Francisci Hotomani iurisconsulti observationum liber IIII

That third chapter of the Aquilian Law, of that conjecture which came to my mind some years ago. For in the words: "Besides men and cattle killed," I believe there is an error, or rather that those words have crept into the context from a gloss. Therefore, it was likely written by Aquilius: "Of other things, if anyone causes damage to another, because he has killed some animal besides man and cattle, because he has burned, broken, etc." Which emendation the Emperor shows in section chapter 3, Institutes, on the same title. And it would be absurd to extend the appellation of RUPTI broken also to killings. For rumpere to break does indeed signify wounding, but not killing. Law if a slave 27, section to have broken, Digest, of the same title; and it is one thing to wound, another to kill. Law in the law 44, Digest, on the same. For which reason, one action is said to be for a wounded person, another for a killed one. Law he who kills 30, last section; law that 32, last section, Digest, on the same; so that one can first sue for the wounded, and afterwards also for the killed. Law if wounded 46, on the same.

Dissensions noted among the ancient Jurisconsults, left by Tribonianus in our books.

CHAPTER III.

The first is in the question about one born from her who was a slave during some time of pregnancy, in which I see Ulpianus dissenting from Martianus. For in Ulpian's Fragments, chapter V, this opinion is presented: In those who are born from a legitimately contracted marriage, the time of conception is looked at: but in those who are not legitimately conceived, the time of birth. Likewise in law Emperor 18, Digest, on the status of man. If, he says, water and fire are forbidden to her who conceived from a lawful marriage,