The following, however, we decree shall be observed, as being in accordance with the dictates of reason: that if the father or mother, grandfather or grandmother, should decide to bequeath, by any instrument in writing, any portion of the third part of their property, as aforesaid, to their children or grandchildren, in compliance with the laws governing inheritances, all such proceedings shall be forever inviolable; and whatever bequest concerning said property may be made, shall have full and uncontrovertible validity. Nor shall it be lawful for the child or grandchild who has received any of the said third part of the estate from their parents, to claim anything more, unless they should prove to be entitled to it by some former bequest of their parents or grandparents.
If those having children or grandchildren, should wish to bestow anything upon the Church, or upon freedmen, or upon anyone else, they shall have the right to dispose of the fifth part of what remains, after the said third part has been reserved. The authority of such persons to dispose of the said fifth part is indubitable; but, in such cases, either the third part of the property which is to be bequeathed to the children, or the fifth part which is to be otherwise disposed of, as aforesaid, must be separated from the remaining property, and a proper estimate made of the same. But whatever anyone has received through the generosity of the king, shall, under no circumstances, be included in the estimate of either the third or the fifth parts of the estate aforesaid; for, according to another law, whatever anyone has acquired through the royal bounty shall be absolutely at his disposal.
It has been already provided that children and grandchildren cannot be disinherited by their parents for any trifling offence. The grandfather and grandmother, as well as the father and mother, shall have the right to chastise and restrain their children and grandchildren, as long as they remain members of the family. And if a son or daughter, grandson or granddaughter, should attempt to inflict any serious injury upon their parents or grandparents; that is to say, if he or she should give any of them a blow with the fist; or a kick; or strike them with a stone, or with a scourge, or with a whip; or should insolently seize any of them by the foot, or by the hair, or even by the hand; or be guilty of any shameless assault upon them; or should publicly accuse them of crime; then, any child or grandchild convicted of such an offence, shall receive fifty lashes with the scourge, in the presence of the judge, and shall forfeit all claim to the inheritance of its grandparents or parents, should the latter so desire. But if, repenting of its conduct, it should implore the pardon of those whom it has offended; and, through the love of its parents, it should be again received into favor, and designated as an heir; it shall not be deprived of its inheritance, or be accounted infamous, on account of the punishment which it has received.
FLAVIUS CHINTASVINTUS, KING.
II. What Part of her Dowry a Woman has a Right to Bequeath.
For the reason that many women to whom the privilege was granted of disposing of their dowries as they pleased, have been found to have bestowed them upon persons with whom they were living illegally, to the injury of their children or grandchildren; therefore, we declare it to be both necessary and proper that those for the rearing of whom the marriage was celebrated, should receive some benefit from said property. In pursuance whereof we decree that, if any woman has children or grandchildren, and should wish to bestow a gift upon the Church, or upon freedmen, or upon any other person or persons; she shall not have the right to dispose of more than the fourth part of her dowry in this manner. Three fourths of it shall be left, without question, to her children or grandchildren, whether there be one, or many of them. On the other hand, a wife shall have full power to dispose of her entire dowry, in any way she pleases, when she leaves no legitimate children or grandchildren. Nevertheless, it shall not be lawful for any woman who has married two husbands, or more, to give the dowry she has received from one husband, to the children or grandchildren of another; but the children and grandchildren born in a certain line of descent shall, after the death of their mother, have the entire dowry given by their father or grandfather.
FLAVIUS CHINTASVINTUS, KING.
III. What Property Parents should Bestow upon their Children, at the Time of their Marriage.
Wherever wrong is done by parents to the interests of their children it must be remedied by law. Therefore, because the duplicity of parents sometimes prompts them to deprive their children of what they have given them at the time of their marriage, we hereby declare such acts to be void; and decree that the following law shall hereafter be observed forever, to wit: that if any property should be transferred to any person, either by writing, or in the presence of witnesses, at the time of his or her marriage, excepting such as is usually given in the way of ornaments or clothes, as a marriage gift, whether said property consists of slaves, lands, vineyards, buildings, clothing, or jewels, presented by the parents to the children, either at the time of the marriage, or after it, the said children shall have full power to dispose of such property as they wish, with this exception: that, after the death of their parents, the inheritance shall belong to the children exclusive of what said parents have previously given to them according to law, and an equal distribution of said inheritance shall be made among the heirs; so that a son or daughter shall have full power to dispose of what they received from their parents at the time of their marriage, according to the provisions aforesaid.
After the death of the parents, an inventory shall be made, and the property which was donated at the time of the marriage shall be appraised, and the other heirs shall receive an equivalent in value to the amount of said property; and all shall then share equally in the remainder of the estate of the parents.