# The Institutes of Gaius 1.1.125-128

Roman Law and Society, The Institutes of Gaius, 1.1.125 to 1.1.128. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/the-institutes-of-gaius/1.1.125

(91) Likewise, where a woman who is a Roman citizen while pregnant, becomes a slave under the Claudian Decree of the Senate, for the reason that she had intercourse with a slave belonging to another, against the consent and protest of his master, many authorities make a distinction and hold that as the child was conceived in lawful marriage, it will be born a Roman citizen, but if it was conceived as the result of promiscuous intercourse, it will be born the slave of the person to whom his mother belongs. (92) Again, if an alien woman should conceive as the result of promiscuous intercourse, and afterwards become a Roman citizen and bring forth a child, the latter will be a Roman citizen. If, however, she should conceive by an alien whom she married in accordance with foreign laws and customs, she will, under the terms of the Decree of the Senate enacted at the instance of the Divine Hadrian, be held to give birth to a Roman citizen, provided Roman citizenship has also been conferred upon the father. (93) Where an alien has acquired Roman citizenship for himself and his children, the latter do not pass under the control of their father unless the Emperor should expressly cause them to do so; and this he only does when, after the case has been examined, he thinks that this would be advantageous to the children. He, moreover, makes a more diligent and minute investigation with reference to children who are under the age of puberty and absent; and this rule is set forth in an Edict of the Divine Hadrian. (94) Likewise, where anyone with his wife, during her pregnancy, is presented with Roman citizenship, although the child, as we have mentioned above, is born a Roman citizen, he still does not pass under the control of his father; and this is stated in a rescript of the Divine Hadrian. For this reason if he knows that his wife is pregnant, and he petitions the Emperor for citizenship for himself and his wife, he should, at the same time, ask that his child shall be subjected to his authority.

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Roman Law and Society, The Institutes of Gaius. Text: The Latin Library (thelatinlibrary.com), used with permission. Changes: HTML markup removed and the text divided into reading sections by Interlinea.
License: Used with permission (https://www.thelatinlibrary.com/about.html). Source: http://thelatinlibrary.com/law/gaius.html.