Marcellus, On the Lex Julia et Papia, Book I. It should be noted that where a freedman gives himself to be adopted by a man who is born free, although he obtains the rights of a freeborn person in the adoptive family, being a freedman, still, he will not be permitted to contract marriage with the daughter of a Senator.

Marcellus, On the Lex Julia et Papia, Book III. It should be observed that men of inferior station can marry women with whom others of higher rank are forbidden by law to contract matrimony, on account of their superior dignity. On the other hand, men of exalted rank cannot take as wives women whom it is not lawful for those who are of inferior station to marry.

Ad Dig. 25,3,8Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 475, Note 5.Marcellus, On the Lex Julia et Papia, Book I. The children of our male children are under our care, but this is not the case with those descended from females; for it is evident that a child whom a daughter brings forth is under the care of her father, and not of her grandfather, unless the father is not living, or is in want.

Marcellus, On the Lex Julia et Papia, Book I. The following difference exists between a donation mortis causa and other ways by which anyone acquires property by reason of death. A donation mortis causa is made when both parties are present, and anything not included in this kind of a donation, it is understood, may be obtained on account of death. For when a testator, by his will, directs his slave Pamphilus to be free under the condition that he pays me ten aurei, he is not considered to have made me a donation; and nevertheless, if I accept the ten aurei from the slave, it is established that I accept them mortis causa. The same thing happens where an heir is appointed on condition that he pay me ten aurei; as, by accepting the money from him who is appointed heir, I acquire it mortis causa, for the purpose of complying with the condition.

The Same, On the Lex Julia et Papia, Book III. Many authorities hold that when a woman, after separation, returns to her husband, this is the same marriage. I assent to this opinion, provided they are reconciled before a long time has elapsed, and neither of them has married anyone in the meantime, and especially if the husband has not returned the dowry.

The Same, On the Lex Julia et Papia, Book III. It is said to have been recently decided that where a man marries his freedwoman whom he manumitted in compliance with the terms of a trust, she can contract matrimony with another without his consent; and I think this is correct, because he should not enjoy the privilege of a patron who was obliged to manumit the woman and did not do so voluntarily, as he rather gave her the freedom to which she was entitled, than conferred any benefit upon her.