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THE LAW OF THE WEBTGOTHS.
83
1. For unforseen dangers, from cause beyond man’s control, one shall not
answer. These are such causes: Lightning, fire, robbery, bear, poison, and
plague, l)
7.
A man finds a swarm of bees on another man’s meadow, agree they, then
he owns one half, who owns the land. Is there a dispute, then has that one
right to prove, who owns the land. Swear with twelfthoath and two men’s
testimony, that "this swarm which thou claimest, I noticed sooner than thou,
therefore I own and thou not."
1. He owns hare, who catches, he owns fox who starts, he owns wolf,
who kills, he owns bear, who slays, he owns elk, who fells, he owns otter, who
out of river takes him.
2. He finds a swarm of bees, who has lawful ownership in the forest, have
the whole swarm. An oaktree must not be cut down without the permission
of the neighbors.
3. A man finds falcons in his forest, or on the common, binds bands about
their feet, no one may take them away without becoming liable to a fine of
three sixteenörtugs.
8.
A man takes the bark off an acorn bearing oaktree in another’s forest, that
is a case of six ore, if he can not defend himself by oath. A man takes the bark
off from three or more than three, that is a case of three sixteenörtugs. Takes
he the bark off from young trees enough for a load of wood, that is a case of
six ore. Does he take the bark off from enough for three loads or more than
three, pay a fine of three sixteenörtugs. Says he nay thereto, then shall a
seventh-night-thing be set for him. Defend himself with twelve men.
9.
A man sets fire to another man’s hay out on the meadow, that is trespass,
complaint shall be made against him at a seventh-night-thing. Then he shall
defend himself with a twelfthoath and two men’s testimony, that "I did not
put fire to thy hay, and I am not guilty of that, for which thou bringest
complaint against me."
1. It is the same way with reference to all similar cases, if someone puts
fire to a mill, or fishingdam, brushfence, bridge, or timber, cut in the forest.
1) Stingær ok starvi, are said by Schlyter to be names of dangerous
internal ailments, and they are translated by J. S. Carlson as above: Gift och pest,
or poison and plague.
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