1.1.111 to 1.1.113

(79) Moreover, to such an extent does this rule apply that the issue of the marriage between a Roman citizen and a Latin woman follows the condition of its mother, for in the Lex Minicia not only are alien nations and peoples designated as "foreigners," but also those who are called Latins; and it also refers to other Latins who had their own peoples and states, and were included under the head of foreigners. (80) On the other hand, by the same rule, the son of a Latin father and a mother who was a Roman citizen, whether the marriage was contracted under the provisions of the Lex Ælia Sentia or not, is born a Roman citizen. There were some authorities, however, who held that where a marriage was contracted under the Lex Ælia Sentia the child was born a Latin; for the reason that in this instance the right of legal marriage was conferred upon the parties by the Lex Ælia Sentia et Junia ,and legal marriage always has the effect of giving the child the same condition as its father; for, if the marriage were otherwise contracted, the child, by the Law of Nations, would follow the condition of its mother, and for this reason would be a Roman citizen. We, however, make use of the rule established by the Decree of the Senate at the instance of the Divine Hadrian, by which it is declared that, under all circumstances, the child of a Latin man and a woman who is a Roman citizen is born a Roman citizen. (81) In conformity with these provisions, the said Decree of the Senate, enacted at the instance of the Divine Hadrian, also prescribes that the issue of a Latin man and a foreign woman, as well as that of a foreign man and a Latin woman, follows the condition of the mother.