1That is why he who kills a thief, either a day thief or a night thief, is not liable,  [that is], if he could not otherwise escape danger;2 if he could he is liable.34Nor  is he liable who kills by misadventure,5 without intention and wish to kill,6 and is  guilty neither of dolus nor culpa,7 of which we have spoken above,8 who, that having  been proved, is dealt with more leniently by grace of the prince.9 He is slain without  right if he is slain in premeditated assault and felony and with intent to kill,  through anger and greed. And so if he has struck and killed one person when he  intended to strike another feloniously; he is liable. And so if, thinking to strike a  light blow, he has struck a heavy one and killed; he is liable. For everyone ought  to observe mean and measure in what he does.10 An injuria of this kind entails the  ultimate penalty, when it is sued criminally.11 There is also another kind of injuria  which is punished by nothing more than a pecuniary penalty, sometimes that and  imprisonment, depending on the nature of the deed. 12[An injuria is committed not  only when a man is struck with a fist or flogged or beaten with clubs but when he  has been insulted or victimized by defamatory verses and the like.13
How one may suffer an injuria through his dependents.
 14One may suffer an injuria not only in his own person but in the persons of those  he has in his potestas, as his children and his wife. A husband may sue for an  injuria done to his wife, but the converse is not true, for wives ought to be protected  by husbands, not husbands by wives.15 One may also suffer an injuria through  those of his household, as his servants and bondsmen, if they have been beaten  and flogged to his dishonour and shame,16 or to the extent of his interest in not  being deprived of their labour.17 For the actual wounds and beatings suffered by  them they and not their lord have the action.1819For if bondsmen have a standing  in court against all men for injuriae done them in breach of the king's peace, so a  fortiori do servants. Bondsmen even have a standing in court against their lords,  for heinous wrongs, where life and member are involved, or for robbery,20 and for  treason against the lord king and other acts committed against his person, for in that  case everyone is allowed to speak.]2122If it is pecuniary, [though] a sum certain is  made the subject of the action it must nevertheless be taxed by the judge, [it is  sometimes reduced, [but] since it is the sum claimed, he ought never rightfully to  increase it,]23 since the extent of the plaintiff's interest is wholly uncertain, [because],  depending on the nature of the delict and the status of the injured party,24