216 
tions by the father and the foster-father of the child; and in the same 
proportion was divided between them the Erie or mulct for any in- 
juries it might sustain. 
Yo prevent theft, severe pains and penalties were provided by the 
old law, for the punishment of persons convicted of dishonesty. We 
have already seen, at page 194, that no sanctuary could protect a 
thief who had not made reparation or restitution for goods purloined 
by him. The person from whom stolen goods were purchased was 
liable to make, upon discovery, full restitution ; but the purchaser, 
who paid full value for his purchase, was not liable to any other pe- 
nalty on account of such transaction, The accessary to theft was 
liable to the same penalty as the actual perpetrator of theft ; because, 
said the law, “ if aman be not encouraged he will not steal.”* 
To show the means used to prevent improper intercourse between 
the sexes, sufficient of the laws are still in existence. By these it ap- 
pears, that the person who was convicted of the sim of incest was, in 
addition to heavy fines, to be expelled from the place where the 
crime was committed, and cut off from all privileges he might other- 
wise enjoy. He who committed adultery or fornication was sub- 
ject to a penalty or fine.. Married persons who were conyicted of the 
crime of adultery, besides the usual reparation by Erte required by 
the law, were put under a penitential rule until their death. Ifa 
woman broke her marriage vow, and was guilty of adultery, if she 
had land, it became the property of her husband during her life; in 
addition to which he had to receive from her father, if alive, a fine 
or mulct for her offence. If her father was not living, and that she 
belonged.to a chief family, that family was obliged to make repara- 
lion. Ifshe had sons, they were obliged to pay for the scandal and . 
* See MSS. in Trin. Coll. Class H. Na. 53 and No. 54. 
