FREE BOOKS

Author's List




PREV.   NEXT  
|<   332   333   334   335   336   337   338   339   340   341   342   343   344   345   346   347   348   349   350   351   352   353   354   355   356  
357   358   359   360   361   362   363   364   365   366   367   368   369   370   371   372   373   374   375   376   377   378   379   380   381   >>   >|  
stica.'] [Footnote 609: The punishment consisted in loss of all claim to the property--which was generally seized by someone who had some kind of ostensible claim to it--and a penalty of equal value with that of the property wrongfully seized.] 'II. _Affixing Titles to Property._ [When land had from any cause become public property, the Emperor's officers used to affix _tituli_, to denote the fact and to warn off all other claimants. Powerful men who had dispossessed weaker claimants used to imitate this practice, and are here forbidden to do so.] 'This offence shall subject the perpetrator to the same penalties as _pervasio_. It is really a kind of sacrilege to try to add the majesty of the royal name to the weight of his own oppression. Costs are to be borne by the defeated claimant. 'III. _Suppression of Words in a Decree._ Anyone obtaining a decree against an adversary is to be careful to suppress nothing in the copy which he serves upon him. If he does so, he shall lose all the benefits that he obtained. We wish to help honest men, not rogues. 'IV. _Seduction of a Married Woman._ He who tries to interfere with the married rights of another, shall be punished by inability to contract a valid marriage himself. [This punishment of compulsory celibacy is, according to Dahn, derived neither from Roman nor German law, but is possibly due to Church influence.] The offender who has no hope of present or future matrimony[610] shall be punished by confiscation of half his property; or, if a poor man, by banishment. [Footnote 610: 'Illis quos spes non habet praesentis conjugii vel futuri.' It is not easy to see how the Judge could ascertain whether a man belonged to this claim or not.] 'V. _Adultery_. All the statutes of the late King (divalis commonitio) in this matter are to be strictly observed. [Edict. Theodorici, Sec. 38, inflicted the penalty of death on both offenders and on the abettors of the crime.] 'VI. _Bigamy_ is to be punished with loss of all the offender's property. 'VII. _Concubinage._ If a married man forms a connection of this kind with a free woman, she and all her children shall become the slaves of the injured wife. If with a woman who is a slave already, she shall be subjected to any revenge that the lawful wife likes to inflict upon her, short of blood-shedding[611]. [Footnote 611: 'Quod si ad tale flagitium ancilla pervenerit, excepta poena sanguinis, matronali subjaceat ultioni
PREV.   NEXT  
|<   332   333   334   335   336   337   338   339   340   341   342   343   344   345   346   347   348   349   350   351   352   353   354   355   356  
357   358   359   360   361   362   363   364   365   366   367   368   369   370   371   372   373   374   375   376   377   378   379   380   381   >>   >|  



Top keywords:

property

 

Footnote

 
punished
 

punishment

 

claimants

 
penalty
 
seized
 
offender
 

married

 

praesentis


ascertain
 

belonged

 

Adultery

 
futuri
 
conjugii
 
confiscation
 
Church
 

influence

 

possibly

 
German

banishment

 

present

 

future

 

matrimony

 

statutes

 
lawful
 

inflict

 

revenge

 

subjected

 

slaves


injured

 

shedding

 
excepta
 

pervenerit

 

sanguinis

 

matronali

 

ancilla

 
flagitium
 

subjaceat

 

children


observed

 

Theodorici

 

strictly

 

matter

 

ultioni

 
divalis
 
commonitio
 

inflicted

 

Concubinage

 

connection