[Iustiniani Institutiones]

n "Affection." As regards affection, thus it is legal, original: "iur·l" by the act of law, and it is completed by the separation of the law, both ancient and modern, as the law permits, as in the Code, on the republic, original: "de repu·" in sense, and in the Authentics, 8, § si g? or in the Authentics, as it is permitted by the master original: "ma·ā" the auditeur original: "autie·" § that truly, col. 8. But is it that anyone has this affection for a concubine? Certainly not; and therefore you should add to this definition of divine and human law the communion, as in the Digest, on the rite of marriage, law i, original: "Diuini·" since they ought to be of the same sect, as in the Code, on the Jews, lest anyone. Human: as the forum follows the man, the woman, as in the Digest, to the municipalities, law f, § n, § made to her, § concubine or others, less intimate with the woman, as in the Digest, to the municipalities, law final, law, § final, law i? concubinate is permitted, as in the Digest, on concubines, law i, in concubinate, in the end, nor is there an objection regarding mother to son, since there is not such a custom there as toward a wife, as in the title above, § and in the Authentics, how, original: "quō op·e·f̅·i·col·i·a·§· q̅nta" as there, Digest, on solemnities, Accursius.
o "Another's slave." Truly, he who kills another's slave... meta: continues from previous page's marginalia.
p "But also greater," i.e., great, or greater than what is fair.
q "Consulted," i.e., asked.
r "Holy," to which places they once and today flee.
s "Be forced." Note here that someone is forced, as for the law which consists in seven. Seventh, because by the necessity of hunger he can sell or pledge, as in the Code, on the father, who son of the deceased, law n. Second, because he cannot be called to law by him, as in the Code, on the minor, law final. Third, because we cannot have a trial by pleading with them, as in the Digest, on judgments, law the lawsuit. Fourth, because through him we acquire, as in title below, by what persons, note 1, in the memory, because in a trial against another without permission he cannot be, as in the Code, on the goods, which, law final, § i. Sixth, because against his will we administer his goods, as in title below, by what persons, § i. Some, however, said that they are provided sustenance in turn by law, which is false, since in emancipated ones it is not, as in the Digest, on children to be recognized, law final, if anyone by the children in the present. Item.

We have those. Therefore, those who are born of you and your wife are in your power. Likewise, that which is born of your son and his wife, that is, your grandson and granddaughter, who are in your power, or great-grandson or great-granddaughter, and others henceforth. However, those who are born of your daughter will not be in your power, but in that of their fathers.

On Marriages.

Romans consider those marriages justae nuptiae lawful marriages which are contracted according to the precepts of the laws. Males, indeed, who are pubescent, and females who are of age, whether they are heads of families or sons of families, provided that if they are sons of families, they have the consent of the parents in whose power they are. For both civil and natural reason persuades that this ought to be done, to such an extent that the command of the parent ought to precede. Hence, when it was asked whether the daughter of a madman could marry, or the son of a madman could take a wife, and there was much variation regarding the son, our decision was issued, by which it is permitted, following the example...

of the daughter of a madman, that the son of a madman also may, and without the intervention of the father, can join himself in matrimony according to the measure given by our constitution. Therefore, it is not permitted for us to take all women as wives. For one must abstain from the marriages of certain ones; for marriages cannot be contracted between those persons who occupy the place of parents and children among themselves, such as between father and daughter, or grandfather and granddaughter, or mother and son, or grandmother and grandson, and so on to infinity. And if such persons have joined together, they are said to have contracted nefarious and incestuous marriages. And these things are so true that, even if they have begun to be in the place of parents or children through adoption, they cannot be joined in matrimony among themselves, to the extent that even if the adoption is dissolved, the same rule of law remains. Therefore, you will not be able to take as your wife her who has begun to be your daughter or granddaughter through adoption, even if you have emancipated her.

r "From wife," another is from a concubine, as in the title below, § final, law incestuous? coitus born, as in the Authentics, on the manner of monks, col. 3, § final.
s "In your power," of your own right, not another's, as in the Digest, to the Julian law, on adultery, law final, thus it will happen.
t "Will not be," since they are born of the family of the woman, as in the title below, on children to be recognized, § i. And in this it follows the condition of the father, as in the Digest, on the status of men, law with the lowest.
v "On marriages, § Lawful." Citizens, i.e., free men, as above, on children, § final. Therefore, they do not make a marriage but a contubernium cohabitation of slaves, as well and in the Code, above, on incestuous marriages, with maidservants, and in the Authentics, on marriages, § if truly from the beginning, col. 4, § another is by the canons, which prevails, as in the Authentics, on the church, title, § i, col. 9, where it is noted that the canons hold power as laws.
x Above, on children, § if.
y "Precepts," which are in the code, throughout, as we collect in the great gloss, below, in title, § are, and there are other acts.
f "Pubescent," i.e., over fourteen years, as below, on the manner of guardianship, final, in the present.
z "Capable," i.e., over twelve years, as below, on those who are in the manner of guardianship, final, i, R, § if in betrothals, seven years are sufficient, as in the Digest, § betrothals, law i, in betrothals. But is it that today they are not necessary for marriage, as in the Authentics, on time not counted, etc., § born?, col. 7, R, n?, between that custom and frequency, of men, it is placed. Item, that if someone before that time is found sufficient for marriage, it is seen that he can marry, as in the Digest, when, law almost, as if using a happy diploma, as in the Digest, on the valid obligation, § when thus, § this today, first, law Julian, on adultery and rape, omitted, he can be punished, as in the Digest, § adultery, among children, i, R, and for this, in the Digest, on concubines, law i, § if, final. This, however, de facto, if someone has taken a wife within the said time, then she will be a wife when she has arrived at the aforesaid age.