VIII
BOOK OF CONSTITUTIONS 29 either let the value of the slave (servus) or serf (colonus) be established according to his condition, which (value) the master to whom the slave (servus) or serf (colonus) belongs shall receive from the accuser in person, or let him (the master) receive a slave (mncipium) of like value. When this has been done thus, let him who has been charged with the crime be handed over to a judge for torture so that if he shall have admitted by confession that which is charged, let the man (who brought the charge) receive back the wergeld which he had given (to the master of the slave). Then let the slave (servus) be killed for the confessed crimesso that the penalty which has been established above may be observed. But if, however, the slave (servus) or serf (colonus) shall not have confessed under torture, let him who made the charge make restitution to his master: let the master obtain either a substitute slave (servus), whom he receives on account of the punishment of an innocent slave (seruus), or let him keep the wergeld (which the man who brought the charge was obliged to give the master of the slave against whom the charge was brought). VIII 1. If a native freeman, either barbarian or Roman, is accused of a crime through suspicion, let him render oath, and let him swear with his wife and sons and twelve relatives: if indeed he does not have wife and sons and he has mother or father, let him complete the designated number with father and mother. But if he has neither father nor mother, let him complete the oath with twelve relatives . 2. But if he who must take oath wishes to take it with raised hand (de manu), and if those who are ordered to hear the oath-those three whom we always command to be delegated by the judges for hearing an oath-before they enter the church declare they do not wish to receive the oath, then he who was about to take oath is not permitted to do so after this statement, but they (the 1 Cf. XLV. 30 THE BURGUNDIAN CODE judges) are hereby directed by us to commit the matter to the judgment of God (i.e.,to ordeal). 3. If however, having received permission, he has taken the oath, and if he has been convicted after the oath, let him know that he must make restitution by a ninefold payment (in novigildo) to those in whose presence the judge ordered him to give his oath. 4. But if they (those appointed to hear the oath) fail to come to the place on the appointed day, and if they shall not have been detained by any illness or public duty, let them pay a fine of six solidi. But if they were detained by any illness or duty, let them make this known to the judge or send other persons in their place whom they can trust to receive the oath for them. 5. If moreover he who is about to take the oath does not come to the place, let the other party wait until the sixth hour of the day; but if he has not come by the sixth hour, let the case be dismissed without delay. 6. But if the other (the accusing party) does not come, let him who was about to take the oath depart without loss. If any Burgundian or Roman shall take away anything, even a young animal, we order him who took it away to pay the price which has been set by us ninefold. 1. If anyone kills a slave, barbarian by birth, a trained (select) house servant or messenger, let him compound sixty solidi; moreover , let the amount of the fine be twelve solidi. If anyone kills another's slave, Roman or barbarian, either ploughman or swineherd , let him pay thirty solidi. 2. Whoever kills a skilled goldsmith, let him pay two hundred solidi. ...
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