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Title L. Concerning Promises to Pay

1.If any freeman or feet have made to another a promise to pay,then he to whom the promise was made shall,within 40 days or within such term as was agreed when he made the promise,go to the house of that man with witnesses,or with appraisers. And if he (the debtor) be unwilling to make the promised payment,he shall be sentenced to 15 shillings above the debt which he had promised.

2.If he then be unwilling to pay,he (the creditor) shall summon him before the “Thing”;and thus accuse him:“I ask thee,‘Thunginus,’ to bann my opponent who made me a promise to pay and owes me a debt.” And he shall state how much he owes and promised to pay. Then the “Thunginus” shall say:“I bann thy opponent to what the Salic law decrees.” Then he to whom the promise was made shall warn him (the debtor) to make no payment or pledge of payment to any body else until he have fulfilled his promise to him (the creditor). And straightway on that same day before the sun sets,he shall go to the house of that man with witnesses,and shall ask if he will pay that debt. If he will not,he (the creditor) shall wait until after sunset;then,if he have waited until after sunset,120 denars,which make 3 shillings shall be added on to the debt. And this shall be done up to 3 times in 3 weeks. And if at the third time he will not pay all this,it (the sum) shall increase to 360 denars,or 9 shillings:so,namely,that,after each admonition or waiting until after sunset,3 shillings shall be added to the debt.

3.If any one be unwilling to fulfil his promise in the regular assembly,-then he to whom the promise was made shall go the count of that place,in whose district he lives,and shall take the stalk and shall say:oh count,that man made me a promise to pay,and I have lawfully summoned him before the court according to the Salic law on this matter;I pledge thee myself and my fortune that thou may’st safely seize his property. And he shall state the case to him,and shall tell how much he (the debtor) had agreed to pay. Then the count shall collect suitable bailiffs,and shall go with them to the house of him who made the promise and shall say:thou who art here present pay voluntarily to that man what thou didst promise,and choose any two of those bailiffs who shall appraise that from which thou shalt pay;and make good what thou cost owe,according to a just appraisal. But if ho will not hear,or be absent,then the bailiffs shall take from his property the value of the debt which he owes. And,according to the law,the accuser shall take two thirds of that which the debtor owes,and the count shall collect for himself the other third as peace money;unless the peace money shall have been paid to him before in this same matter.

4.If the count have been appealed to,and no sufficient reason,and no duty of the king,have detained him-and if he have put off going,and have sent no substitute to demand law and justice:he shall answer for it with his life,or shall redeem himself with his “wergeld.”

…… fC+IoakPevR8f1M4JbgQiq0UmbEIfxSs8i+bJxpDxnTAD6G7NYhmHRIjH0VKPiTu



Title LV. Concerning the Plundering of Corpses

2.If any one shall have dug up and plundered a corpse already buried,and it shall have been proved on him,he shall be outlawed until the day when he comes to an agreement with the relatives of the dead man,and they ask for him that he be allowed to come among men. And whoever,before he come to an arrangement with the relative,shall give him bread or shelter — even if they are his relations or his own wife — shall be sentenced to 600 denars which make xv shillings.

3.But he who is proved to have committed the crime shall be sentenced to 8000 denars,which make 200 shillings. fC+IoakPevR8f1M4JbgQiq0UmbEIfxSs8i+bJxpDxnTAD6G7NYhmHRIjH0VKPiTu



Title LVI. Concerning Him Who Shall Have Scorned to Come to Court

1.If any man shall have scorned to come to court,and shall have put off fulfilling the injunction of the bailiffs,and shall not have been willing to consent to undergo the fine,or the kettle ordeal,or anything prescribed by law:then he (the plaintiff) shall summon him to the presence of the king. And there shall be 12 witnesses who at time being sworn shall testify that they were present when the bailiff enjoined him (the accused) either to go to the kettle ordeal,or to agree concerning the fine;and that he had scorned the injunction. Then 3 others shall swear that they were there on the day when the bailiffs enjoined that he should free himself by the kettle ordeal or by composition;and that 40 days after that,in the “mallberg,” he (the accuser) had again waited until after sunset,and that he (the accused) would not obey the law. Then he (the accuser) shall summon him before the king for a fortnight thence;and three witnesses shall swear that they were there when he summoned him and when he waited for sunset. If he does not then come,those 9,being sworn,shall give testimony as we have above explained. On that day likewise,if he do not come,he (the accuser) shall let the sun go down on him,and shall have 3 witnesses who shall be there when he waits till sunset. But if the accuser shall have fulfilled all this,and the accused shall not have been willing to come to any court,then the king,before whom he has been summoned,shall withdraw his protection from him. Then he shall be guilty,and all his goods shall belong to the fisc,or to him to whom the fisc may wish to give them. And whoever shall have fed or housed him — even if it were his own wife — shall be sentenced to 600 denars,which make 15 shillings;until he (the debtor) shall have made good all that has been laid to his charge. fC+IoakPevR8f1M4JbgQiq0UmbEIfxSs8i+bJxpDxnTAD6G7NYhmHRIjH0VKPiTu

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