TITLE I. CONCERNING INFORMERS OF THEFT.

I.Concerning Informers and Persons who give Information of Theft.
II.A Slave, Acting as Informer, must not be Believed, unless the Testimony of his Master is also Given.
III.Where the Informer Knew of the Commission of the Theft.
IV.Concerning the Compensation of an Informer.
V.Where an Innocent Person is Accused of Crime by an Informer.

I. Concerning Informers and Persons who give Information of Theft.

A judge shall not inflict torture upon any person accused of crime, before he who brings the accusation (if he is unwilling to produce the informer in court), enters into an obligation in writing, confirmed by the signatures of three witnesses, that if the accused is proved to be innocent by competent evidence, he himself will suffer the penalty which he attempted to inflict upon another. After the innocence of the accused has been established, the accuser shall be placed in custody by the judge, until he brings the informer into court, that the truth may be ascertained; and, should he not produce said informer, he shall, without delay, give his name, so that, when brought before the judge, he may prove what he has alleged. If, however, the judge is unable to elicit the truth, on account of the intervention of some powerful person, or the patronage of a noble, or through fear of the royal power, he must attempt to bring the matter to the attention of the king, if he be near at hand; but, if he is at a distance, he must lay his information before the bishop, or the governor of the province; in order that the superior authority of these officials may cause the matter to be properly investigated. Where the judge neglects to give such notice, the complainant shall be indemnified, at the expense of the said judge, for the entire property lost or stolen, by order of the king or of the bishop. If the informer cannot prove what he alleged, he alone shall be liable to make amends for the consequences of his act. If the property stolen is of great value, and a freeborn person is implicated, he shall return ninefold the value of the property, by way of reparation, and shall be rendered infamous; and, if the culprit is a slave, he shall pay sixfold the value of the property, and shall receive in addition, a hundred lashes. Where said freeman has not sufficient property to render satisfaction as aforesaid, he shall be surrendered as a slave to him whom he attempted to render infamous by a false accusation, and to him whom he attempted to deceive. If a slave should not have the property wherewith to render satisfaction, as aforesaid, or, if his master should be unwilling to pay the sum required in his behalf, he shall at once surrender the slave in satisfaction of his crime.

II. A Slave, Acting as Informer, must not be Believed, unless the Testimony of his Master is also Given.

If a slave, without the knowledge of his master, should give information of a theft, his statement shall not be believed, unless his master should testify that he was trustworthy, and should thereby establish his honor and credibility.

ANCIENT LAW.

III. Where the Informer Knew of the Commission of the Theft.

If the informer should be proved to have had knowledge of the theft, he shall incur no penalty, and shall not be subject to payment of damages; but he cannot demand any reward for the information he furnishes, because it is sufficient compensation for him to be permitted to depart in safety. Where the property stolen was divided between him and the thief, he shall only be required to restore to the owner what he received and kept for himself.

ANCIENT LAW.

IV. Concerning the Compensation of an Informer.

Where anyone gives information concerning a thief, even if he should not personally have been aware that the theft was committed, he shall not receive any more for the information he furnishes than the stolen property was worth; and then only after full satisfaction has been made to the owner. If the circumstances should be such, that the execution of the thief was necessary, and no property belonging to him could be found; or if he was a slave, and his master claimed his property as his own, and therefore no compensation was available for him who was robbed; in such cases the third part of the property recovered shall be set aside as a reward for the information, and the informer shall not be permitted to demand more than that amount.

ANCIENT LAW.

V. Where an Innocent Person is Accused of Crime by an Informer.

When anyone is accused of crime, that is to say, of poisoning, witchcraft, theft, or any other unlawful act, his accuser must go before the governor of the city, or the judge who has jurisdiction in the district, in order that the case may be investigated according to law; and as soon as the commission of the crime has been established, the governor or the judge shall cause the culprit to be arrested; and if he should not be convicted of a capital offence, the accuser shall be compelled to give him pecuniary satisfaction; and where the latter has not the means to do so, he shall be delivered up to him as a slave. Where the accused person is proved to be innocent, he shall be discharged; and the accuser shall pay both the penalty and the damages for which the accused would have been liable, had he been convicted. Neither the governor nor the judge shall presume to apply torture, unless in public; lest there may be some collusion, so that an innocent man may suffer unjustly. But he shall not undergo the penalty for the crime until its commission has been proved in court by competent testimony; or, as has been provided for by other laws, before the accuser has bound himself to substantiate the charge; and then, and then only, torture may be applied in the presence of the judges.