LXXIV
70 THE BURGUNDIAN CODE or killed or injured because of fear (of the scindoZu),l let it be in the power of the owner of the animal to decide whether he wishes to receive it back together with another, or if he does not want to take back his own, let him give an estimate of its value, and we order that two such horses be given to the owner by him who, contrary to our order, presumes to do such things; we order that freemen be held liable for punishment in accordance with this law. 2. Moreover, if a slave presumes to do this, let him receive two hundred blows, and let it be in the power of the owner of the horse to take back the horse if he wishes.~ut if the animal is displeasing to him (i.e., if the owner does not wish to take back his horse), observe the rule as has been stated concerning the punishment of a slave, and let the master of the slave be compelled to return a horse of the same value to him who owned the injured horse. Likewise let it be observed in the case of a mare. 3. In the case of a horse whose tail has been clipped, let a similar punishment be imposed. 1. Indeed it has been established in general in a law stated in earlier times that if a woman whose husband has died childless 1 This law is an example of what seems to ha+e been a fairly common practice with the lawmakers of the C ~ d e : the offense itself is stated in the title of the law only, while the body of the law deals with the punishment to be imposed and certain modifications. This law seems to say that if anyone finds an animal in his field and if, in order to scare it off or to obtain revenge upon its master for allowing it to stray, he ties bones or sticks to its tail in such a mar.ner that it disconcerts or frightens the animal so that it runs wildly about and is injured or killed, then he who was guilty of tying the sticks to the animal 's tail must return that animal together with another like it to its master, or if the animal is so injured that the master does not wish to receive it back, then the guilty party must return two like animals to the master. This law seems very barbarous in comparison with the bulk of the laws contained in the Code, but it does not seem to be out of keeping with such laws as XCVII and XCVIII. Moreover, since it seems unlikely that the Burgundians could have adopted such a completely Romanized life as is portrayed in the major portion of the laws in such a short time as they had been within the Empire, it may be that these more "primitive" laws give us a more accurate picture of Burgundian society as it actually was than the more sophisticated RomanLike laws. BOOK OF CONSTITUTIONS 71 does not enter into a second marriage, she may claim a third of his inheritance for her own use throughout her lifetime l; but now after considering more carefully with the nobles (obtimates) of our people all these mattersset forth under this same title, it pleases us to limit the general application of the above-mentioned law. Wherefore we order that any such widow, concerning whom we speak, may receive a portion of the inheritance of her husband if she has not already obtained property from her father or mother, or if her husband has not given her any portion of his property by means of which she can live. 2. If any woman whose husband has died does not take vows to a second husband, or does not wish her sons, now grown, to live with her, she may accordingly divide the property of the dead husband with them. If she has one son only, let her obtain the above-mentioned third; if there are two or three or four or more sons, let her receive a fourth part; nevertheless after her death, let the property return to the sons. 3. If anyone enters a second marriage after the death of his first wife by whom he had children, and has children also by this second wife, and if he then dies, the rule should be observed that his widow...
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