XXIII
BOOK OF CONSTITUTIONS 39 OF THE ABOLITION OF THE ADVOCACY (Patrocinium) OF BARBARIANSIN LAWSUITS INVOLVING ROMANS. Whatever Roman hands over a case which he has with another Roman to be transacted by a Burgundian as advocate, let him lose the case, and let him who receives it pay a fine in the amount of twelve solidi. XXIII OF INJURIESWHICH Am CAUSED BY ANIMALS. 1. If a man has enclosed or shut away an animal from his crops or from any place where it can do damage, and if the man to whom the animals belong drives them by force out of the courtyard of him who confined them as a voluntary act of presumption before the value of the damage done has been established, let him pay six solidi to him against whom he used force and let there be a fine of six solidi for the estimated loss. If a slave does this, let him receivea hundred blows; likewiseconcerning the estimated loss. 2. If any animal is impaled while being driven from a field, from a meadow, from a vineyard, or from a wheat field, let nothing be required from him who was driving it away. 3. But if a man undertakes to remove animals belonging to himself from a field or from any place while they are being guarded in an enclosure because of the damage they have done, let him pay a single tremissis for each animal, and let the amount of the fine be three solidi. 1 The patrocinium or advocatw represents a wide variety of legal powers. The advocate was originally a person called or summoned (advocatus) by the injured party to assist at court, one who might exercise a moral influence on the judge because of his osition or restige. This advocacy was termed patrocinium in cases where 8 e pakon oran enfranchised serf acted as such an advocate. The custom of appearing and speaking in behalf of the client became established among the advocates and patrons who knew the laws better, owing to their social position and the fact that they had more talent in leading cases before the courts. The personal relationship between patron an{ client involved in the patrocinivm is generally re arded as one of the basic legal institutions which underlies the later feudaf relation of lord and vassal. Cf. Davoud-Oghlou, op.cit., I, 439, n. 2, and DuCange, op.cit., V, 116. 40 THE BURGUNDIAN CODE 4. If anyone's pigs have done damage in a vineyard, in the meadows, in the tilled fields, or in the acorn-bearing forests, and the master of the pigs has been warned twice that he must guard his pigs, and he does not wish to, let him to whom they did the damage have the power to kill the best from the herd of pigs and turn it to his own use. 5. But if there is no contest (i.e.,the master has not been warned), and so the man damaged kills the pig, let him pay a solidusfor the pig, with the further provision that that which the pigs have destroyed will be compounded. XXIV OF BURGUNDIAN WOMEN ENTEF~NG A SECOND OR THIRD MARRIAGE . I. If any Burgundian woman, as is the custom, enters a second or third marriage after the death of her husband, and she has children by each husband, let her possess the marriage gift (donatio nuptialis) in usufruct while she lives; after her death, let what his father gave her be given to each son, with the further provision that the mother has the power neither of giving, selling, or transferring any of the things which she received in the marriage gift. 2. If by chance the woman has no children, after her death let her relatives receive half of whatever has come to her by way of marriage gift, and let the relatives of the dead husband who was the donor receive half. 3. But if perchance children shall have been born and they shall have died after the death of their father, we command that the inheritance of the husband or children belong whollyto the mother. Moreover, after the death of the mother, we decree that what she holds in usufruct by inheritance from her children shall belong to the legal heirs of her children. Also we command that she protect the property of her children dying intestate. 4. If any son has given his mother something by will or by gift...
OR
