Latin
1.1.129 to 1.1.134
Roman Law and Society, Institutes of Gaius 1.1.129-134
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(95) The rule is otherwise in the case of those who, together with their children, attain to Roman citizenship by the right of being Latins, for their children pass under their control. (96) This right has been granted to certain foreign States, either by the Roman people, or by the Senate, or by the Emperor. The right of Latinity is either greater or less. Greater Latinity is that of those who are elected decurions or administer any honorable office or magistracy, and by this means obtain Roman citizenship. The lesser right of Latinity is where only those who administer the office of magistrate or any other honorable employment attain to Roman citizenship; and this difference is referred to in many Imperial rescripts. (97) Not only as we have stated are natural children in our power, but also those whom we adopt. (98) Adoption takes place in two ways; either by the authority of the people, or by the command of the magistrate, as for instance, of the Prætor. (99) We adopt, by the authority of the people, those who are their own masters, which kind of adoption is called arrogation, for the reason that he who adopts is asked, that is to say, interrogated, whether he desires to have the person whom he intends to adopt as his lawful son; and he who is adopted is asked whether he is willing to have this done; and the assembled people are asked whether they direct this to take place. By the command of the magistrate we adopt those who are under the control of their parents, whether they are in the first degree of descendants, as a son or a daughter, or whether they belong to an inferior degree, as a grandson or a granddaughter, a great-grandson or a great-granddaughter.