1Ulpianus, On the Edict, Book LXII. No one doubts that a man of consular rank should always take precedence of a woman of consular rank, but it is a matter for consideration whether a man of præfectorian rank takes precedence of a woman of consular rank. I think that he does take precedence of her, because greater dignity attaches to the male sex. 1We call the wives of consuls women of consular rank, and Saturninus extends this quality to their mothers, but this is not stated anywhere else and it is nowhere admitted.

2Marcellus, Digest, Book III. Cassius Longinus is of the opinion that when a man has been expelled from the Senate for infamous behaviour, and has not been reinstated, he should not be permitted to preside in court, or testify as a witness; for the reason that the Lex Julia forbids this to be done in cases of extortion.

3Modestinus, Rules, Book VI. A Senator who has been expelled from the Senate does not lose his citizenship; and the Divine Severus and Antoninus even permitted him to live at Rome.

4Pomponius, From Various Passages, Book XII. Whoever is unworthy of a lower rank is still more unworthy of a higher one.

5Ulpianus, On the Lex Julia et Papia, Book I. We should understand by the terms “the son of a Senator”, not only a natural son but also an adopted one, and it does not matter by whom or in what way he has been adopted. Nor does it make any difference whether he was already invested with Senatorial rank when he adopted him, or whether this was done subsequently.

6Paulus, On the Lex Julia et Papia, Book II. A son adopted by a Senator continues to be such as long as he remains in his family; but when he is emancipated, then by the emancipation he loses the name of son. 1When a son is given in adoption by a Senator to a person of inferior rank he is always considered the son of a Senator; because the Senatorial dignity is not lost by an adoption arising from an inferior station, any more than anyone would cease to be of consular dignity under similar circumstances.

7Ulpianus, On the Lex Julia et Papia, Book I. It is established that the son of a Senator emancipated by his father is always considered a Senator’s son. 1Labeo also declares that a child born after the death of his father who was a Senator, shall be considered the son of the Senator. Proculus and Pegasus are of the opinion, however, that a child who was conceived and born after the expulsion of its father from the Senate, should not be considered a Senator’s son. This opinion is correct, for he whose father has been expelled from the Senate before he was born, cannot properly be called the son of a Senator; but where a child has been conceived before its father was expelled from the Senate, and born after his father had lost his rank, the better opinion is that he should be understood to be the son of a Senator. It is held by many that the time of conception should only be considered under such circumstances. 2Anyone whose father and grandfather have been Senators is understood to be both the son and the grandson of a Senator; if, however, his father lost his rank before the conception of the former, the question might arise whether he should not be considered the grandson of a Senator, even though he was no longer regarded as the son of one? It is the better opinion that he ought to be, so that the rank of his grandfather may be of advantage to him, rather than he should be injured by the condition of his father.

8The Same, Trusts, Book VI. Women who are married to persons of illustrious rank are included in the appellation of illustrious persons. The daughters of Senators are not known by the name of illustrious women, unless they have obtained husbands of eminent dignity, for their husbands confer illustrious rank upon them; but parents, indeed, do so, so long as they are not connected with plebeian families. Therefore, a woman is of illustrious rank while she is married to a Senator or a distinguished man; or, having been separated from him, she has not married a person of inferior station.

9Papinianus, Opinions, Book IV. When the daughter of a Senator marries a freeman, the condition of her father does not make her a wife; since, on the other hand, where her father had been expelled from the Senate, his children should not be deprived of the rank which they have obtained.

10Ulpianus, On the Edict, Book XXXIV. We should consider the children of Senators to be not only their sons, but also all those descended from them or from their children, whether they be the natural or adopted offspring of the Senators from whom they are said to have descended; but in the case of a child, born to the daughter of a Senator, we must examine the condition of the father.

11Paulus, On the Edict, Book XLI. Senators are always considered to have their residence at Rome; still, they are understood to have a residence in the place where they were born, for the reason that the rank of Senator is considered rather to give an additional domicile than to change the old one.

12Ulpianus, On Registers of the Censor, Book II. Women married in the first place to men of consular dignity, and afterwards to men of inferior station, sometimes, though rarely, despite this obtain from the Emperor the privilege of retaining their consular rank; for I know that Antoninus Augustus favored his cousin Julia Mammæ in this respect. 1Those are to be considered persons of Senatorial rank who are descended from patricians and consuls, or any illustrious men; because these alone have the right to give their opinions in the Senate.