Burgundian Code
...ver, let the amount of the fine be twelve solidi. If anyone kills another's slave, Roman or barbarian, either ploughman or swineherd, let him pay thirty solidi. Whoever kills a skilled goldsmith, let him pay two hundred solidi. Whoever kills a silversmith, let him pay one hundred solidi. Whoever kills a blacksmith, let him pay fifty solidi. Whoever kills a carpenter, let him pay forty solidi. On the Stealing of Girls If anyone shall steal a girl, let him be compelled to pay the price set for such a girl ninefold, and let him pay a fine to the amount of twelve solidi. If a girl who has been seized returns uncorrupted to her parents, let the abductor compensate six times the wergild of the girl; moreover, let the fine be set at twelve solidi. But if the abductor does not have the means to make the above-mentioned payment, let him be given over to the parents of the girl that they may have the power of doing to him whatever they choose. If indeed, the girl seeks the man of her own will and comes to his house, and he has intercourse with her, let him pay her marriage price threefold; if moreover, she returns uncorrupted to her home, let her return with all blame removed from him. If indeed a Roman girl, without the consent or knowledge of her parents, unites in marriage with a Burgundian, let her know she will have none of the property of her parents. Of Knocking Out Teeth If anyone by chance strikes out the teeth of a Burgundian of the highest class, or of a Roman noble, let him be compelled to pay fifteen solidi. For middle-class freeborn people, either Burgundian or Roman, if a tooth is knocked out, let composition be made in the sum of ten solidi. For persons of the lowest class, five solidi. If a slave voluntarily strikes out the tooth of a native freeman, let him be condemned to have a hand cut off; if the loss which has been set forth above has been committed by accident, let him pay the price for the tooth according to the status of the person. If any native freeman strikes out the tooth of a freedman, let him pay three solidi. If he strikes out the tooth of another's slave, let him pay two solidi to him to whom the slave belongs. Of Injuries Which Are Suffered by Women If any native freewoman has her hair cut off and is humiliated without cause (when innocent) by any native freeman in her home or on the road, and this can be proved with witnesses, let the doer of the deed pay her twelve solidi, and let the amount of the fine be twelve solidi. If this was done to a freedwoman, let him pay her six solidi. If this was done to a maidservant, let him pay her three solidi, and let the amount of the fine be three solidi. If this injury (shame, disgrace) is inflicted by a slave on a native freewoman, let him receive two hundred blows; if a freedwoman, let him receive a hundred blows; if a maidservant, let him receive seventy-five blows. If indeed the woman whose injury we have ordered to be punished in this manner commits fornication voluntarily (i.e., she yields), let nothing be sought for the injury suffered. Of Divorces If any woman leaves (puts aside) her husband to whom she is legally married, let her be smothered in mire. If anyone wishes to put away his wife without cause, let him give her another payment such as he gave for her marriage price, and let the amount of the fine be twelve solidi. If by chance a man wishes to put away his wife, and is able to prove one of these three crimes against her, that is, adultery, witchcraft, or violation of graves, let him have full right to put her away: and let the judge pronounce the sentence of law against her, just as should be done against criminals. But if she admits none of these three crimes, let no man be permitted to put away his wife for any other crime. But if he chooses, he may go away from the home, leaving all household property behind, and his wife with their children may possess the property of her husband. Justinian Code The Institutes, 535 AD I. Justice and Law. JUSTICE is the constant and perpetual wish to render every one his due. 1. Jurisprudence is the knowledge of things divine and human; the science of the just and the unjust. 2. Having explained these general terms, we think we shall commence our exposition of the law of the Roman people most advantageously, if we pursue at first a plain and easy path, and then proceed to explain particular details with the utmost care and exactness. For, if at the outset we overload the mind of the student, while yet new to the subject and unable to bear much, with a multitude and variety of topics, one of two things will happen---we shall either cause him wholly to abandon his studies, or, after great toil, and often after great distrust to himself (the most frequent stumbling block in the way of youth), we shall at last conduct him to the point, to which, if he had been led by an easier road, he might, without great labor, and without any distrust of his own powers, have been sooner conducted. 3. The maxims of law are these: to live honesty, to hurt no one, to give every one his due. 4. The study of law is divided into two branches; that of public and that of private law. Public law regards the government of the Roman empire; private law, the interest of the individuals. We are now to treat of the latter, which is composed of three elements, and consists of precepts belonging to the natural law, to the law of nations, and to the civil law. Institutes X. Marriage. Roman citizens are bound together in lawful matrimony when they are united according to law, the males having attained the age of puberty, and the females a marriageable age, whether they are fathers or sons of a family; but, of the latter, they must first obtain the consent of their parents, in whose power they are. For both natural reason and the law require this consent; so much so, indeed, that it ought to precede the marriage. Hence the question has arisen, whether the daughter of a madman could be married, or his son marry? And as opinions were divided as to the son, we decided that as the daughter of a madman might, so may the son of a madman marry without the intervention of the father, according to the mode established by our constitutio. 1. We may not marry every woman without distinction; for with some, marriage is forbidden. Marriage cannot be contracted between persons standing to each other in the relation of ascendant and descendant, as between a father and daughter, a grandfather and his granddaughter, a mother and her son, a grandmother and her grandson; and so on, ad infinitum. And, if such persons unite together, they only contract a criminal and incestuous marriage; so much so, that ascendants and descendants, who are only so by adoption, cannot intermarry; and even after the adoption is dissolved, the prohibition remains. You cannot, therefore, marry a woman who has been either your daughter or granddaughter by adoption, although you may have emancipated her. 2. There are also restrictions, though not so extensive, on marriage between collateral relations. A brother and sister are forbidden to marry, whether they are the children of the same father and mother, or of one of the two only. And, if a woman becomes your sister by adoption, you certainly cannot marry; but, if the adoption is destroyed by emancipation, you may marry her; as you may also, if you yourself are emancipated. Hence it follows, that if a man would adopt his son-in-law, he ought first to emancipate his daughter; and if he would adopt his daughter-in-law, he ought previously to emancipate his son. 3. A man may not marry the daughter of a brother, or a sister, nor the granddaughter, although she is in the fourth degree. For when we may not marry the daughter of any person, neither may we marry the granddaughter. But there does not appear to be any impediment to marrying the daughter of a woman whom your father has adopted; for she is no relation to you, either by natural or civil law. 4. The children of two bro...