| Keywords |
|
| ID |
5391 |
| Text |
Liutprand Leges Anni XXI (733 - 733) Liutprand |
| Quotation |
Item adnuntiatum est nobis quod quidam homo habebat poteum in curtem suam et secundum consuitudinem furca et tolenum ad auriendum aquam. Veniens autem alter homo stetit sub ipsum tolenum et cum autem venissit quidam ad auriendam aquam de ipsam poteum et incaute ipsum tolenum dimissit venit super eum qui sub ipso stabat et mortuos est… |
| Translation |
It has likewise been made known to us that a certain man has a poteum [well, cistern] in his courtyard and, according to custom, it has a furca [prop] and tolenum [lift] for raising the water. Another man who came along stood under that lift and, when yet another man came to draw water from the well and incautiously released the lift, the weight came down on the man who stood under it and he was killed…
(Emended from K. Fischer-Drew, trans., The Lombard Laws (1973), p. 205) |
| Summary |
Liutprand, No. 136 addresses negligent killings and the public good in a case arising from the accidental killing of a man who stood under the counterweight of a poteum (well, cistern) in somebody else’s courtyard. Liutprand assigns payment of two thirds of the composition to the person who was killed for not paying attention to hwere they stood, and one third to the person who drew the water. The law makes clear to establish that no guilt should be impuned to the owner of the well for it being his property, as doing so would stop other people who owned wells from allowing others who do not have their own well or travellers from using the water which would cause greater suffering. |
| Quotation source |
MGH, LL 4, 1868 (F. Bluhme), pp. 166-67 |
| Temporal Coverage |
733 - 733 |
| Associated use case(s) |
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| Comment |
The Liutprand Leges Anno XXI form part of the Leges Liutprandi [Text, ID:1098] and in turn are part of the collected Edictus Langobardorum [Text, ID:984]. |
