This library is built in the open.
If you spot an error, have a suggestion, or just want to say hello — we’d love to hear from you.
Rulant, Rutger · 1589

XXXII.
Therefore, the old Interpreters of the Novels were very wrong to explain that those born from a concubine are called spurii.
XXXIII.
Only nothi or natural children are legitimated.
XXXIIII.
Spurii, if we look at marriage, cannot be legitimated, even if the coitus with a harlot is outside the penalty of the law; an argument which Decius Filippo Decio, a legal scholar uses.
XXXV.
It is certain that the incestuous are not legitimated at all, neither by the Emperor nor by the Pope.
XXXVI.
Those who are legitimated must offer their own consent (in which case ratification also suffices), so that one is not subjected to the paternal power against his will.
XXXVII.
From this rule, three questions emerge, as elegant as they are thorny. The first: Can an absent person be legitimated? I follow the affirmative.
XXXVIII.
The second is a little more difficult: namely, can an infant be legitimated? In this, I also approve the affirmative, with this moderation applied, that once he has become an adult, he must ratify it.
XXXIX.
The third: Must the same be said for a madman? And in this, that I might depart from the decision of those before me, I am moved by certain reasons.