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THE LAW OF" THE WE8TGOTH8.
65
1. Horse or cattle is killed on the common of another village, is it not
known who killed, then he (the owner) shall announce a seventh-night-thing
for one of them, and hold it for all, and bring forth testimony on the
seventh-night-thing, that its life was destroyed by the hands of man, and because of
this, they shall pay for it according to law.
9.
Cattle kill cattle, and the herdsman bears witness, pay in full for it with
sworn oath, and take he the carcass, or enjoy the meat and hide and take half
a pay, he who owned from him who killed. In this case the herdsman is full
witness, whether free or slave. If pay is refused him, then shall a
seventh-night-thing be set, and eyewitness’ testimony be brought forth. Then he shall
prepare testimony and demand fines. If his legal rights are refused him, then
he shall refer his case to witnesses. Ask the gods so to help him, that "thine
animal killed mine in the presence of eyewitnesses, and I made complaint
against thee accordingly". Is he not able to carry through his trial with legal
testimony, then shall the defendant defend himself with twelve men. Ask the
gods so to help him, that "my animal did not kill thine, and therefore I am
not guilty of that, of which thou accusest me".
1. An animal falls into the handiwork of man, into a well or a ditch or
other such works, and is killed thereby, then one shall pay six ore for a horse,
half a mark for an ox, and likewise for cow and mare. In these cases
complaint and defence shall be made in the same manner as in cases, when animal
has killed animal.
2. Jumps an animal a fence into a fenced-in field or meadow, when no
one chases it, is killed thereby, lie there without cause of action at law. If it
jumps out of a fenced-in pasture, pay for it he, who owns the fence. Chases
someone animals out of a fenced-in pasture, are they killed thereby, are there
eyewitnesses, pay fine he, who chased, as is eaid concerning that which may
lie dead in the ditch. Cömplain and defend in the same manner.
3. If someone maims a horse, or cuts off the hair from its tail, and stings
out an eye, pay as fine one ore or defend himself with twelfth oath.
10.
All things borrowed shall be returned complete to him who lent, without
all controversy.
11.
A slave or slavewoman runs away from his master, and commits any
injury, kills or steals or robs, the owner shall not pay for the injury unless he
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