XLII
BOOK OF CONSTITUTIONS 51 received from her first husband, and let the heirs in whose portion the inheritance of her former husband belongs receive the price which must be paid for her (second) marriage. Given in council at AmbQieu, September 3rd (Sol), Abienus uir clurissimus being consul. XLIII OF GIFTS. 1. Although our law prescribes many things concerning gifts set forth in earlier times, nevertheless because some things arise under the same heading concerning which the law is riot clearly established , it is necessary that by the addition of the present law those things be defined which were formerly omitted. And therefore in this decree gifts and wills made among our people become valid provided five or seven witnesses to the gift or will append their marks and signatures so far as they are able. 2. But if a lesser number of witnesses is proved to have been present, let the gift which has been made, or the will which has been devised, be invalid. 3. Indeed in other instances, that is in lesser matters, we order three appropriate witnessesto be admitted. 4. And in other matters concerning wills and e t s , let the procedure established above be observed. XLIV 1. If the daughter of any native Burgundian before she is given in marriage unites herself secretly and disgracefully in adultery with either barbarian or Roman, and if afterward she brings a complaint , and the act is established as charged, let him who has been accused of her corruption, and as has been said, is convicted with certain proof, suffer no defamation of character (calumnia) upon payment of fifteen solidi. She indeed, defeated in her purpose by the vileness of her conduct, shall sustain the disgrace of lost chastity. 2. But if a widow who has not been sought, but rather overcome BOOK OF CONSTITUTIONS 51 received from her first husband, and let the heirs in whose portion the inheritance of her former husband belongs receive the price which must be paid for her (second) marriage. Given in council at AmbQieu, September 3rd (Sol), Abienus uir clurissimus being consul. XLIII OF GIFTS. 1. Although our law prescribes many things concerning gifts set forth in earlier times, nevertheless because some things arise under the same heading concerning which the law is riot clearly established , it is necessary that by the addition of the present law those things be defined which were formerly omitted. And therefore in this decree gifts and wills made among our people become valid provided five or seven witnesses to the gift or will append their marks and signatures so far as they are able. 2. But if a lesser number of witnesses is proved to have been present, let the gift which has been made, or the will which has been devised, be invalid. 3. Indeed in other instances, that is in lesser matters, we order three appropriate witnessesto be admitted. 4. And in other matters concerning wills and e t s , let the procedure established above be observed. XLIV 1. If the daughter of any native Burgundian before she is given in marriage unites herself secretly and disgracefully in adultery with either barbarian or Roman, and if afterward she brings a complaint , and the act is established as charged, let him who has been accused of her corruption, and as has been said, is convicted with certain proof, suffer no defamation of character (calumnia) upon payment of fifteen solidi. She indeed, defeated in her purpose by the vileness of her conduct, shall sustain the disgrace of lost chastity. 2. But if a widow who has not been sought, but rather overcome ...
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