XLV
52 THE BURGUNDIAN CODE by desire, unites with anyone, and she bursts forth in an accusing voice, let her not receive the stated number of solidi, and we order that she, demanding marriage thus, be not awarded to him to whom she joined herself in such a disgraceful manner, because it is just that she, defeated by her vile conduct, is worthy of neither matrimony nor reward. We know that many of our people are corrupted through inability to establish a case and because of instinct of greed, so that they do not hesitate frequently to offer oaths about uncertain matters and likewise to perjure themselves about known matters. To break up this criminal practice, we decree by the present law that as often as a case shall arise among our people and he who has been accused denies by offeringoaths that that which is sought is owed by him, and that that has been done which is charged, it is fitting that an end be made to their litigation in this manner: if the party to whom oath has been offered does not wish to receive the oath, but shall say that the truthfulness of his adversary can be demonstrated only by resort to arms, and the second party (the one accused) shall not yield (the case charged), let the right of combat not be refused; with the further provision that one of the same witnesses who came to give oath shall fight, God being the judge. For it is just that if anyone shall say without delay that he knows the truth of the matter and shall offer to take oath, he should not hesitate to fight. But if the witness of him who offered oath was overco'me in that combat, let all witnesses who promised that they would take oath be compelled to pay a fine of three hundred solidi without any grant of delay. But if he who refused to receive the oath (the accuser) shall have been killed, let the victoriousparty be repaid ninefold the sum (debt) involved taken from his property (i.e., from the property of the dead man) as damages,so that as a result, one may delight in truth rather than falsehood. 1 Cf. VIII. BOOK OF CONSTITUTIONS 53 Given the 28th of May (502) at Lyons, Abienus uir clurissimw being consul. XLVI 1. It is fitting that those who create strife among our people or cause danger to men should be corrected reasonably by the prohibition of law. And therefore we order that from the present time anyone who sets a bow for the purpose of killing wolves should let those living round about know of it forthwith by giving warning on the same day. He should set up three bowstrings carefully so that they may serve as warning signs of the drawn bow, of which two (of the bowstrings) are placed higher up (above the ground). If these shall be touched by men coming upon them ignorantly, or by domestic animals, the bow will discharge the arrow harmlessly. 2. But if this has been done in the manner provided so that the set traps are known to those living round about, let him who set the bow sustain no criminal charges (calumniae) in the case of any native freeman who incautiously incurs death or injury from this cause; but he will take care to pay twenty-five solidi to the relatives of the man killed. 3. But if it is a slave who has been struck by the arrow, let him lie imavenged without any payment (i.e., uncompensated). 4. But if he who set the bow has not made it known to those living near by, and if the bowstrings were not placed with that care or in that manner which we ordered, and if any native freeman or slave has been killed, let him (who set the bow) be compelled by the judge to pay the entire wergeld according to the rank of the person to the relatives or master of him slain, according to the enactment of former laws. 1 C f .LXII. ...
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