[Iustiniani Institutiones]

marginalia translated in order: on rite of marriage, law minor, Accursius; of parents, that is, those who are of their own right of whatever age they may be, thus also sons of families, if sons and daughters of families who are in power of whatever age they are, as in the Digest, on those who are of their own right, law for whom; In power, therefore of emancipated ones, the same seems, as in the Code, where it is said that that is a counsel, not a command, unless perhaps the emancipated son can; And civil, because he is in power by civil law of the Romans, as above, title i, § final; And natural, that which right permits, as in the Digest, above, of right and law; Debeat, otherwise law ii, not truly, as in the Digest, above, on status of men, law Paul, i, R, it seems he should obey, not that it expresses, as in the Digest, on betrothals, law i, in betrothals at the end; When, because the father's consent is demanded; Can, it is that he can or cannot obey, as in the Digest, above, of common right, law that, § madman; On the son, for of the daughter it was easy to consent, because perhaps there is warmer blood in her, as in the Authentics, on not allowing, § when, § col. i, or more truly because of the fragility of the sex, see below, who to those, law m, from which, it is not pleasing; Decision, i.e., sentence or law, as in the Code, above, if madman; By which decision; Madman, i.e., if he was captured or the father was absent for three years, or if it is not known whether he lives or not, as in the Digest, above, law if grandson, § final, and law if thus; According to that given, that is, with the authority of the father's curator and by dowry according to the amount of the father's patrimony given, as in the Code, above, law if madman at the end, in the Digest, according to the canons, the consent of them is sufficient, so that it is not done by matrimony, this perhaps in others, not in sons of families.

...a degree of kinship are joined, there is a certain similarity for the sake of observation, but not as great.

Truly, marriages are prohibited between brother and sister, whether they were born of the same father and the same mother, or from one of them.

But if any sister has begun to be yours through adoption, as long as the adoption exists, marriages between you and her cannot consist.

When, however, the adoption is dissolved through emancipation, you will be able to take her as a wife.

But also, if you have been emancipated, there is nothing as an obstacle to the marriages. Therefore, it is established that if anyone wishes to adopt a son-in-law, he ought to emancipate his daughter first, and if anyone wishes to adopt a daughter-in-law, he ought to emancipate his son first. It is not permitted to take as a wife the daughter of a brother or sister, but neither the granddaughter of a brother or sister, which one can take. Who are in the fourth degree? For whose daughter one cannot take as a wife, nor is it permitted to take her granddaughter. But you do not seem to be prevented from taking as a wife the daughter of that woman whom your father adopted, because she is joined to you by neither natural nor civil law.

The children of two brothers or sisters, or of a brother and sister, can be joined. Likewise, it is not permitted to take as a wife an aunt, even an adoptive one. Likewise, neither a mother's sister original: "materteram", because she is held in the place of parents. For which reason it is true that it is prohibited to take as a wife a great-aunt or a great-mother's sister. One must also abstain from the marriages of certain ones out of reverence for affinity, as, for example, it is not permitted to take a step-daughter or a daughter-in-law as a wife, because both are in the place of daughters, who was your daughter-in-law or step-daughter. For if she is still your daughter-in-law, that is, if she is still married to your son, you cannot take her as a wife for another reason, because the same...

marginalia translated in order: is accepted, according to the canons, which according to us, as will be said; As to what, thus, Digest, on valid obligations, this, pubescent, i, final, thus, Digest, on children to be acknowledged, if anyone asks, at the end; Dissolved, because she herself is emancipated, that she may differ from the following case; Son-in-law, i.e., husband of the daughter; Of that; Before, i.e., first; Daughter, this is because emancipation being made, she ceases to be an agnate; Can, who cannot do so by the present but can by adoptive grace, as in the Digest, on adoption, law which in adoption, today truly it does not cease, as below, on children, agnate, succession, § final, and thus this counsel today does not hold; Daughter-in-law, i.e., wife of the son, as is proven below, title, § affinity; Him, i.e., the father; Before, i.e., first; Brother that, here one opposing, I cannot take the daughter of a grandfather or grandmother, yet I can take the granddaughter who is my cousin, as below, title, § of two. Reply, this rule we understand strictly in that case in which it speaks, and in every similar one, namely when I and she with whom I cannot take a daughter, we are in the second degree to the stock, and in the power of the same, and thus whose brother or sister's daughter, etc., and in natural ones, otherwise in adoptive ones, as below, title, § Accursius, Florentine; Of that, thus construe, you do not seem to be prevented from taking, see below, title, etc.; Civil law, of natural it stands, but civil thus I prove, that daughter of the adoptive sister is not in the power of the mother, as below, § i, has, which and differently, § which of the case does not pass into the power of that one who adopts the mother, nor does the mother pass, because they pass with others who are in power, as below, title i, § that and, Digest, on adoption, father. But the mother herself adopted is joined to me; By agnation through the father in whose power she is, Digest, on adoption, law which adopts; Two, this §, law as, and in the Code, above, on celebrating, otherwise by canon law, or say this § speaks of adoptive ones, otherwise in natural ones; Likewise aunt, who is sister of the father; Adoptive by the grandfather, first; Likewise mother's sister, not carefully, because it does not repeat the adoptive mother's sister, etc., because mother's sister or maternal uncle does not become through adoption, as here, and above, title, § of grandfather, and Digest, above, if any, § final, otherwise, law adoption. But on the contrary it seems, Digest, on rite of marriage, law through adoption, § final. Reply, that is understood when adoption is into a grandson as if born from a daughter, or into a great-grandson born from a grandson born from a daughter, which I can do as if I had no son, as in the Institutes, title i, § iii. Then, the sister and brother, in the place of whose son the adoption was made, is the mother's sister.