If anyone should accuse another of theft, before a judge, and should
afterwards be guilty of contempt of court, by accepting anything from
the thief by way of compensation, without the judge’s knowledge, he
shall be compelled to pay five _solidi_ to the judge, on account
of his insolence. Where a slave, without the knowledge of his master,
is guilty of this offence, he shall receive a hundred lashes, and his
master shall incur no liability whatever, on account of his act. But if
he should do this with the consent of his master, the latter shall be
compelled to pay the sum hereinbefore mentioned.
=ANCIENT LAW.=
=II. The Governor of the City shall Aid the Judge in the Arrest of
Persons Accused of Crime.=
Whenever a Goth, or anyone else, is accused of crime, the judge must
use every effort to arrest him. If, however, the judge himself is not
sufficiently powerful to apprehend and imprison him, he may apply to
the governor of the city for assistance, to effect what his authority
of itself is not sufficient to accomplish. The aforesaid governor must
immediately employ all his power to that end, in order that a person
guilty of crime may not defy the law.
=ANCIENT LAW.=
=III. Where a Person Breaks out of Prison, or Influences the Jailer for
that Purpose.=
If anyone should break out of prison, or should use undue influence
upon the turnkey, or upon the jailer himself, or upon any keeper who
has charge of prisoners, by means of which any prisoner should be
unlawfully released, without the order of the judge; he shall suffer
the same punishment which the escaped or liberated prisoner himself
would have suffered.
=ANCIENT LAW.=
=IV. Concerning the Compensation which may be Received from those in
Custody.=
Where a judge has charge of persons who have been arrested, or where
officers have arrested them, or have received them for safe keeping;
none of them shall be entitled to exact anything from said prisoners,
on account of their keeping, or of their discharge, in case such
prisoners should prove to be innocent. But where they are proved to
be guilty, said officers shall not be forbidden to demand from each
prisoner, one _tremisa_. If the party arrested should be released,
upon giving the pecuniary compensation required by law, the judge
himself shall pay over said sum to those who are entitled to the same,
except the tenth part of it, which he himself shall have a right to
retain for his trouble. If anyone should accept a larger amount than we
have stated, he must restore it, twofold, to him from whom he exacted
it.
=ANCIENT LAW.=
=V. Where a Judge who is Lenient to Offenders against the Law, Releases
a Criminal.=
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