XXI
ADDITIONAL ENACTMENTS 93 XXI 1. Since cases of this kind arise within our realm for which no provision has yet been made by law, we decree by the present enactment what ought to be observed among our people following a discussion held with our counts (comites). 2. If any freeman is led away into captivity and leaves bondservants within our realm, and if any relative claims or assumes or perchance seeks through our command any such bondsewant for himself, let that captive receive back without protest the bondservant thus supported if he ever returns to his own home. 3. If anyone shall sell his slave or maidservant from our realm into another land and if the slave thus sold shall return to his original home after the custom of the country (more patrim),l we command that he be free; nevertheless with the further provision that he should know that he will not be held under the 6tlage (patrocinium ) of any other save his former master who sold him. 4. If any free Goth held captive by the Franks shall come into our realm and wish to dwell there, permission shall not be denied him. 5. If anyone in time of pillage has lost his slaves and reposing faith in the enemy (under the protection of the enemy?) has departed with one only as a free woman whom he has set free as a wife for himself, we order especially that he who freed her may seek his reward provided that nothing further may be sought from that woman for such a reason (i.e., perhaps, no payment may be sought from her).2 1 Beyerle and Binding suggest amore patdue, "love of country," as a preferable rendering. Cf. Beyerle, op. cit., p. 134. a The text of this law is also disputed, and does not seem to make much sense. In the latter part of the law, for is, qui earn liberauit, mercedes requirere specialius ordinamus, ut nihi2 . . . , Beyerle substitutes is, qui earn liberauit, mercedes re uiret, et specialius ordinemus, ut nihil . . . , which he translates something lile: "such a deliverer may seek the reward (for his service as best he can). And we order especially that that man leave the woman entirely unmolested ." Cf. Beyerle, op.cit., pp. 134-35. However, another possible translation might be: "he who freed her shall seek his reward in vain since we order especially that nothing further may be sought from that woman for such a reason." 94 THE BURGUNDIAN CODE 6. If any person shall come into our realm from another country and shall wish to make his home here, or to dwell with someone, he shall have permission; and no one shall presume to reduce him to servitude through his own efforts or attempt to seek him from US. 7. With respect to different kinds of solidi, we order that all gold of whatsoever weight be received save for four particular issues, namely that of Valencia, the older issue of Geneva, the Gothic mone; which was coined at the time of Alaric, and that of Adari~.~ But if anyone will not receive gold of accepted weight save for these four issues of money, let him lose what he wanted to sell without remuneration (i.e., because he would not accept the money [pretium] offered). 8. If anyone shall receive a guarantor (oathtaker) and shall presume to take possession of his pledges before he has warned the debtor with whom he had the suit (originally) three times in the presence of witnesses, let him restore the pledges which he presumed to take twofold. 9. If anyone shall buy another's slave from the Franks, let him prove with suitable witnesses how much and what sort of price he paid and when witnesses have been swcm in, they shall make oath in the following manner: "We saw him pay the price in our presence , and he who purchased the slave did not do so through any fraud or connivance with the enemy." And if suitable witnesses shall give oaths in this manner, let him receive back only the price which he paid; and let him not seek back the cost of support and let him return the slave without delay to his former owner. 10. Be it known that whoever attempts to do anything contrary 3 Just what issues of coins are indicated here is not ver clear. The first seems to be that minted in the city of Yalencia. The second: "the...
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