priated, illegally bought, or damaged by neglect, was usually
accompanied by a fine, giving it the form of multiple restoration. This
might be double, treble, fourfold, fivefold, sixfold, tenfold, twelvefold,
even thirtyfold, according to the enormity of the offence.
The Code recognized the importance of intention. A man who killed another
in a quarrel must swear he did not do so intentionally, and was then only
fined according to the rank of the deceased. The Code does not say what
would be the penalty of murder, but death is so often awarded where death
is caused that we can hardly doubt that the murderer was put to death. If
the assault only led to injury and was unintentional, the assailant in a
quarrel had to pay the doctor's fees. A brander, induced to remove a
slave's identification mark, could swear to his ignorance and was free. The
owner of an ox which gored a man on the street was only responsible for
damages if the ox was known by him to be vicious, even if it caused death.
If the mancipium died a natural death under the creditor's hand, the
creditor was scot free. In ordinary cases responsibility was not demanded
for accident or for more than proper care. Poverty excused bigamy on the
part of a deserted wife.
On the other hand carelessness and neglect were severely punished, as in
the case of the unskilful physician, if it led to loss of life or limb his
hands were cut off, a slave had to be replaced, the loss of his eye paid
for to half his value; a veterinary surgeon who caused the death of an ox
or ass paid quarter value; a builder, whose careless workmanship caused
death, lost his life or paid for it by the death of his child, replaced
slave or goods, and in any case had to rebuild the house or make good any
damages due to defective building and repair the defect as well. The
boat-builder had to make good any defect of construction or damage due to
it for a year's warranty.
Throughout the Code respect is paid to status.
Suspicion was not enough. The criminal must be taken in the act, _e.g._ the
adulterer, ravisher, &c. A man could not be convicted of theft unless the
goods were found in his possession.
In the case of a lawsuit the plaintiff preferred his own plea. There is no
trace of professional advocates, but the plea had to be in writing and the
notary doubtless assisted in the drafting of it. The judge saw the plea,
called the other parties before him and sent for the witnesses. If these
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