[Iustiniani Institutiones]

Age, hatred, opinion of the nobles... foundation?... persuaded, ... hegby? ...

Collected of him? / naturally? ... from these, which are ... in the Senate Consult a decree of the Roman Senate... first is by reason of servitude... Code on incestuous marriages... by reason of age, as males under 14 years... younger... 12... third by reason of blood, which is divided into three: ascendants, descendants, and collaterals... fourth by reason of adoption... fifth by reason of affinity... sixth by reason of marriage; for if he has one, he should not have another at the same time...

they impede marriages between them. Also, affinities as here, and Digest on adopted persons, section on servants. But because there is no relationship original: "cognacio" between them, as in Digest on degrees of relationship, section: "what of the other." But that is in the right of succeeding, and in guardianship or inheritance, but here it is by the law of blood, which can be removed by no civil law, as here, Digest on those who are in public lists, law: "laws of blood," and it is also in the prohibition of marriage; but is it not Custom ... prohibited by law by reason of not being chaste ... and for another reason between them marriage is impeded, because they are sui under their own power, as in Digest on this, law 1... During servitude, there are two impediments; after they are manumitted, it is one, as is read: F They have been manumitted, so that both are one; from then on there is one impediment of blood, as one... then there are two that impede, as we said. G There are also other enunciated... first is by reason of servitude... by reason of age... third by reason of blood... fourth by reason of adoption... fifth by reason of affinity... sixth by reason of marriage...

If against

things we have said, some confer; neither husband nor wife, nor nuptials, nor marriage, nor dowry is understood.

¶ Therefore those who are born from such a union are not in the power of the father, but such are they, as far as paternal power pertains, as are those whom the mother conceived vulgo commonly/promiscuously; for not even these are understood to have a father, since for them the father is uncertain.

O Whence they are wont to be called spurii illegitimate children, either from the Greek word spadon castrated/empty concept, or as if children without a father. P It follows therefore that when such a union is dissolved, there is no place for the exaction of a dowry. Q Those, however, who contract prohibited marriages also suffer other penalties which are contained in the sacred constitutions.

Sometimes, however, it happens that children who, as soon as they are born, do not come under the power of their parents, later are reduced into?... The result is that ... born ...

... eighth by Lex Papia Papian Law, between senators and their freedmen or freedwomen; or ... as if the woman is lowly or odious, as in Digest on the rite of nuptials... Code, section on nuptials... which is corrected today, as in the Authenticum a collection of Justinian's later laws, book 12, section: "if anyone however," coll. 6. H The ninth is between a magistrate and a woman subject to him by reason of jurisdiction, as in Code on nuptials, and if otherwise, and Code if anyone... Tenth is by the posteriors of the prince, as with her whom someone has washed from the sacred font referring to godparent relationship, as in Code on nuptials... Also observe concerning the godmother herself... Eleventh is by reason of honor... It is by reason of the annexed order.

Where about ... impede marriages ... orders ...?

... concerning orders ...

as with clerics established in sacred orders, as in the Authenticum... and the thirteenth is concerning monks and nuns, even if they are not established in sacred orders, as in the Authenticum... And 42, concerning a raped woman who afterwards marries the ravisher, which is prohibited, as in the Authenticum... B We said as in the section... and also we add in the first section...

we have allowed.

... neither husband nor wife, nor nuptials, nor marriage, nor dowry is understood.

... paternal power: such is he who, while he had been natural, later was given to the curia and is subjected to the power of the father, and also he who is begotten from a free woman, whose marriage had not been forbidden by laws, but to whom the father had had a relationship; later, according to our constitution, with marriage instruments composed, he is made into the power of the father. U Which also our constitution has prohibited regarding other children who were later begotten from the same marriage.

i Therefore it is well inserted... L enumerated... those who... k To the power... which in this case he placed concerning nuptials, after the section on paternal power. l Vulgo commonly, because they cannot show the father, or it is illicit... m Nor these... n The father is uncertain; to whom the father is prior, there is none for him, and everyone to whom the father is prior does not have that father...

On Adoptions

R Not only, however, are natural children according to those things which we have said in our power, but also those whom we adopt.

S Adoption, however, is done in two ways: either by imperial rescript, or by the authority of the magistrate. T By the authority of the emperor one can adopt those who...