1.1.114 to 1.1.117

(82) The result of this is that the child of a female slave and a freeman is, by the Law of Nations, born a slave; and, on the other hand, the child of a free woman and a male slave is free by birth. (83) We should note, however, whether any law or enactment having the force of law, in any case changes the rule of the Law of Nations. (84) For example, under the Claudian Decree of the Senate, a woman who is a Roman citizen and has sexual intercourse with a slave belonging to another with the consent of his master will, in accordance with the agreement, remain free herself while she gives birth to a slave; for the contract entered into between her and the owner of the slave is declared to be valid by the Decree of the Senate. Afterwards, however, the Divine Hadrian, influenced by the injustice and impropriety of the law, restored the rule of the Law of Nations, so that as the woman herself remains free, her child is also born free. (85) Likewise, by another law, children born of a female slave and a freeman could be born free; for it is provided by the said law that if anyone should have sexual intercourse with a female slave belonging to another and whom he believed to be free, and any male children should be born, they will be free; but any female children would be the property of him to whom their mother, the female slave, belonged. In this case, however, the Divine Vespasian, influenced by the impropriety of the law, restored the rule of the Law of Nations, so that, in every instance, even if female children should be born, they will become the slaves of the person who owned their mother.