he then
rather limited views of the Roman law on those subjects, which in the
German law books are not mentioned at all. We find among other things
strict personal arrest of delinquent debtors--a very ingenious provision
against fraud--and a settlement of those cases of intervention which
have so troubled our jurists, by an application of the rule, 'The hand
must defend the hand,' as follows:
'Be it known that if any one lend his horse to another, and the
latter say to him: 'To-morrow I shall bring your horse back,' and
being allowed to take the horse away, he is apprehended by another
person for debt, this creditor may take the borrowed horse for his
debt.'
The two following laws give us something of an insight into the
condition of the kingdom of the Crusaders, the one in relation to
servants, the other in relation to physicians:
'When it shall happen that a man or woman hire a man servant or a
chambermaid, reason requires that the man or woman who hires them
shall have power to dismiss them at will, because they are bound
for their wages only so long as they serve. But the servant or maid
cannot separate themselves from their master or mistress without
their consent until the termination of the engagement. But when the
servant or maid thus hired shall wish to go back over the sea,
reason requires that the man or woman grant them leave, because
they wish to cross the sea, and they shall pay them according to
the time of service. * * * When, however, servant or maid shall
depart _without_ such leave, they break faith and forfeit their
wages for the whole time of service. And if such servant be found
with any other person in the kingdom, his or her hand with which
they made promise to serve and afterward denied God and broke
faith, shall be pierced through with a red-hot iron.'
Again:
'When it shall happen that any one hire a servant or chambermaid,
become angry with him or her, and box their ears, and the latter
enter complaint to the court, reason requires that the man or woman
be _not_ subject to judicial proceeding for a simple boxing of the
servant's ears. But if the man or woman shall excessively beat the
servant or maid, or cause the same to be done, or shall inflict
upon them an open wound, and they shall enter complaint of the same
to the court, law and reason re
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