XLI
50 THE BURGUNDIAN CODE 2. If indeed the force of the wind takes the fire to another's fence or field, let restitution for the damage which has been suffered not be sought from him who started the fire. XLII OF THE INHERITANCE OF THOSE WHO DIE WITHOUT CHILDREN . 1. Although we have ordered many things in former laws concerning the inheritance of those who die without children, nevertheless after considering the matter thoroughly, we perceive it to be just that some of those things which were ordered before should be corrected. Therefore we decree in the present constitution that if a woman whose husband has died without children has not taken her vows a second time, let her possess securely a third of all the property of her husband to the day of her death; with the further provision that after her death, all will revert to the legitimate heirs of her husband. 2. Let that remain in effect which has been stated previously concerning the morning gift (morgengeba,morginegi~a).~ For if she wishes to marry within a year from the time of the death of her first husband, let her have full right to do so, but let her give up that third part of the property which she had been permitted to possess . However, if she wishes to take a husband after a year or two have passed, let her give up all as has been stated above which she Cf. XIV, 2. The word pretium is used to express the idea of a price or wergeld of the woman, but it also refers to the present made at the time of the marriage. Title XLII, 2, apparently defines the morgengaba as pretium quod de nuptiis infe~endum est. This definition of pretium in the law seems to indicate that pretium uxoris, pretium de nuptiis, morgengaba,and donatio nuptialis designate the same general idea. However there are concrete distinctions: the morgengaba designates the resent made the day after the wedding night; pretium uroris is probably tfe price or wergeld of the woman; the donatia nuptialis is a present which is made at the occasion of the wedding by the parents of the husband to the woman, and by her parents to the husband; the pretium de nuptiis seems to be a general expression which includes the wittimon, donatio, and morgengaba.The wittimon is a payment made by the husband to the father of the bride and may correspond to the pretium uxoris or nuptiale pretium. For pretium nuptiale,see XII, 4; LII, 3; LXI; for donatio nuptialis, see XXIV, 1, 2; for morgengaba, see XLII, 2; for wittimon, see LXIX; LXXXVI, 2; and CI. Cf. Davoud-Oghlou, op. cit., I, 430, n.2. 50 THE BURGUNDIAN CODE 2. If indeed the force of the wind takes the fire to another's fence or field, let restitution for the damage which has been suffered not be sought from him who started the fire. XLII OF THE INHERITANCE OF THOSE WHO DIE WITHOUT CHILDREN . 1. Although we have ordered many things in former laws concerning the inheritance of those who die without children, nevertheless after considering the matter thoroughly, we perceive it to be just that some of those things which were ordered before should be corrected. Therefore we decree in the present constitution that if a woman whose husband has died without children has not taken her vows a second time, let her possess securely a third of all the property of her husband to the day of her death; with the further provision that after her death, all will revert to the legitimate heirs of her husband. 2. Let that remain in effect which has been stated previously concerning the morning gift (morgengeba,morginegi~a).~ For if she wishes to marry within a year from the time of the death of her first husband, let her have full right to do so, but let her give up that third part of the property which she had been permitted to possess . However, if she wishes to take a husband after a year or two have passed, let her give up all as has been stated above which she Cf. XIV, 2. The word pretium is used to express the idea of a price or wergeld of the woman, but it also refers to the present made at the time of the marriage. Title XLII, 2, apparently defines the morgengaba as pretium quod de nuptiis infe~endum est...
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