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BOOK OF CONSTITUTIONS 81 2. Thereforewe order that at whatever time smaller animals, that is, goats, sheep, or pigs, are found in a vineyard, one may be selected from among them, as often as they are found, and then killed and kept by the master of the vineyard. 3. If indeed, after a third warning, a cow is found in a vineyard, it may be killed likewise and kept by the master of the vineyard . 4. Indeed, in the case of oxen, work horses, asses,or ridinghorses: we order that if the above-mentioned animals have been found, the master or custodian of the vineyard may shut them up; and let their owner pay a single tremissis to him who holds them in custody. 5. If, indeed, a native freeman presumes rashly to take them from the enclosure, let him be fined in the amount of six solidi; if a slave has done this, let him receive two hundred blows after he has been delivered up by his master. 6. If indeed either the owner or his herdsman does not wish to redeem animals held in an enclosure within two days and in any wise make the above-mentioned payment, or if the steward or master does not impose a punishment of two hundred blows on the slave, we order that the above-mentioned payment be directed by the judge, or in the absence of a judge, by his subordinate (praepositus)to the owner of the vineyard. We order that this decree and command be proclaimed among our laws regarding the execution of penalties since it is suited to the general welfare. 1. If anyone despises the decision of the judges appointed by us, let him pay six solidi to the judges, let the amount of the h e be twelve solidi, and finally, let him lose the case. 2. If indeed, the judges appointed by us render decisions unjustly, let them h o w that a fine of three times twelve solidi must be paid by them to us without question. 1 For aut equis animalibup, Beyerle substitutes aut aequis animalibus,i.e., "or similar animals."Cf. Beyerle, up.dt., p.116, n. 1 . ...
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