skilful in (estimating the value of) all kinds of merchandise, may fix as the value for each saleable commodity. 399. Let the king confiscate the whole property of (a trader) who out of greed exports goods of which the king has a monopoly or (the export of which is) forbidden. 400. He who avoids a custom-house (or a toll), he who buys or sells at an improper time, or he who makes a false statement in enumerating (his goods), shall be fined eight times (the amount of duty) which he tried to evade. 401. Let (the king) fix (the rates for) the purchase and sale of all marketable goods, having (duly) considered whence they come, whither they go, how long they have been kept, the (probable) profit and the (probable) outlay. 402. Once in five nights, or at the close of each fortnight, let the king publicly settle the prices for the (merchants). 403. All weights and measures must be duly marked, and once in six months let him re-examine them. 404. At a ferry an (empty) cart shall be made to pay one pana, a man's (load) half a pana, an animal and a woman one quarter of a (pana), an unloaded man one-half of a quarter. 405. Carts (laden) with vessels full (of merchandise) shall be made to pay toll at a ferry according to the value (of the goods), empty vessels and men without luggage some trifle. 406. For a long passage the boat-hire must be proportioned to the places and times; know that this (rule refers) to (passages along) the banks of rivers; at sea there is no settled (freight). 407. But a woman who has been pregnant two months or more, an ascetic, a hermit in the forest, and Brahmanas who are students of the Veda, shall not be made to pay toll at a ferry. 408. Whatever may be damaged in a boat by the fault of the boatmen, that shall be made good by the boatmen collectively, (each paying) his share. 409. This decision in suits (brought) by passengers (holds good only) in case the boatmen are culpably negligent on the water; in the case of (an accident) caused by (the will of) the gods, no fine can be (inflicted on them.) 410. (The king) should order a Vaisya to trade, to lend money, to cultivate the land, or to tend cattle, and a Sûdra to serve the twice-born castes. 411. (Some wealthy) Brahmana shall compassionately support both a Kshatriya and a Vaisya, if they are distressed for a livelihood, employing them on work (which is suitable for) their (castes). 412. But a Brahmana who, because he is powerful, out of greed makes initiated (men of the) twice-born (castes) against their will do the work of slaves, shall be fined by the king six hundred (panas). 413. But a Sûdra, whether bought or unbought, he may compel to do servile work; for he was created by the Self-existent (Svayambhû) to be the slave of a Brahmana. 414. A Sûdra, though emancipated by his master, is not released from servitude; since that is innate in him, who can set him free from it? 415. There are slaves of seven kinds, (viz.) he who is made a captive under a standard, he who serves for his daily food, he who is born in the house, he who is bought and he who is given, he who is inherited from ancestors, and he who is enslaved by way of punishment. 416. A wife, a son, and a slave, these three are declared to have no property; the wealth which they earn is (acquired) for him to whom they belong. 417. A Brahmana may confidently seize the goods of (his) Sûdra (slave); for, as that (slave) can have no property, his master may take possession. 418. (The king) should carefully compel Vaisyas and Sûdras to perform the work (prescribed) for them; for if these two (castes) swerved from their duties, they would throw this (whole) world into confusion. 419. Let him daily look after the completion of his undertakings, his beasts of burden, and carriages, (the collection of) his revenues and the disbursements, his mines and his treasury. 420. A king who thus brings to a conclusion all the legal business enumerated above, and removes all sin, reaches the highest state (of bliss). CHAPTER XX THE LEX SALICA1 TITLE I. CONCERNING SUMMONSES 1. If any one be summoned before the "Thing" by the king's law, and do not come, he shall be sentenced to 600 denars, which make 15 shillings (solidi). 2. But he who summons another, and does not come himself, shall, if a lawful impediment have not delayed him, be sentenced to 15 shillings, to be paid to him whom he summoned. 3. And he who summons another shall walk with witnesses to the home of that man, and, if he be not at home, shall bid the wife or any one of the family to make known to him that he has been summoned to court. 4. But if he be occupied in the king's service he can not summon him. 5. But if he shall be inside the hundred seeing about his own affairs, he can summon him in the manner explained above. TITLE II. CONCERNING THEFTS OF PIGS, ETC. 1. If any one steal a sucking pig, and it be proved against him, he shall be sentenced to 120 denars, which make three shillings. 2. If any one steal a pig that can live without its mother, and it be proved on him, he shall be sentenced to 40 denars - that is, 1 shilling. 14. If any one steal 25 sheep where there were no more in that flock, and it be proved on him, he shall be sentenced to 2500 dethat is, 62 shillings. nars 1 [Reprinted from ERNEST F. HENDERSON'S "Select Historical Documents of the Middle Ages," London, G. Bell & Sons, Ltd., 1912, with the consent of the publishers and The Macmillan Company. Translated from Gengler, "Germanische Rechtsdenkmäler," p. 267. The date of these laws has not been definitely ascertained. Their first reduction to writing probably may be placed in the second half of the 400s. This code also has a special interest for us as one of the fountains of English law. It is the oldest written Germanic code which survives, with the possible exception of the fragments of the Visigothic code attributed to Euric.] TITLE III. CONCERNING THEFTS OF CATTLE 4. If any one steal that bull which rules the herd and never has been yoked, he shall be sentenced to 1800 denars, which make 45 shillings. 5. But if that bull is used for the cows of three villages in common, he who stole him shall be sentenced to three times 45 shillings. 6. If any one steal a bull belonging to the king he shall be sentenced to 3600 denars, which make 90 shillings. TITLE IV. CONCERNING DAMAGE DONE AMONG CROPS OR IN ANY ENCLOSURE 1. If any one finds cattle, or a horse, or flocks of any kind in his crops, he shall not at all mutilate them. 2. If he do this and confess it, he shall restore the worth of the animal in place of it, and shall himself keep the mutilated one. 3. But if he have not confessed it, and it have been proved on him, he shall be sentenced, besides the value of the animal and the fines for delay, to 600 denars, which make 15 shillings. TITLE XI. CONCERNING THEFTS OR HOUSEBREAKING OF FREEMEN 1. If any freeman steal, outside of the house, something worth 2 denars, he shall be sentenced to 600 denars, which make 15 shillings. 2. But if he steal, outside of the house, something worth 40 denars, and it be proved on him, he shall be sentenced, besides the amount and the fines for delay, to 1400 denars, which make 35 shillings. 3. If a freeman break into a house and steal something worth 2 denars, and it be proved on him, he shall be sentenced to 15 shillings. 4. But if he shall have stolen something worth more than 5 denars, and it have been proved on him, he shall be sentenced, besides the worth of the object and the fines for delay, to 1400 denars, which make 35 shillings. 5. But if he have broken, or tampered with, the lock, and thus have entered the house and stolen anything from it, he shall be sentenced, besides the worth of the object and the fines for delay, to 1800 denars, which make 45 shillings. 6. And if he have taken nothing, or have escaped by flight, he shall, for the housebreaking alone, be sentenced to 1200 denars, which make 30 shillings. TITLE XII. CONCERNING THEFTS OR HOUSEBREAKING ON THE PART OF SLAVES 1. If a slave steal, outside of the house, something worth two denars, he shall, besides paying the worth of the object and the fines for delay, be stretched out and receive 120 blows. 2. But if he steal something worth 40 denars, he shall either be castrated or pay 6 shillings. But the lord of the slave who committed the theft shall restore to the plaintiff the worth of the object and the fines for delay. TITLE XIII. CONCERNING RAPE COMMITTED BY FREEMEN 1. If three men carry off a freeborn girl, they shall be compelled to pay 30 shillings. 2. If there are more than three, each one shall pay 5 shillings. 3. Those who shall have been present with boats shall be sentenced to three shillings. 4. But those who commit rape shall be compelled to pay 2500 denars, which make 63 shillings. 5. But if they have carried off that girl from behind lock and key, or from the spinning room, they shall be sentenced to the above price and penalty. 6. But if the girl who is carried off be under the king's protection, then the "frith" (peace-money) shall be 2500 denars, which make 63 shillings. 7. But if a bondsman of the king, or a leet, should carry off a free woman, he shall be sentenced to death. 8. But if a free woman have followed a slave of her own will, she shall lose her freedom. 9. If a freeborn man shall have taken an alien bondswoman, he shall suffer similarly. 10. If any body take an alien spouse and join her to himself in matrimony, he shall be sentenced to 2500 denars, which make 63 shillings. |