XIX
ADDITIONAL ENACTMENTS (Titles I-XVII repeat Titles LXXXIX-CV of the Code above) XVIII 1. The complaints of many Burgundians and Romans have come to us stating that their vineyards have been destroyed by animals, pigs, as well as other beasts; after discussingthe matter thoroughly with our nobles (obtimates), we have perceived that it is just, and so it seems just to us, that if animals shall be found in a vineyard by anyone, he should have the full power of killing one from the herd of pigs and applying it to his own use. 2. And if it fittingly pertains to the welfare and peace of all, let a similar condition hold in the case of other animals and livestock, with the exception of oxen and horses, as in the case of pigs. XIX 1. Gundobad, king of the Burgundians, to all his counts. From statements made by many, we know that horse thieves and housebreakers have resorted to such madness that they commit crimes and all evil not only secretly but also publicly. And therefore we give this precept to you, that if you are able to find those horse thieves or housebreakers, open criminals as well as suspects, do not delay to seize them and bring them before you immediately; with the further provision that if he who has been seized and brought before you can prove himself innocent, let him depart a free man with all his property, and let him not presume to bring an accusation on account of the fact that he has been bound and seized. 2. But if he has been found guilty, let him receive the torments of 91 92 THE BURGUNDIAN CODE the death penalty which he deserves, and let his property be taken by those who seized him. 3. And not only is it permitted to pursue a criminal in the district (pagus) where he lives, but also, as the common welfare and safety require of everyone, let him not hesitate to seize persons of this sort in other places belonging to us (under our jurisdiction), and to present them before the judges so that the afore-mentioned crimes may not be allowed to remain unpunished longer. You will endeavor to bring this our order to the notice of all. Sigismund, king of the Burgundians. Since we have learned at the worthy and laudable suggestion of that venerable man Bishop Gimellus that exposed children whom compassion would cause to be taken in are neglected because those who would shelter the foundlings fear that they would be taken from them by legal charges (calumnians intencio), and so because of lagging compassion the souls of these children perish wretchedly; wherefore, having been moved by the just suggestion which has been raised in this case by our father of holy memory, we decree by this proclamation and the provisions of the present edict and we state in this declaration of our law that in this matter the rules of the Roman law be observed among Romans and let such litigation as has arisen between Burgundians and Romans be concluded as has been established by us; however those cases of this kind which have been completed before the date of this present edict shall in no wise be changed, and the status of pending business is to be governed by the laws mentioned; establishing however that no one may hereafter dare to impose penalties contrary to this salutary precept. Given on March 8 (516) in the consulship of Petrus. 1 C f .Lex Visigothorum, IV, 4, 1: ut pro exposito infantulo ingmuo seroZat qui proiecit. ...
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