FREE BOOKS

Author's List




PREV.   NEXT  
|<   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68  
69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   >>   >|  
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
PREV.   NEXT  
|<   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68  
69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   >>   >|  



Top keywords:

servant

 

reason

 
requires
 
complaint
 
service
 

person

 

chambermaid

 

happen

 

relation

 

kingdom


subjects

 

forfeit

 

German

 

depart

 

mistress

 
consent
 

engagement

 
termination
 

mentioned

 
afterward

simple

 

boxing

 
proceeding
 

judicial

 

subject

 

excessively

 

inflict

 

limited

 

pierced

 

denied


promise

 
master
 

separate

 

creditor

 

troubled

 

apprehended

 

jurists

 

borrowed

 

insight

 

defend


morrow

 

allowed

 

application

 

condition

 

strict

 

things

 
personal
 
arrest
 
dismiss
 

delinquent