Francisci Hotomani iurisconsulti observationum liber IIII

she brings forth a Roman citizen. And Caius followed the same opinion in Book 1 of his Institutes, chapter 4, where he also affirms that this is a rule of law. But Martianus in law 5, section 2, Digest, on the status of man, openly repudiates that distinction of Ulpianus. It does not matter, he says, whether she conceived in lawful marriage or promiscuously. And at the same time he adds the reason: because the calamity of the mother ought not to harm him who is in the womb. And the Emperor approved that opinion of Martianus in section 1, Institutes, on the freeborn. On the contrary, however, Caius says: He who is conceived not in legitimate marriage, if his mother has been made a slave while pregnant, is born a slave. Because he was not legitimately, but promiscuously conceived. From which it appears that that law was not introduced by the constitution of some Emperor, whose will would have stood in place of reason, but, when it was being debated among the Jurisconsults on that matter, Martianus followed the opinion of those who favored liberty. For Ulpianus and Caius, however, one argued that those promiscuously conceived follow the condition of the mother. Law when legitimately 19, Digest, on the status of man. Indeed, they cannot name a father, law 23; law 24, on the status of man, and they have no origin except the maternal one. Law 1, Digest, on municipalities. But a mother is reckoned not from conception, but from birth and delivery. Law of him who 9, Digest, on the same; law he to whom 18, Digest, when the day of a legacy. Therefore, she who conceived is not counted as a mother if a dead child is born to her. Law who dead 129, on the meaning of words. But those who were conceived from legitimate marriages seemed to follow the father rather: because the father is whom legitimate marriages demonstrate, law 5, Digest, on summoning to court; and the quality of the father is benignly looked at from the time of conception. Law 2, section 1, Digest, on decurions; law 7, section 1, Digest, on Senators; so that it may seem to be argued not unsubtly that in conception, the father, in delivery, the mother