XXXIX
BOOK OF CONSTITUTIONS 49 let the master support by oaths that he had no knowledge of the hiding place of the fugitive. 4. Thirdly, let the same condition be observed in the case of a bondservant as with captives, to the end that he to whom he came may not conceal him, but immediately take action to restore him to his master. But if he does not do this, let him restore the bondservant whom he had withheld to the detriment of his master with a double wergeld payment to the master. 5. But if a slave, unknown to his master, is convicted in the retention of a bondservant, let him receive two hundred blows. 1. If any Burgundian gives his liberty to a bondservant under his juri~diction,~ and if upon the occasion of a slight offense he thinks the servant ought to be recalled into servitude, let the manumitter know that he is denied this privilege by the present law; nor can the manumitter recall him to his original condition, unless by chance he has been convicted before a judge of having committed such acts to the loss and disgrace of his manumitter that he should deservedly losethe liberty conferred on him. Further, we order that the right (pontificiztm) of this action be permitted to manurnitters only in the case of their own freedmen. 2. Let the heirs of him by whom the bondservant has been freed know that in any lawsuit whatsoever the freedman of their father must be regarded as a freeman. 1. If anyone makes a h e in a clearing, and the fire, with no wind driving it, runs over the land and comes to another's fence or field, let whatever has been burned by it be replaced by him who started the fire. 1Beyerle, op.cit., 61,suggests the translation, "If any Burgundian gives the freedom of his trigall a w to a bondservant, and if . . . " 2 Cf. DuCange, op. dt.,V,347. BOOK OF CONSTITUTIONS 49 let the master support by oaths that he had no knowledge of the hiding place of the fugitive. 4. Thirdly, let the same condition be observed in the case of a bondservant as with captives, to the end that he to whom he came may not conceal him, but immediately take action to restore him to his master. But if he does not do this, let him restore the bondservant whom he had withheld to the detriment of his master with a double wergeld payment to the master. 5. But if a slave, unknown to his master, is convicted in the retention of a bondservant, let him receive two hundred blows. 1. If any Burgundian gives his liberty to a bondservant under his juri~diction,~ and if upon the occasion of a slight offense he thinks the servant ought to be recalled into servitude, let the manumitter know that he is denied this privilege by the present law; nor can the manumitter recall him to his original condition, unless by chance he has been convicted before a judge of having committed such acts to the loss and disgrace of his manumitter that he should deservedly losethe liberty conferred on him. Further, we order that the right (pontificiztm) of this action be permitted to manurnitters only in the case of their own freedmen. 2. Let the heirs of him by whom the bondservant has been freed know that in any lawsuit whatsoever the freedman of their father must be regarded as a freeman. 1. If anyone makes a h e in a clearing, and the fire, with no wind driving it, runs over the land and comes to another's fence or field, let whatever has been burned by it be replaced by him who started the fire. 1Beyerle, op.cit., 61,suggests the translation, "If any Burgundian gives the freedom of his trigall a w to a bondservant, and if . . . " 2 Cf. DuCange, op. dt.,V,347. ...
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