LV
BOOK OF CONSTITUTIONS 63 quiet to the possessors be suppressed by this law, with the result that, just as concerning forests, so also concerning clearings made either heretofore or at the present time, the Roman possessors shall have a share with the Burgundians, for, as was established previously , we order half of the forests in general to belong to the Romans; likewise concerning courtyards and orchards, let this condition be followed among the faramanni, that is, that the Romans may lay claim to take half the pr~perty.~ 3. But if anyone exceeds the established provisions of this law and is not reprimanded and punished by you, do not doubt that the fervor of our wrath will be aroused to your peril. 1. Inasmuch as it has been established under certain penalty that no barbarian should dare to involve himself in a suit which a Roman has brought against another Roman, we advocate a stricter handling of these cases, and command that the law remain just as we ordered it established in earlier times. 2. As often as cases arise between two Romans concerning the boundaries of fields which are possessed by barbarians through is opposed to the Romans; hence the faramanni were those to whom hospitality had been assigned, that is, they were heads of families (DuCange, op. cit., 111, 204-5). This latter is the explanation accepted also by Dahn. Faramanni is a Burgundian and Lombard word compounded out of Fara (Geschlecht, Sippe), and Alarm, i.e., the faramanni were Sippe-Haupter, Hausuater, the heads of households who held land. This would explain faramanni as simply those Burgundians who held land as opposed to the original Roman possessors . Cf. Felix Dahn, Die Konige der Germanen, X I , 62-63. Cf. Lex Langobardorum , Rotharis leges, 117, and Lex Anglo-Saxonum, Aethelstanes domas, Concilium Exoniense, Preface ( Davoud-Oghlou, op. cit., 11, 21-22, 511). The phrase "the Romans may lay claim to take half the property" is an attempt to translate the phrase ut medietatein Romani estiment praesumendam . Beyerle avoids the difficulty by taking the phrase as ut de medietate Romani nihil estin~entpraesumendam ( A 4, B 2-10) which would render a translation something like "they shall not lay claim to the half belonging to the Roman." Cf. Beyerle, op. cit., p. 86; DeSalis, op, cit., p. 89. 'Cf. XXII. 64 THE BURGUNDIAN CODE the law of hospitality, let the guests of the contestants not be involved in the quarrel, but let them await the outcome between the Romans contending in judgment. And the guest of the victor shall have a share of the property obtained as a result of his success. 3. But if any barbarian involves himself in a litigation of this kind and is defeated, let him pay a fine of twelve solidi for holding this law in contempt. 4. But if a Roman presumes to ,engagehim who is his guest in litigation, we order both to pay twelve solidi, and the case to be settled by Roman law. 5. But if a contention has been raised concerning the boundaries of a field which a barbarian has received intact with slaves by public gift, it is permitted him to settle the case by Roman law whether it is brought against him or he himself has instigated it. 6. Further, if a native freeman presumes to remove or destroy a boundary marker, let him be condemned to the loss of a hand. If a slave has done this, let him be killed. 7. If indeed a native freeman wishes to redeem (avert) this mutilating punishment, let him pay half his wergeld. LVI 1. If anyone buys back another's slave ia Alamannia, either let his master pay his price (wergeld) or let him who redeems him have the slave; furthermore we order this to be observed henceforth from the present time. 2. Also if a native freeman has been redeemed at his own request, let him return his price (wergeld) to the buyer. LVII A freedman of a Burgundian who has not given his master twelve solidi as is the custom so that he may have the privilege of ...
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