XXXII
44 THE BURGUNDIAN CODE XXIX I. If anyone in an act of assault or robbery kills a merchant or anyone else, let him be killed; with the further condition that if those things which he took cannot be found, let them be compensated in fee simple from his property. 2. But if a man committing an assault shall have been killed by those whom he intended to rob, let no suit be brought for this reason against the killers by the master or relatives of the man killed. 3. We order all lawbreakers who plunder houses or treasure chests to be killed. XXX OF WOMEN VIOLATED. 1. Whatever native freeman does violence to a maidservant, and force can be proved, let him pay twelve solidi to him to whom the maidservant belongs. 2. If a slave does this, let him receive a hundred fifty blows. XXXI OF PLANTING VINEYARDS. I. Among Burgundians and Romans, we order that the rule be observed that whoever plants a vineyard in a common field with no opposition shall restore a like field to him in whose holding he placed the vineyard. 2. If indeed after prohibition anyone presumes to plant a vineyard in another's field, let him lose his labor, and let him whose field it is receive the vineyard. XXXII OF HIM WHO HAS BOUND A MAN ILLEGALLY OR WITHOUT CAUSE. 1. If a native freeman binds an innocent native freeman, let him pay twelve solidi to him whom he bound, and let the amount of the fine be twelve solidi. BOOK OF CONSTITUTIONS 45 2. If he binds a freedman, let him pay six solidi to him whom he bound, and let the amount of the fine be six solidi. 3. If he binds a slave, let him pay him three solidi, and let the amount of the fine be three solidi. 4. If a slave does this, let him receive a hundred blows. 1. If any native freewoman has her hair cut off and is humiliated without cause (when innocent) by any native freeman in her home or on the road, and this can be proved with witnesses,let the doer of the deed pay her twelve solidi, and let the amount of the fine be twelve solidi. 2. If this was done to a freedwoman, let him pay her six solidi. 3. If this was done to a maidservant, let him pay her three solidi, and let the amount of the fine be three solidi. 4. If this injury (shame, disgrace) is inflicted by a slave on a native freewoman, let him receive two hundred blows; if a freedwoman , let him receive a hundred blows; if a maidservant, let him receive seventy-five blows. 5. If indeed the woman whose injury we have ordered to be punished in this manner commits fornication voluntarily (i.e., if she yields), let nothing be sought for the injury suffered. I. If any woman leaves (puts aside) her husband to whom she is legally married, let her be smothered in mire. 2. If anyone wishes to put away his wife without cause, let him give her another payment such as he gave for her marriage price, and let the amount of the fine be twelve solidi. 3. If by chance a man wishes to put away his wife, and is able to prove one of these three crimes against her, that is, adultery, witchcraft , or violation of graves, let him have full right to put her away: and let the judge pronounce the sentence of the law against her, just as should be done against criminals. 4. But if she admits none of these three crimes, let no man be per- ...
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