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58 THE BURGUNDIAN CODE knowledge, let the slave die after he has been presented to the judge. Furthermore, let his master be compelled to pay the entire wergeld of the man killed, and in addition let him be compelled to pay a fine of twelve solidi. 5. Also if anyone who has been injured by blows or wounds kills one of our agents (stewards) or the agent (steward) of a private individual, and this is clearly proved, let that form of satisfaction be observed which earlier statutes have ordered. 1. Although these things have been observed from of old among our people, that a father should divide his property equally by law among his sons, nevertheless we have ordered in a law established now for a long time that this practice be observed, and we have added this useful counsel to fathers that a father should have freedom to do what he wishes with that which belongs to his own portion. But because in a recent controversy it became clear that a certain Athila had passed over the provisions of the old enactments and displayed insubordination to these most useful precepts of law and had not given his son the portion due to him but had transferred his property to other persons through illegal written title since he had wished nothing therefrom to belong to his son, and that no one may follow a bad example in this manner, we order that what he has done contrary to law shall have no legal force, and we add that all his property shall be possessed by his son. It is also the purpose of our judgment to cut off the disobedience of the transgressor, so that the justice of the general precept will be inscribed in the laws and retained. On this account we have ordered in matters of this sort that the law be observed which was promulgated long ago to the effect that any man who will not hand over portions of his property legally belonging to his sons may do nothing adverse or prejudicial to them in writing, and if he does so, it shall be invalid. 2. Nevertheless, it is pleasing that this rule be defined thus with BOOK OF CONSTITUTIONS 59 the force of law, that a son shall have full power of doing what he wishes with the portion he receives,with the further provision that if he dies without heirs and the decrees of fate permit his father to survive, and if he has made no gift from the property legally belonging to him during his lifetime and left no will, then his father may claim the succession to these portions in question. However, the father shall have no power of alienating them and when he has died the property of their dead brother will pass to the remaining sons. 3. The mother's ornaments and vestments belong to the daughters without any right to share on the part of the brother or brothers; further, let this legal principle be observed concerning those ornaments and vestments in the case of girls whose mothers die intestate. But if the mother shall have made any disposal of her own ornaments and vestments, there shall be no cause for action thereafter. 4. But if an unmarried girl who has sisters dies, and she has not declared her wish in writing or in the presence of witnesses, let her portion after her death belong to her sisters and, as has been stated, let her brothers have no share therein. 5. However if the girl dies and does not have a blood sister, and no clear disposition has been made concerning her property, let her brothers become her heirs. LII OF B ~ O T H E D WOMEN WHO, INCITED BY Dmm, GO TO CONSORT WlTH O T H E R S . 1. Howsoever often such cases arise concerning which none of the preceding laws have established provisions, it is fitting that the ambiguity of the matter be removed so that the judgment set forth shall receive the strength of perpetual law, and the special case shall have general application. 2. Since the deserts of a criminal case which is pending between Fredegisil, our sword-bearer on the one side, and Balthamodus together with Aunegild on the other, have been heard and considered , we give an opinion which punishes this recent crime and imposes a method of restraint for the future. ...
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