A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle Age — John Shaqi
A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle AgeThatcher, Oliver J. (Oliver Joseph)
History
A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle Age
Thatcher, Oliver J. (Oliver Joseph)
Europe -- History -- 476-1492 -- Sources; Middle Ages -- Sources
{14} This title throws some light on the original character of the
village community. The village was in origin probably a group of
kindred, and new-comers were admitted only by the consent of all the
householders. Moreover, as much of the land was still held in common by
the village--the wood, pasture, and meadow--the admission of a new
member concerned all the householders.
XLVII. _The Tracing of Stolen Goods._
If one has recognized a slave, or a horse, or an ox, or anything of his
own in the possession of another, he is to "send him to the third
hand."{15} And he in whose hands the thing was recognized is to swear
[to his own innocence]; and if both parties [_i.e._, the rightful owner
and the man in whose possession it was found] dwell on this side of the
Loire and the Carbonaria,{16} a term of forty days shall be set within
which all are to be summoned who have had any part in the affair, who
have sold or exchanged or perhaps given in payment the article. That is,
each one is to summon the man from whom he got it. And if anyone of
these has been summoned and legal hindrance has not kept him away, and
he does not come within the appointed term, then the one who had
dealings with this delinquent is to bring three witnesses to the fact
that he had summoned him and three more to the fact that he had obtained
the property from him legally and in good faith; if he does this he is
clear of suspicion of theft. But he who would not come and against whom
the witnesses have borne testimony, shall be held to be the thief of the
man who recognized his own, and he [the thief] shall return the price to
the man who dealt with him and shall pay the lawful compensation to the
man who recognized his own.{17} All these things are to be done in that
court to which he is answerable in whose hands the stolen thing was
first recognized and with whom the process started. But if he in whose
hands it was recognized dwells beyond the Loire or the Carbonaria the
time allowed shall be eighty days.
{15} The expression _mittat eum in tertia manu_ has been interpreted in
various ways; it means apparently either that the possessor is to place
the article in question in the hands of a third disinterested party who
is to hold it until the case has been tried, or that he is to refer the
claimant to the "third party"; that is, the man from whom he obtained
it.
{16} A much-discussed phrase, which has been used to show that the
Salic law belongs to a period after the Frankish control had extended
beyond the Loire. The word in the text (_ligere_) has also been taken to
mean the river Leye, but this is not generally accepted. The Carbonaria
(German, _Kohlenwald_) was a large forest in what is now Belgium.
Public-domain text, read in full here on John Shaqi.
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