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Rulant, Rutger · 1589

IX.
By Canon Law, however, these instruments are not required.
X.
Therefore, some affirm that both Laws are to be observed in their respective forums, a view which we also confirm.
XI.
I know there is doubt as to whether this marriage can be contracted in the agony of death so as to render children legitimate. It has been decided that it can be, and that they become legitimate.
XII.
A question more intricate than the preceding ones is raised concerning these matters: Does an intervening marriage impede this legitimation? For example, having left a concubine, I married a wife; upon her death, if I then marry the former concubine, does the legitimation proceed? And although valid arguments are brought forward on both sides such that it is rightly doubted what ought to be established here, I see that the affirmative is more in accordance with equity, which is what I follow.
XIII.
Now concerning the second mode. Some of the Interpreters doubt the origin of this, namely, whether it was in use before the times of Justinian. Placing faith in the words of Justinian, we establish him as the author, however much Bart. Bartolus de Saxoferrato, a prominent medieval jurist may protest.
XIV.
This legitimation is performed by a petition presented to the Prince.
XV.
Its principal requirement is that the cause for the legitimation must be expressed.