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THE LAW OF THE WESTGOTHS.
81
fine of one örtug for each wheel. Drives a second time, pay a fine of three
sixteenörtugs, because then it is called manuretrack.
5.
A man takes away another man’s fence, pay a fine of three sixteenörtugs.
A man takes away another man’s timber, cut in the forest or elsewhere, pay
three sixteenörtugs, if he fails to prove his right.
1. He who moves his fence from a field before it is harvested, reimburse
for all the injury, which is done thereby and beyond that three sixteenörtugs
to him alone, who suffers the loss, not to the king and not to all men.
2. A man tears down another man’s fence, a freeholder suffers loss
thereby, he who broke down, pay eight örtugs, or he who owns, if he does not find
him, who tore.
3. Cattle jump into a field over a fence, that is whole, he who owns the
cattle put up as much as he wishes, and swear then with a oneoath, if less
damage is done than a fieldload. Claims the other one, that the damage is
greater than one fieldload, then pay back one fieldload and not more, even if
the damage is greater.
6.
A man takes away taken-up-cattle from a man or a woman, pay three
sixteenörtugs, or defend himself with twelfthoath. Taken-up-cattle one shall
drive away from a man and not take.
1. A man finds another man’s cattle on his field, announce it as other
theft. - The one, who owns the animal, acknowledges it to be his, redeem it as
other taken-up-cattle.
2. A man tethers his horse on another man’s field or meadow, pay a fine
of three sixteenörtugs, or defend himself with twelfthoath.
3. A man keeps his cattle in another man’s private inclosure, with dog
and with herdsman — three or more than three 2) — then he shall defend him"
self with twelfthoath. Then, if he fails, pay a fine of three sixteenörtugs.
4. A man ties his animal during daytime and it gets loose, a block or a
fetter is on it, goes it into someone’s field and is taken up, then redeem it by
his oneoath.
2) The words ’III ællær III flere’ are not found in Noreen’s edition, but are
given by Schlyter as well as Vendell with the note, that it perhaps is a
marginal remark.
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