LVIII
BOOK OF CONSTITUTIONS 65 departing whither he wishes, and who has not received his third from the Romans (i.e., from the Roman property owners) must be treated as a member of his master's household. LVIII If anyone kills a dog without any apparent cause, let him give a solidusto him to whom the dog belonged. LIX If the father is dead, let a grandchild with all his possessions be given over to the supervision and care of the grandfather if his mother has decided upon a second marriage. Moreover,if she fails to remarry because she has chosen chastity, let her children with all their property remain in her care (custody) and power. 1. Since the ancient custom is often neglected in various legal matters, it is necessary that consideration be taken for future times through a new law. And because we h o w some barbarians are willing, with two or three witnesses present, to take possession of property in the name of gift or inheritance contrary to the ancient custom, we have first corrected their presumption by the present law, decreeing that property is not validly transmitted by means of so few witnesses (i.e., that a matter confirmed by so few witnesses is invalid). 2. Moreover, if hereafter any barbarian wishes to make a will (testari) or gift (donare), either the Roman or the barbarian custom must be observed if he wishes his action to have any validity, that is, either let what he wishes to give to anyone be 1 Cf. DeSalis, op. cit., p. 91, n. 3, for tertram. Evident1 "third"refers to a third portion of the land. Perhaps this is the amount w&ch the s stem of hospitality observed among the Burgundians would assign to a fre&an. ...
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