as the character of the offence demands, according as it is serious or slight, [or]  exile for crime and 1lata fuga, as exclusion from all places except [a certain place]2  forever, or deportation to an island,3 forever or for a time, which may be termed  abjuration of the realm or outlawry. If one so exiled has not complied with the  exile4 he is punished by capital punishment,5 that is, if he returns without license  after being so exiled.
Of homicide through misadventure and accident.
 Of accidental homicide.6 [Accidental homicide], which was touched upon above,7  may be committed in many ways, as where one intending to cast a spear at a  wild beast [or does something of the sort, as8 where playing with a companion he  has struck him in thoughtless jest, or when he stood far off when he drew his bow or  threw a stone he has struck a man he did not see, or where playing with a ball it has  struck the hand of a barber he did not see so that he has cut another's throat,9 and  thus] has killed a man, not however with the intention of killing him; he ought to  be absolved,10 because a crime is not committed unless the intention to injure exists,11  12<It is will and purpose which mark maleficia,13 nor is a theft committed unless there  is an intent to steal.>14 as may be said of a child or a madman, since the absence of  intention protects the one and the unkindness of fate excuses the other.15 In crimes  the intention is regarded, not the result.16 It does not matter whether one slays or  furnishes the cause of death.17 But here we distinguish between true cause [and  cause in] misadventure, by18 animals which lack reason,19 or other movable things,20  which provide the occasio, as a ship, a tree that crushes and the like. Properly  speaking stationary things, as a house or a rooted tree, provide neither the cause  nor the occasion, [nor do moving things sometimes,21 neither a ship nor a boat in  salt water, though it may in fresh,22 by mishandling,] but he who conducts himself  stupidly, as in many other cases.
Of those who are arrested: that they ought not to be despoiled of their goods but receive sustenance therefrom.
 He who is arrested and imprisoned or kept in custody for a crime or a major felony,  such as homicide, ought not to be despoiled of his goods or disseised of his lands23  but ought to be sustained by them until
1-2. D. 48.22.5: aut lata fuga, ut omnium locorum interdicatur praeter certum locum, aut insulae vinculum; ut for et; om: et