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24 THE BURGUNDIAN CODE status of such persons, let the same condition about murderers be observed. 7. In such cases let all know this must be observed carefully, that the relatives of the man killed must recognize that no one can be pursued except the killer; because just as we have ordered the criminals to be destroyed, so we will suffer the innocent to sustain no injury. If it shall be established that any were the freedmen or freedwomen of our ancestors of royal memory, that is, Gibica, Godomar, Gislaharius, Gundaharius, also of our father and our uncle, let them remain in that same state of freedom; whoever among them has been in a servitude of lower status under our ancestors, let them remain under our dominion (dominium). 1. If anyonesolicits another's bondservant, or anyone, either native Burgundian or Roman, presumes to take in theft a horse, mare, ox, or cow, let him be killed: and let him who lost the bondservants and animals mentioned above, if he is not able to find them in the possession of the solicitor or thief, receive compensation in fee simple: that is, if he is not able to find that bondservant, for the bondservant, twenty-five solidi; for the best horse, ten solidi; for an ordinary one, five solidi; for the mare, three solidi; for the ox, two solidi; for the cow, one solidus. 2. If indeed a slave commits the theft, let him be handed over to death: and let the master of the slave requite by a single payment (i.e., in fee simple) and without claim to further damages him who lost those things which were taken away by theft, including the above-mentioned animals which cannot be found, in accordance with the t a r 8 of established prices. 3. And if any native freeman, either Burgundian or Roman, takes in theft a pig, a sheep, a beehive, or a she-goat, let him pay three- BOOK OF CONSTITUTIONS 25 fold according as their value is established, and in addition, let him pay a fine of twelve solidi. Let the composition be for the pig, one solidus; for the sheep, one solidus; for the beehive, one solidus; for the goat, a tremissis. Indeed, let their value be paid threefold. 4. If a slave of a Burgundian or of a Roman admits the theft of the afore-mentioned animals (livestock), let the slave be handed over for punishment that he may receive three hundred blows of a stick. Moreover, let the master pay in simple for the crime; and a fine is not required from the master. 5. If a native freeman steals the little bell (tintinnum)l attached to a horse, let him return another horse like it (i.e., a horse like the one to which the bell was attached); and let a like provision be observed concerning a lead ox. If a slave take it, let him be beaten. 6. Moreover, if a native freeman steals the hobble ( p a d i ~ a ) ~ of a hobbled horse, let him know that a horse of like value must be returned. If a slave commits such an act, let him receive a hundred blows of a stick for each offense. 7. If a native freeman presumes to ride a horse without the owner's permission, let him know that two solidi must be given to him to whom the horse belongs if the horse has been taken for a journey of one day only; but if indeed for more than that, let him be held according to that law which we have ordered to be observed concerning horses used for journeyse3If a slave does this, let him be beaten. 1 Cf. DuCange, op.cit., VI, 592. 2 Cf. ibid., V, 173. It is suggested by Davoud-Oghlou that the heavy payment imposed for the theft of a little bell or a hobble-the value of the animal to which it was attached-results from the fact that the animal could easily become lost without the tintinnum or pedica. Cf. Davoud-Oghlou, op, cit., I, 415 (L,11). The word used here is inuenticius which is very obscure. The root seems to be the same as that of adventicius, from which is derived the Castilian word aduenticio, meaning something strange or unusual; the Portuguese word aduenticio ( aduenticiamente),meaning adventitious, foreign, strange, extraordinary ; and the Italian word aduenticcio, which seems to mean a stranger, one who has come from abroad...
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