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74
THE LAW OF THE WE8TGOTH8.
1. There are three conditions nnder which a thief may not defend himself
by oath:
One, if he is found with the goods stolen in his hands, second, if it is found
in his house, third, if it can be proven, that he had brought it inside of his
fence and gate. He can never clear himself.
2. There are three ways in which a thief may defend himself: One, that,
"I did not steal thy goods, and I did not make myself a thief on it," second,
that, "I did not bring thy goods into the hands of a thief," third, that, "I am
not thy receiving thief" i), and defend himself as is said.
5.
Someone is robbed, follows the track, sends a message cylinder) in his steps,
first the village shall be searched. He shall call on the neighbors. They shall
go along. The track leads not out of the village, then they shall make a
house-search. The neighbors shall first go into his house, whom they most suspect.
He shall be called out, and housesearch demanded. The freeholder shall not
refuse housesearch, if he is at home himself. He shall open up his dwelling
houses, that is granary, pantry and bedrooms. These three are dwelling
houses. But other houses, both stable and barn, are called outhouses, though
there be lock on them.
1. The freeholder shall now open the houses. Now the freeholder, who
has lost the goods, and another with him, in whom they both have faith, shall
enter, they shall both be bareheaded and ungirdled, and barefooted, with
breeches tied at the knee, and so enter. They shall search these houses. If he
finds his goods in there under lock and key, is it covered by straw, then the
owner of the house is the thief. Then they take this thief lawfully, because he
is a true thief and never can he clear himself by law from this accusation. Will
he acknowledge himself to be a true thief, then shall the freeholder, who brings
in complaint, have a right to take fine for his loss, and his own goods back,
and beyond that as much as the law prescribes. Then the freeholder may
lawfully settle with him, though not sooner than before the county judge, if he
does not obtain security for himself.
Pay fine for his crime to land and king as the law says. Will he not
acknowledge, then shall the hands of the thief be bound on his back, and he be
brought to the thing. If he is let go any sooner, there is a fine of forty marks.
A man takes a bound thief by force from someone, then he shall refer to the
1) Vipærtakær piuvær: One who receives stolen goods in order to hide it.
2) Bup kæfli: Message cylinder. A round stick or other object, on which
messages of information were written.
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