It has very properly been stated by Our predecessors, and above all by the most learned Julianus, that no law or decree of the Senate has ever been promulgated by the Roman government which, from the beginning, has been sufficient to provide for all cases; but that laws have need of much correction in order to be adapted to the inconstancy and perversities of Nature. Hence We have published various enactments concerning natural children upon whom legitimacy has been bestowed. But when We consider the character of each individual case, We find that there is always something lacking to what has already been provided, and We desire to supply this by means of the present law. For where anyone, induced by pure affection, has formed an union with a woman and has children by her, and after their birth, enters into a nuptial contract with her, and then begets legitimate children, those previously born do not continue to be illegitimate, but are included among those who are legitimate, for the reason that chance has caused them to be born such. This law, however, has undergone an amendment, for certain persons claimed that when the second children, born after the dotal contract was executed, die, those born previously obtained no advantage through them; which difficulty We have removed by also giving the first children the right of legitimacy, even when the second are longer living; and (for the reason that this point also was ambiguous) We have added that even if no children were born after the dotal contract was entered into, those previously born should, nevertheless, be included among the legitimate offspring, because their father desired it.
  (1) But another similar instance occurred; that is, where natural children were born of an union of this kind, and their father wished them to be legitimated in the manner introduced by Us, that is to say, by the execution of a nuptial contract, but, while he was deliberating on this subject the woman died, and the rule established by Our Constitution was not applicable, for she with whom the nuptial contract should be entered into was no longer living, and hence the natural children remained such, notwithstanding the wish of their father. Another case of the same description arose among persons with whom We are not acquainted; for a certain man, having begotten children illegitimately, to whom he was deeply attached, desired to have them legitimated in accordance with law, but their mother did not bear a good reputation, and he did not think that she who had committed an injury upon herself was worthy of obtaining a lawful name, which statement is sufficient for the purpose. This is another way in which children can be made to suffer; in the first instance, on account of the death of their mother, and in the second, because of her misconduct.
  (2) A third instance has also come to Our knowledge. A father desired to render his children legitimate, and made arrangements to do what We have prescribed with reference to dowries; but the children, being aware that their mother might unexpectedly acquire certain property (through a certain rich relative, although she was not a lawful wife), were guilty of wicked and deceitful conduct, for they concealed their mother, so as to make it impossible for their father to legitimate them, and if their mother should die, that they might be able to enjoy the usufruct of her property, a privilege which the law grants to a father. We enact the present constitution for the purpose of preventing fraudulent acts of this kind.

  Where anyone has no legitimate children, but only natural ones, and desires to render them legitimate, and the mother of said children is dead; or if living, she has been guilty of bad behavior; or if she does not appear, or some law forbids the father from marrying her; We authorize him to confer upon his natural children the right of legitimacy in a new way which We now propose; provided he has no surviving lawful offspring. For as Our predecessors devised a certain method of bestowing upon freedmen the privilege of free birth, and of liberating them from their condition by giving them the right to wear gold rings, and restoring them to the condition of Nature, which, in the beginning, did not distinguish a slave from a freeman, but created the entire human race free, so We introduce a new method of legitimation, and a father is authorized to make use of it, just as he is entitled to do with reference to the different ways which We have prescribed, even though some other similar instance may arise, for the innovations of Nature are innumerable, as We have already stated. Therefore a father who has no lawful issue shall be permitted to restore his children to a natural condition and original free birth, in order to render them legitimate for the future, and to have them under his control; for in the beginning (before there were any written laws), when Nature alone was supreme, and no distinction existed between a natural and a legitimate child, the progeny of Our first parents were legitimate as soon as they were born. And as, so far as children are concerned, Nature renders them all free, and because slavery was derived from warfare, so Nature has only produced legitimate offspring, and it is the tendency to concupiscence which has mingled natural offspring with them. Therefore as the origin of all children is attributable to certain passions, it is necessary for a remedy to be found for both classes; that is, for the condition of servitude introduced by Our predecessors, and for this condition which We have herein provided for.

  Therefore if the mother of children is left in her former condition, and she actually appears to have been guilty of misconduct (for otherwise We do not permit this to be done in cases of this kind), and if any fraud has been practiced, or she is not living, or remains concealed, or anything else happens which may prevent her from appearing and entering into a nuptial contract, the father shall be permitted to provide for his children, and petition the Emperor for this purpose, giving the reasons why he desires to have them restored to their natural condition and original free birth, and become legitimated, so as to remain under his control, and in no respect differ from children lawfully begotten. Hence We desire that children shall enjoy a solace of this kind, and that they may not be able to defraud their father, and, by concealing their mother, reject the right of legitimacy. This is one expedient which We have adopted for the benefit of those who have no lawful issue, as well as to provide for the excesses and perversities of Nature, thereby both granting relief to such as have no legitimate offspring, and correcting these eccentricities by this short and effective remedy.
  (1) Where, however, a father who has only natural children does not apply to the Emperor on account of some fortuitous event, and, dying under one of the aforesaid circumstances, states in his will that he desires his children to be his lawful heirs, his wish shall be complied with; but his children must, nevertheless, present a petition to the Emperor after their father's death, stating everything that has taken place; and they shall also produce the will, under the terms of which they were appointed heirs; and they will then receive from the Emperor what their father desired them to obtain; so that what takes place shall, at one and the same time, be the gift of both their parent and their sovereign, that is to say, of Nature and law; and We establish this rule without the annulment of any former method of legitimation. In cases in which these former methods are not available on account of the existence of legitimate children, and natural children are subsequently born, or where natural children are born in the first place, We add that the right of legitimacy shall, by no means, be acquired by them, unless this is done by virtue of Our Constitutions which have introduced the method of legitimation through dotal instruments.

  We are well aware that the form of adoption introduced in ancient times by Our Imperial predecessors, for the purpose of legitimating natural children, was not considered contrary to nature; but Our Father, of pious memory, has criticized it as such, in one of his constitutions, and We desire that what he decreed in this respect shall remain in full force, as he had the greatest regard for chastity, and it is not well for anything which has once properly been excluded to be restored in the administration of the Empire.

  We think that the following provisions are preferable to what has previously been enacted on the subject, and have decided their adoption to be advisable, after much experience with many cases; and, indeed, the numerous and incessant lawsuits which have been brought to Our notice have induced Us to enact this law. For, as it has been set forth in ancient constitutions, and also established by Us, that marriages celebrated without dotal agreements and prompted by affection alone, are valid and durable, but as the country is already full of fraudulent contracts (for witnesses are constantly introduced who, incurring no risk, testify that a man has called a woman with whom he is living his wife, and that she has also alluded to him as her husband, and by means of such statements marriages are presumed, which in reality have never taken place), it now becomes Our duty to provide for these cases in accordance with natural law. For We have learned, although We are lovers of chastity — a virtue which We recommend to Our subjects — that there is nothing more powerful than the passion of love, and that it is a part of perfect philosophy to restrain it, and to foresee and moderate the natural impetuosity of passion, in order that those who are subject to its influence may resist the importunities of those to whom they are attached, and not yield to their blandishments; and the legislators who have preceded Us have been so thoroughly acquainted with such affections of the mind that they have even prohibited donations to be made during the existence of marriage, for fear that, having been conquered by the overwhelming power of concupiscence, married persons may secretly and by degrees deprive themselves of their property. Hence We think that it is proper to regulate these matters by means of a chaste law.
  (1) Therefore We forbid persons who are occupying high positions, no matter what they may be—and this applies to Ourselves, as well as to Senators and persons of illustrious rank—to marry without any dotal contract. We also desire that a dowry and an ante-nuptial donation shall, by all means, be stipulated for, whenever marriages of persons of this description take place, as well as everything that is proper and becoming under such circumstances. But so far as others who occupy places of less importance and discharge honorable duties, or are members of respectable professions are concerned, if they should desire to lawfully marry women without entering into ante-nuptial contracts, they shall not do so indiscriminately, without security, and without proof; but they must repair to some house of worship, and declare their intention to the defender of the Most Holy Church, who, in the presence of three or four most reverend ecclesiastics, must draw up a statement in which shall be set forth that, during a certain indiction, month, day of the month, and year of Our reign, under Such-and-Such a Consul, So-and-So and So-and-So appeared before him in such-and-such a place of worship, and were united with one another. If both the parties interested approve of this attestation, whether they both appear or only one, they shall subscribe the above-mentioned statement, along with the defender of the holy church, and the three other ecclesiastics, or more of the latter if it is desired, but never less than three.
  (2) Where, however, the parties interested do not agree to this statement, the defender of the church shall, nevertheless, deposit it, bearing its aforesaid signature, among the archives of the most holy church (that is, where the sacred vessels are kept), in order that the proof of this transaction may be manifest to all, and the parties may not be considered as having been united by marital affection in any other way; and that the marriage may be established by documentary evidence; and when these formalities have been complied with, the marriage and the issue of the same shall be legitimate. We do not, however, order that this rule shall be observed when no dotal contract or ante-nuptial donation is made, for We enact the present law for the reason that We consider a marriage which can be only proved by witnesses as suspicious.
  (3) Anyone who is of abject condition, is the owner of little or no property, and is hardly able to obtain the necessaries of life, shall have permission to marry without making any contract. Nor do We investigate closely the marriages of farmers, or soldiers in military service whom the law styles caligati (that is to say, of low and obscure rank), who are ignorant of civil formalities for the reason that they are only occupied in agricultural pursuits, or devote themselves exclusively to the operations of war; and this is justly worthy of praise; for as persons of abject condition, soldiers in active service, and farmers, are authorized to contract marriage with one another without a written contract, so the children born of marriages of this kind are legitimate.

  Your Highness will, by suitable proclamations, communicate to all persons the matters having reference to the relief of mankind and the assistance of Nature, which We have been pleased to include in this law; so that Our subjects may learn from it the way in which the affairs to which it relates should be conducted, and reflect upon Our foresight in this respect, for by its enactment We have made every provision for their welfare.