called manifest thieves, and of those who steal in secret. Furthermore, of these as well as of those there are two kinds, from each of which the chattels go to different persons in a different way. Some robbers, indeed, as well as some thieves, are lawless—outlaws, as we more usually call them,—some not: they become outlaws or lawless, moreover, when, being lawfully summoned, they do not appear, and are awaited and even sought for during the lawful and fixed terms, and do not present themselves before the law. Of these, therefore, the chattels and also the lives are known to be in the hands of those who seize them, nor can they for any reason pertain to the king: of robbers, however, who have not yet sunk to this depth of misery, the goods, if they are seized, go to the fisc; but of thieves, to the sheriff under whom they a,re seized and punished. But if the sheriff have deemed the case of a thief worthy to be brought to court, to be there judged, nothing which that thief possessed is due to him, but all to the king. But if any one have pursued the man who robbed him, and have brought him up in the first court of the lord king, or also in the county court, — and, according to the form of proof decreed by the judge, shall have proved him guilty of theft: that which was taken shall first be restored to the injured person from the chattels of the thief, if they are sufficient for that purpose; the affidavit or oath of him who claims it being first taken, if it so please the justice of the lord king. Afterwards, moreover, by the provident institution of those eager for peace, the same man is to receive, as a solace for his labour and expense, as much again as he had at first lost by the wiles of the thief. This double and prudently procured payment was called by the ancients, not without reason, " solta " and " persolta " or " prosolta ": first, indeed, what had been taken is also paid, and on account of this is called " solta "; then that which is added for the charge of labour or expense is called "pro-" or "persolta." These things having been thus carried out, the remainder of the goods of the accused shall go to the fisc.
D. These things also seem necessary; but now, according to thy promise, proceed, if it please thee, concerning the rents of woods.
