Now under the Roman law there was no wergeld. And so in the Tit. II. of the Burgundian _Lex Romana_ the slayer, whether a freeman or slave, if captured outside a church was condemned to death. If the homicide was in defence of life it was to be referred to judicial decision according to the Novellæ of Theodosius and Valentinian. If the slayer had taken refuge in a church, _quia de preciis occisionum nihil evidenter lex Romana constituit_, the Burgundian lawgiver decreed that if a freeman by a freeman should be killed, and the slayer should flee to a church, he who confessed the homicide should be adjudged to be the slave of the heirs of the person killed, with half of his property, the other half to be left to the heirs of the slayer. After this follows a clause, also of Burgundian origin, fixing the payment by a freeman who has killed a ‘servus’ and fled to a church. The price is to be paid to the lord of the servus on the following scale: For an ‘Actor’ 100 solidi For a ‘Ministerialis’ 60 ” ploughman, or swineherd, or shepherd, and other ‘servi’ 30 ” goldsmith 100 ” smith (iron) 50 ” carpenter 40 ” ‘This by order of the King.’ [Sidenote: Under the Burgundian Law.] Now if from these clauses of the Lex Romana which relate to the Roman population, we turn to the Tit. II. of the Burgundian law proper of Gundebald ‘De homicidiis,’ we may gather what the old customary wergelds may have been, but at the same time recognise how strongly Roman law and ecclesiastical influence had led Gundebald to break through what to the Romanised conscience seemed to be the worst features of the system of tribal wergelds. [Sidenote: Original wergelds no longer adhered to. Homicide punished by death.] From Tit. II., ‘De homicidiis,’ it appears that the original wergelds were these: Optimatus nobilis 300 solidi Aliquis in populo mediocris 200 ” Minor persona 150 ” Pretium servi 30 ” These wergelds closely correspond with those of the Alamannic and Bavarian laws; but the first clause enacts that the homicide of a freeman by another, of whatsoever nation, shall only be compounded for by the slayer’s blood: thus overriding tribal usage and introducing the Roman law. The second clause enacts that if the homicide be in self-defence against violence, half the above-mentioned wergelds should be payable to the parentes of the slain. [Sidenote: Homicide by a slave.]