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.