[Iustiniani Institutiones]

Not that the first, which is the best; item not only through this, the divine law and this, the divine, concerning these things, i., and i., i., law, i., i., i., m., i., f.

Individual, as regards affection; thus, above, concerning justice and law, in the beginning. For by force, separation often occurs according to the ancients and the new law permitting it, as Code, On repudiation, "offended," and in the Authenticum, On marriages, § "if therefore," and in the Authenticum, "that it be allowed to manumit," and "grandmother," § "because truly," col. 8. Truly, no one ever has this affection for a concubine. Certainly thus. And therefore, add to this definition the communication of divine and human law, as Digest, On the rites of marriage, law 1. Divine: because they ought to be of the same sect so that one is not a Christian and the other a Jew, Code, On Jews, "not," x., law "in vain," because the wife follows the status of the husband, as Digest, On municipal matters, law 3, § 2. § If it is otherwise in a concubine, law "of any," in an intimate wife, as Digest, On municipal matters, law "concerning law," § end. Although the law permits concubinage, Digest, On concubines, law 1, "in concubinage," at the end; nor does the objection regarding mother and son hold, because there is not such a custom there as there is for a wife, as in title 1, § "therefore," and in the Authenticum, "how it behooves," § 1, col. 1, and Digest, "how much," there; "but sole," § z., Accursius Florentinus.

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

Concerning Marriages.

An image of the initial 'I' in red with decorative penwork flourishing into the margin.

But Roman citizens contract just marriages among themselves if they come together according to the precepts of the laws: males, indeed, who have reached puberty, and females, however, who have reached marriageable age, whether they are heads of families or children of families, provided that if they are children of families, they have the consent of the parents in whose power they are. For that this ought to be done, both civil and natural reason persuades, to such an extent that the order of the parent ought to precede. Hence it is asked whether the daughter of a madman can marry, or the son of a madman can take a wife. And since there was variation concerning the son, our decision proceeded, by which it was permitted, following the example of the daughter...

Power, however, is lost in seven ways: first, because he can sell due to the necessity of hunger, or bind him, as Code, concerning paternal power, which finished, law 1. Second, because he cannot be summoned into law by him, as Code, On summons into law, law 1. Third, because we cannot have a judicial case with them by suing, as Digest, § law 1, law 3. Fourth, because we acquire through him, as in "through which persons we acquire," § 1. Fifth, because he cannot be in judgment against another without our license, as Code, Concerning goods which, law 1, § end. Sixth, because we administer his adventitious goods against his will, as in "through which persons we acquire," § 1. Some, however, said that they provide food for each other by this law, which is false, since it happens with those emancipated, as Digest, Concerning children, law 1, "if anyone by children," in the beginning.

Item, a civil obligation cannot exist between us, as in "concerning useless stipulations," § "item, it is useless." And the eighth: that I can petition for a son into my power, concerning which distinguish: either he is detained by no one, or by someone; if by someone, willing or unwilling. In the first case, we petition him through the office of the judge, Concerning children, to be exhibited, law 3, § "this, however." If I act on the matter by judicial action, as Digest, On actions, § "prejudicial," not "on indictment," except in a case, as if I wish him to enter an inheritance in which he is made heir, as Digest, On acquiring inheritance, "if anyone to me," § 1.

Right Column

Concerning children, etc. Here he has the same aids in the second [case], and more, namely, the vindication of a thing by Roman law, as Digest, On the vindication of a thing, law 1, § 1. In the third, the interdict has a place, which action requires the law of things, as Digest, On the vindication of a thing, law 1, § end, and concerning children, to be exhibited, law 1, § z. "Which of the Romans," i.e., of all those who are of the Roman Empire; other nations govern them as they hold their own children, such as Slavs; others [hold them] as absolute, as the French. Therefore, he cautiously says "just," [meaning] "such as."

...the son of a madman [can also] marry for himself, following the measure given from our constitution. Therefore, it is not permitted for all to take wives for us. For one must abstain from the marriages of certain persons. For among those persons who occupy the place of parents or children among themselves, marriages cannot be contracted, such as between father and daughter, or grandfather and granddaughter, or mother and son, or grandmother and grandson, and so to infinity. And if such persons have cohabited among themselves, they are said to have contracted nefarious and incestuous marriages. And these things are so true that, even though they have begun to be in the place of parents or children through adoption, they cannot be joined in marriage among themselves, to the extent that even when the adoption is dissolved, the same law remains. Therefore, you will not be able to take as a wife her who has begun to be a daughter or granddaughter to you through adoption, even if you have emancipated her.

Between those persons also who are from the side...

And wife: it is another matter if from concubinage, as in title 1, § end, or from incestuous intercourse born, for as in the Authenticum, "in what ways natural children are made legitimate," col. 6, § end.
For in yours: if, however, you are of your own right, not otherwise, as Digest, On the Lex Julia concerning adultery, thus it will happen.
Will not be: because those who are born follow the family, as Digest, On the Lex Aquilia, § 1, and in this he follows the condition of the father, as Digest, On the status of humans, law "with legitimate."
Concerning marriages.
Just: question 1, Digest, free men, as above, concerning children, § end. Slaves, therefore, do not make matrimony but cohabitation, as here and Code, On incestuous marriages, with slave women, and in the Authenticum, On marriages, § end, "but from the beginning," col. 4. But it is another matter in canon law which prevails, as in the Authenticum, On the church, title, § 1, col. 3, where it is said that the canons are to be observed as laws.
Conceived: which were above, in the title, through the whole, as we collect in the great gloss.
Puberty: i.e., older than 14 years, as in "in what ways power is finished," in the beginning.
Powerful: i.e., older than 12 years, as in "in betrothals," 7 years are sufficient, as Digest, On betrothals, law "in betrothals," § "but is it today," 15 years were necessary for matrimony as in the Authenticum, On time not fixed for money, § "generally," col. 7. Answer: No, that custom...

He sets forth the frequency of people. Item: what if someone is found before this time is reached to be sufficient for matrimony? It seems that he can marry, as Digest, "when dies," law, "they reach," with happy diploma used, as Digest, On verbal obligations, "the best," § "when thus," Digest, "on contradiction." In the manner, concerning adultery and stupor committed, he can be punished, as Digest, On adultery, among children, i. Answer, and because of this, Digest, On concubines, law 1, § end. If, however, someone has taken a wife in fact within the said time, then she will be a wife when she reaches the aforesaid age.