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
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