The Visigothic code

by Unknown

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.