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.

TITLE V. CONCERNING THE PASTURAGE OF HOGS, AND CONCERNING STRAYS.

I.Where Hogs are Pastured on Acorns, Either without Authority, or under Contract.
II.Where Hogs are Fed on Acorns on Land Belonging to Several Persons.
III.Where Hogs Turned on Land to be Fed on Acorns, under Contract, are Taken away by Stealth, Before the Tenth Part of Said Hogs are Delivered.
IV.Where Hogs are Found Wandering in Woodland.
V.Where a Drove of Animals, of any Kind, Enter upon the Pasture-land of Another Person.
VI.Public Notice shall be given of Strays by him who Finds them.
VII.Whoever Finds any Strays shall take Proper Care of the Same.
VIII.No Stray Animal shall be Either Sheared, Branded or Appropriated by Anyone.

I. Where Hogs are Pastured on Acorns, Either without Authority, or under Contract.

Whoever finds any hogs in his woodland, at the time acorns are ripe, must take something by way of pledge from the swineherd; and give notice to the master, or parents of the owner, that should they so desire, he will permit said hogs to run in his woodland, until the customary time to pay one tenth of said hogs, as compensation, has elapsed; and when said tenth has been delivered, he shall restore the pledge which he took from the swineherd. If, however, the owner should be unwilling to allow said hogs to run in his woodland, and he should find them there a second time, he shall have a right to kill one of them as a protection to his property, even when they are but few in number. Where there are many of said hogs, he shall have the right to kill two of them, and he shall incur no liability for said act; and if he should find said hogs there for the third time, he must notify the owner thereof, that he can still leave his hogs upon his premises, if he will agree to give the tenth of said hogs by way of compensation, according to custom. If, however, the owner of the hogs should be unwilling to make such a contract, and the owner of the woodland should find them upon his premises for the third time, as aforesaid, he shall be entitled to retain one tenth of their entire number. If anyone, under such a contract, should leave his hogs in the woodland of another, and said hogs should feed until winter upon the lands of a third party, he who entered into the contract shall nevertheless be required to surrender his tenth of the same. If, after winter has set in, he who brought the hogs to the woodland, should be unwilling to keep them there, he shall be compelled to give to the owner of the woodland one twentieth of the number according to custom.

II. Where Hogs are Fed on Acorns on Land Belonging to Several Persons.

Where a dispute arises between persons holding oak forests in common, for the reason that one has more hogs there than the other, he who has the smaller number shall have a right to have the land so divided that each one may keep his hogs upon his own portion, in such a way that an equal number may be placed upon the same sized tract of land; and, afterwards, the tenths due for pasture shall be set apart in the same proportion as the divisions of the land.

ANCIENT LAW.