

Summons, penalty for refusal to obey, 25;

time within which must be obeyed, 26.

Sunday, no litigation lawful on, 21.

T.

Tenant, must pay rent for land sublet, 339.

Testator, cannot dispose of same property in two different ways, 72.

Testimony, must be furnished by both parties, 41.

Theft, when committed by a slave, 238;

by a freeman and slave, 239;

by a master with his slave, 239;

of mill machinery, 242.

Thief, how punished, 242;

where killed, not homicide, 243;

where killed at night, 243;

heirs of, 244;

when to be brought before the judge, 245.

Tombs, penalty for injury of, 356.

Tonsure, punishment of those who illegally assume, 108.

Torture, shall not be inflicted upon persons of noble birth, 49;

for what, and how inflicted, 194;

penalty for, if accused innocent, 194;

how slaves tortured, 196.

Traps for wild beasts, neighbors must be informed of, 292.

Traveler, where deprived of liberty, penalty for, 214.

Treason, penalty for, 17.

Trees, compensation for cutting down, 274;

where injury results from cutting, 275.

Trespass, vi et armis, penalty for, 264.

Trespasser, where one falls into a trap set for wild animals, 292.

V.

Vendor, if not of good character, must give security, 160.

Vineyards, where injured, penalty for, 276;

where planted on land of co-heirs, 336;

on land where no title, 336.

W.

Wards, when of legal age, 134.

Water, theft of, 296.

Widows, guilty of fraud, 109.

Wife, no right to earnings of slave under husband, 126.

Wills, how drawn up and executed, 67;

must be published within six months, 68;

how proved when made on a journey, 68;

must be published in the presence of a priest or a witness, 69;

how genuineness established, 71;

invalid if executed under duress, 72;

who are entitled to custody of, 176;

alteration of, 256;

forging of, 256;

nuncupative, 67;

holographic, 70.

Witchcraft, how punished, 204;

where employed against property, 205.

Witness, who may not be, 54;

must be sworn, 54;

where contradicted by documentary evidence, 54;

impeachment of, 59;

must sign or seal will, 67;

penalty for neglect, 68;

cannot testify to what is not in a will, 72.

Women, may conduct their own cases in court, 50;

cannot appoint an attorney, 50;

advanced in years cannot marry young men, 77–78;

where they marry slaves, 83–84–85;

must not marry within year of husband’s death, 83;

where, marry again in absence of husband, 86;

of bad character, 102;

entitled to share of entire estate, 123.

The End.