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THE LAW OF" THE WE8TGOTH8.
75
nearest man as witness, and in the nearest village, that he was robbed of his
thief, and therefore is the other one guilty of a fine of forty marks.
2. Now if stolen goods is found in a closed or locked vessel, trunk or chest,
to which the housewife has the key, then the housewife is thief. The freeholder
will not pay the legal fine, then shall the housewife be arrested, and her hands
bound on her back, bring her to the thing before all the Goths or before the
county. Then if the freeholder wishes to free his wife by fines according to
law, then shall the woman be let go, because a woman is a minor. She must
not be beheaded nor hanged except for witchcraft.
6.
A freeholder goes to seek his property, he is refused housesearch, then shall
he demand it in the presence of witnesses, because he dares not refuse him
housesearch, if he is himself at home. If he refuses him housesearch, then he
draws suspicion on himself for the theft. Then the case shall be referred to the
neighbors as witnesses, that "now is housesearch denied". Then the freeholder
calls him his thief, because he refused housesearch. Now the accused says no
thereto, then the freeholder shall report to the judge. He shall set a thing and
appoint a jury, and ask him, why he refused housesearch, if he claims not to
be his thief. He is guilty of three sixteenörtugs.
3. Now the fine is paid for refusing housesearch. But that case stands
open, that he is called thief. He shall defend himself with two twelfths and
four men’s foreoath. 2) Fails he, pay fine as law says.
7.
Now as to the outhouses. He who has lost property brings complaint.
"Thus it came there, that thou or thy servants, whose cause it is thy duty to
plead, caused it." Then that freeholder is in duty bound to prove. Swear with
two twelfths and four men’s foreoath, that "that came there neither with my
knowledge or action, nor with their knowledge or action for whom I am
responsible. It was brought there by someone else, and I caused not that theft."
1. Does one freeholder accuse another of carrying stolen property into his
houses, defend himself with two twelfths.
8.
A man finds his animal, then he shall ask security for it. The freeholder
can not refuse security without incriminating himself. Then shall the
freeholder ask security for goods stolen by a thief. Then a seventh-night-thing
2) Forepa: foreoath. An oath, which was to be followed by another,
sworn by several men.
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