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.