LVII
64 THE BURGUNDIAN CODE the law of hospitality, let the guests of the contestants not be involved in the quarrel, but let them await the outcome between the Romans contending in judgment. And the guest of the victor shall have a share of the property obtained as a result of his success. 3. But if any barbarian involves himself in a litigation of this kind and is defeated, let him pay a fine of twelve solidi for holding this law in contempt. 4. But if a Roman presumes to ,engagehim who is his guest in litigation, we order both to pay twelve solidi, and the case to be settled by Roman law. 5. But if a contention has been raised concerning the boundaries of a field which a barbarian has received intact with slaves by public gift, it is permitted him to settle the case by Roman law whether it is brought against him or he himself has instigated it. 6. Further, if a native freeman presumes to remove or destroy a boundary marker, let him be condemned to the loss of a hand. If a slave has done this, let him be killed. 7. If indeed a native freeman wishes to redeem (avert) this mutilating punishment, let him pay half his wergeld. LVI 1. If anyone buys back another's slave ia Alamannia, either let his master pay his price (wergeld) or let him who redeems him have the slave; furthermore we order this to be observed henceforth from the present time. 2. Also if a native freeman has been redeemed at his own request, let him return his price (wergeld) to the buyer. LVII A freedman of a Burgundian who has not given his master twelve solidi as is the custom so that he may have the privilege of BOOK OF CONSTITUTIONS 65 departing whither he wishes, and who has not received his third from the Romans (i.e., from the Roman property owners) must be treated as a member of his master's household. LVIII If anyone kills a dog without any apparent cause, let him give a solidusto him to whom the dog belonged. LIX If the father is dead, let a grandchild with all his possessions be given over to the supervision and care of the grandfather if his mother has decided upon a second marriage. Moreover,if she fails to remarry because she has chosen chastity, let her children with all their property remain in her care (custody) and power. 1. Since the ancient custom is often neglected in various legal matters, it is necessary that consideration be taken for future times through a new law. And because we h o w some barbarians are willing, with two or three witnesses present, to take possession of property in the name of gift or inheritance contrary to the ancient custom, we have first corrected their presumption by the present law, decreeing that property is not validly transmitted by means of so few witnesses (i.e., that a matter confirmed by so few witnesses is invalid). 2. Moreover, if hereafter any barbarian wishes to make a will (testari) or gift (donare), either the Roman or the barbarian custom must be observed if he wishes his action to have any validity, that is, either let what he wishes to give to anyone be 1 Cf. DeSalis, op. cit., p. 91, n. 3, for tertram. Evident1 "third"refers to a third portion of the land. Perhaps this is the amount w&ch the s stem of hospitality observed among the Burgundians would assign to a fre&an. ...
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