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22 THE BURGUNDIAN CODE OF THE ~ V I W G E OF BESTOWING GIFTS P - TO FATHERS, AND CONCERNING ROYAL GIFTS AND GRATLTITIES. 1. Because nothing concerning the privilege of bestowing gifts which is permitted to fathers, or concerning the gifts (and gratuities ) of rulers, has been provided in the laws, we have decreed in the present statute, with the common consent and will of all, that it be permitted to a father to give to anyone from the common property or from the produce of his labor before he makes a division , except that land acquired by allotment (title of lot, sors),' concerning which the arrangement of previous laws will still stand.2 2. If a father has divided (his property) with his sons and offered them their portions, and afterward had one or more sons by another wife, those sons who are by the second wife shall succeed to that portion which the father has acquired (subsequent to the first divisi~n)~: and when the father makes a division of his property , these children (of the second wife) can require nothing more from the other children. 3. Also it is pleasing that this rule be added to the law, that if any one of our people is known to have received anything in the way of gift from our predecessors,we decree in the present statute that he pass on to his sons that which was given to him out of our large~se.~ 4. Moreover we decree that iFanyone has received anything either from our gift, or shall receive otherwise, God granting, let the text of our gift show it. Further, let it be said that such gifts shall pass to their posterity provided they serve with such devotion and faith 1 The land designated terra smtis was that land which a barbarian "guest" was assigned from the property of his Roman "host," according to the system of hospitality followed in dividing the land between the Burgundians and Romans. Among the Burgundians and Romans the practice seems to have been that the Burgundian received two-thirds of the land and one-third of the slaves of his Roman host. Cf. L N , 1. 2 See XIV, XLII, LI, LIII, LXII, LXXV, and LXXVIII. 8 I.e., apparently that property acquired subsequent to the division among the sons of the first wife. 4 Those who had received land from the king's grant were not allowed to share the property of a Roman host. Cf. LN, 1 . BOOK OF CONSTITUTIONS 23 that these gifts of our predecessors may be increased and pre- ~erved.~ 1. If anyone presumes with boldness or rashness bent on injury to kill a native freeman of our people of any nation or a servant of the king, in any case a man of barbarian tribe, let him make restitution for the committed crime not otherwise than by the shedding of his own blood. 2. We decree that this rule be added to the law by a reasonable provision, that if violence shall have been done by anyone to any person, so that he is injured by blows of lashes or by wounds, and if he pursues his persecutor and overcomeby grief and indignation kills him, proof of the deed shall be afforded by the act itself or by suitable witnesses who can be believed. Then the guilty party shall be compelled to pay to the relatives of the person killed half his wergeld according to the status of the person: that is, if he shall have killed a noble of the highest class ( o p t i m nobilis), we decree that the payment be set at one hundred fifty solidi, i.e., half his wergeld; if a person of middle class (mediocris),one hundred solidi; if a person of the lowest class (nzinor persona), seventy-five solidi. 3. If a slave unknown to his master presumes to kill a native freeman , let the slave be handed over to death, and let the master not be made liable for damages. 4. If the master knows of the deed, let both be handed over to death. 5. If the slavehimself flees (defuerit)after the deed, let his master be compelled to pay thirty solidi to the relatives of the man killed for the value (wergeld) of the slave. 6. Similarly in the case of royal slaves, in accordance with the 6 Davoud-Oghlou regards this law as an indication of incipient feudalism, for it seems...
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