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
{17} The form of statement is rather confusing, but the process is
fairly clear. The burden of proof lies on the man in whose possession
the stolen article is found, and he must clear himself by producing the
man from whom he got it. This shifts the responsibility to the latter,
who in turn must produce the man from whom he obtained it, and so on
back until the person is reached who obtained the article illegally, and
so is not likely to obey the summons to appear in court. Then the last
man in the chain before the thief proves his innocence of bad faith by
showing that he bought the article publicly and so obtained it in good
faith, and that he had served notice on the delinquent in the present
process. Inasmuch as legal sales were held publicly before witnesses, it
is fairly certain in this way that the guilt will be located. The man in
whose possession it was found then restores the article to its owner,
and receives back the price he paid for it from the man from whom he got
it; and this repayment is repeated in each case until the thief is
reached; the man who dealt with him has a legal action for recovery of
the price against the thief, while the owner has also an action for the
recovery of damages.
L. _The Given Pledge._
1. If a free man or a letus{18} has given pledge [that is, made a
solemn promise at the court] to another, then he to whom the pledge was
given shall go to the house of the other within forty nights,{19} or
whatever period was set, with witnesses or with such as can estimate the
price.{20} And if the delinquent will not redeem the pledge given, he
shall be held liable for 15 solidi above the amount for which he had
given pledge.
2. If still he will not pay, the complainant shall summon him to the
_mallus_, and thus he shall proceed to have him constrained by law: "I
ask thee, _thunginus_, to constrain by law this my debtor who has given
me a pledge and is in my debt." And he shall state how much the debt is.
Then the _thunginus_ shall say: "I constrain this man by law, in
accordance with the Salic law." Then he to whom the pledge was given
shall give notice that the delinquent can neither pay nor give pledge of
payment to any other until he has fulfilled what he promised him [the
creditor]. And straightway on that day before the sun sets he shall go
with witnesses to the house of the debtor and ask him to pay the debt.
If he will not, let the sun set upon him.{21} Then when the sun has set,
120 denarii, which make 3 solidi, are added to the amount owed. And this
thing is to be done three times in three weeks, and if on the third
summons he will not pay all this, then 360 denarii, which make 9 solidi,
are to be added to the debt, that is, 3 solidi for every summons and
setting of the sun.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account