LX
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. 66 THE BURGUNDIAN CODE confirmed by legal written documents, or at any rate, let what he wishes to bestow or give obtain validity from the witness of five native freemen, and let the property be transferred to the jurisdiction of him to whom it has been granted. 3. If a sufficient number of native freemen is not present, we permit freedmen to render testimony. And among the native freemen, it is fitting that a number of our (royal) slaves be admitted (to give testimony), provided that witnesses are pledged (bound) by the hand (manus)of him who wishes to give or transfer anything, or if a question is raised regarding the trustworthiness of a witness, according to the custom of the barbarians, let him take oath. LXI OF WOMEN WHO WILLINGLY SEEK UNION WITH A MAN.] Whatever woman, barbarian by nation, enters into union with a man willingly and secretly, let her wedding price be paid in fee simple to her relatives; and he to whom she has been joined in an adulterous union may be united afterward in marriage to another if he wishes. LXII OF ONLY SONS. 1. Let an only son, if his father is dead, leave a third part of his property for the use of his mother, provided nevertheless she does not take another husband; for if she enters another marriage, let her lose all. 2. Nevertheless, let her use her wedding gift (dos) l which she received from her husband, as long as she lives, and let the ownership be reserved for the son. Given on the tenth day of June, in the second year of our lord the king (517). 1 C f .XII, 3. 1 Cf. LXVI. ...
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