1.1.109 to 1.1.110

(77) Likewise, if a female Roman citizen should marry a foreigner who is entitled to contract a legal marriage, and a son is born, he will be an alien, and the lawful son of his father, just as if he had begotten him with a foreign woman. At the present time, however, by a Decree of the Senate enacted at the instance of the Divine Hadrian, even if the right of civil marriage did not exist between a woman who is a Roman citizen and a foreigner, the child born of the union is the lawful son of his father. (78) What we have stated, however, with reference to a female Roman citizen marrying a foreigner, and their issue being an alien, is derived from the Lex Minicia ,by which it is provided that where a child is born of an unequal marriage it follows the condition of the parent of inferior rank. On the other hand, it is provided by the same law that if a Roman citizen should marry a foreign woman with whom the right of legal marriage did not exist, the child born of this union will be a foreigner. The Lex Minicia was not especially necessary in a case of this kind, for, without this law, the child would have followed the condition of its mother, as this is the rule by the Law of Nations, among those between whom the right of civil marriage does not exist. This provision of the law which directs that the issue of a Roman citizen and a foreign woman shall be a foreigner seems to be superfluous, for even without this law this would be the case under the Law of Nations.