XCIX
BOOK OF CONSTITUTIONS XCIX 1. If anyone has bought a bondservant, or field, or vineyard, or landsite and house built in any place, we order that if it has not been confirmed in writing or witnessed, he shall lose his payment; that is, provided that the writing has not been subscribed and sealed by seven or five witnesses dwelling in that place. 2. Indeed, if five witnesses are not found to be present, we order that it be signed by three suitable witnesses of blameless reputation from those dwelling in that place; but, if this is not done, we order the document to be invalid. If any woman, Burgundian or Roman, gives herself voluntarily in marriage to a husband, we order that the husband have the property of that woman; just as he has power over her, so also over her property and all her possessions. OF THE MARRUGE PRICE (Wittimon). 1. If any Burgundian of the highest (optims) or middle class (mediocris)' unites with the daughter of another (probably of the same class) without her father's consent, we order that such a noble make a triple payment of one hundred fifty solidi to the father whose daughter he took, if he took her without stating his 1 Here a ain the text seems faulty. As it stands the law seems to rank the highest and middle classes together into an up er class #asopposed to the lower class or the leudes. The difEculty is that tfe wergeld quoted is that of a mediocris persona, accordin to 11, 2. However, the wergeld of the lowest class here called leudes (in If 2, called minaes persotwe) also differs from forty-five to seventy-five solidi. Beyerle substitutes a text which would read: "If any Burgundian noble unites with the daughter of another noble without her father's consent, we order that noble, whoever he may be, to make a tri le payment of one hundred fifty solidi to the father with whose daughter%e united without declaring his intentions or seeking his consent." Cf. Beyerle, op.cit., p. 126, and DeSalis, op. cit., p. 114. ...
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