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BOOK OF CONSTITUTIONS 79 2. But if indeed there is no mother, then the nearest relative shall assume the property of the minor under the condition that to the degree that his own property is increased, the property of the minor should also be increased to his advantage; nor is it permitted to waste or alienate any of it. 3. If indeed anyone presumes to take any of the property of minors, as has been said, let him return it in simple from his own property; also if a minor party is involved in a suit, let that person answer who has his wardship. 1. If a father leaves daughters, and while living, wishes to give the marriage ornaments (malahereda), let him give to whom he pleases, with the consequence that no one may seek their return to his daughters. 2. If the father shall have asked that the marriage portion (wittimon) not be sought, let his wish be disregarded; but, as a former law has stated, let the nearest relative receive it l; with the further provision that the girl will obtain a third part of the ornaments (of the marriage portion) which the relative has received. LXXXVII 1. We believe that the following provision should be made concerning the age of minors (for their protection), that they shall are sui juris. "Its intention is to give to persons otherwise capable of le a1 acts, but of weak age or sex, protection from the consequences of acts %y which they would, but for such protection, be bound. Persons alieni juris, a slave, a son or a daughter, are essentially incapable of legal acts binding on themselves, and the notion of protection in their exercise becomes absurd. Thus the conditions under which these two relations exist are mutually exclusive ." J. L. Strachan-Davidson, Problems of the Roman Criminal Law, I , 33. 1 Perhaps this means that if a father, before his death, requests that his heirs not seek a wittimon in case of the marriage of one of his dau hters, that that request should be ignored and the provisions of LXYI-that tfe relatives should receive two-thirds of it and the girl one-third as her marriage portion -be followed. 80 THE BURGUNDIAN CODE not be permitted to have the liberty of making sales or bequests beforefifteenyears of age. And if they have been cheated because of their infancy, let none of it be valid. Thus what they have done before the fifteenth year of age, they may have the power of retracting within another fifteenyears if they wish. 2. But if they have not retracted it within the stated time, let it be permanent and remain valid. Since the title of emancipation takes precedence over the law of possession, great care must be exercised in such matters. And therefore it should be observed, that if anyone wishes to manumit a slave, he may do so by giving him his liberty through a legally competent document; or if anyone wishes to give freedom to a bondservant without a written document, let the manumission thus conferred be confirmed with the witness of not less than five or seven native freemen, because it is not fitting to present a smaller number of witnesses than is required when the manumissionis in writtenform. CONTINUATION OF THE BOOK OF CONSTITUTIONS 1. Inasmuch as we are concerned with the pursuit and useful purpose of agriculture, a general complaint has been brought to us not only regarding our lands, but also the lands of other proprietors , charging that vineyards are guarded in many places with such negligencethat they are ruined constantly by cattle and other animals. As a result, either the vines themselves are torn and cut off by grazing animals or, trodden and broken from the ground itself, they are pulled up by the roots, whence the edict of our fatherof gloriousmemory was issued in former times regarding the killing of each and every such animal or rendering compensation therefor. However, we recognize that this has not been observed owing to the negligence of all. ...

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