1.1.118 to 1.1.121

(86) Another section of the same law remains in force, namely, that any children born to a free woman and a slave who is the property of another, and whom she knew to be a slave, are born slaves; hence among those who are not subject to this law, the child follows the condition of its mother [1] by the Law of Nations, and on this account is free. (87) In those cases, however, where the child follows the condition of the mother and not that of the father, it is perfectly clear that it is not subject to the authority of his father, even though the latter may be a Roman citizen; and therefore we stated above that in certain instances where a marriage which was not lawful was contracted through a mistake, the Senate could intervene and remedy the defect of the marriage, and in this way generally bring it about that the son should be subjected to the authority of his father. (88) If a female slave should conceive by a Roman citizen and afterwards, having been manumitted, should become a Roman citizen and a child should be born, although the latter would be a Roman citizen like its father, it would still not be under the control of the latter, for the reason that it was not conceived in lawful marriage, and because an union of this kind is not declared to be legal by any decree of the Senate. (89) The decision which was made that if a female slave should conceive by a Roman citizen and then, after having been manumitted, her child should be born free, is in accordance with natural law, for children who are illegitimately conceived assume their status at the time when they are born, and therefore, if they are born of a free woman, they will be free, nor does it make any difference by whom their mother conceived them while she was a female slave; but those who are lawfully conceived assume their status at the time of conception.