[PAULUS libro trigesimo quinto ad edictum. ] §23.2.14.prAdoptiuus filius si emancipetur, eam quae patris adoptiui uxor fuit ducere non potest, quia nouercae locum habet.
[PAULUS in the thirty-fifth book on the Edict.] If an adopted son is emancipated, he cannot marry her who was the wife of his adoptive father, because she holds the position of a stepmother.
§23.2.14.1Item si quis filium adoptauerit, uxorem eiusdem quae nurus loco est ne quidem post emancipationem filii ducere poterit, quoniam aliquando nurus ei fuit.
Likewise, if anyone has adopted a son, he cannot marry the latter's wife who holds the position of a daughter-in-law, even after the emancipation of the son, since she was once his daughter-in-law.
§23.2.14.2Seruiles quoque cognationes in hoc iure obseruandae sunt.
Relationships by blood among slaves must also be observed under this law.
igitur suam matrem manumissus non ducet uxorem: tantundem iuris est et in sorore et sororis filia.
Therefore, a freedman shall not marry his own mother; the same rule applies to a sister and a sister's daughter.
idem e contrario dicendum est, ut pater filiam non possit ducere, si ex seruitute manumissi sint, etsi dubitetur patrem eum esse.
The same must be said conversely, so that a father cannot marry his daughter, even if they have been manumitted from slavery, and even if it is doubted that he is her father.
unde nec uolgo quaesitam filiam pater naturalis potest uxorem ducere, quoniam in contrahendis matrimoniis naturale ius et pudor inspiciendus est: contra pudorem est autem filiam uxorem suam ducere.
Hence, a natural father cannot marry even a daughter born out of wedlock, since in contracting marriages natural law and moral decency must be respected; moreover, it is contrary to decency to marry one's own daughter.
§23.2.14.3Idem tamen, quod in seruilibus cognationibus constitutum est, etiam in seruilibus adfinitatibus seruandum est, ueluti ut eam, quae in contubernio patris fuerit, quasi nouercam non possim ducere, et contra eam, quae in contubernio filii fuerit, patrem quasi nurum non ducere: aeque nec matrem eius, quam quis in seruitute uxorem habuit, quasi socrum.
Yet, the same rule that has been established for blood relationships among slaves must also be observed for relationships by affinity among slaves; as, for instance, that I cannot marry a woman who lived in cohabitation with my father, as if she were my stepmother, and conversely, a father cannot marry a woman who lived in cohabitation with his son, as if she were his daughter-in-law; likewise, one cannot marry the mother of her whom one had as a wife in slavery, as if she were his mother-in-law.
cum enim cognatio seruilis intellegitur, quare non et adfinitas intellegatur? sed in re dubia certius et modestius est huiusmodi nuptiis abstinere.
For when a blood relationship among slaves is recognized, why should a relationship by affinity not also be recognized? But in a doubtful matter, it is safer and more modest to abstain from marriages of this kind.
§23.2.14.4Nunc uideamus, quomodo nouerca et priuigna et socrus et nurus intellegantur, ut sciamus, quas non liceat ducere.
Now let us see how stepmother, stepdaughter, mother-in-law, and daughter-in-law are understood, so that we may know whom it is not permitted to marry.
quidam nouercam per se patris uxorem et nurum filii uxorem et priuignam uxoris ex alio marito filiam intellegunt: sed quod ad hanc causam uerius est nec aui uxorem nec proaui duci posse.
Some understand by stepmother simply the father's wife, by daughter-in-law the son's wife, and by stepdaughter the wife's daughter by another husband; but what is more true for this purpose is that neither a grandfather's wife nor a great-grandfather's wife can be married.
duas ergo uel plures nouercas ducere non poterit: non mirum, nam et is qui adoptiuus est nec naturalis patris nec adoptiui uxorem ducere potest: sed et si plures uxores pater habuerit, nullam earum ducere possum.
Therefore, a man cannot marry two or more stepmothers; this is not surprising, for he who is an adopted son cannot marry the wife of either his natural or his adoptive father; moreover, if a father had several wives, I cannot marry any of them.
itaque socrus appellatione non tantum uxoris meae mater, sed et auia et proauia intellegitur, ut nullam earum ducere possim.
Thus, by the term "mother-in-law" is understood not only my wife's mother, but also her grandmother and great-grandmother, so that I cannot marry any of them.
nurus quoque appellatione non tantum filii uxor, sed et nepotis et pronepotis continetur, licet quidam has pronurus appellant. priuigna quoque non solum ea mihi intellegitur quae uxoris meae filia est, sed et neptis et proneptis, ut nullam earum ducere possim.
Also, under the term "daughter-in-law" is included not only the son's wife, but also the grandson's and great-grandson's wife, although some call these "grand-daughters-in-law." By "stepdaughter" is understood not only she who is my wife's daughter, but also her granddaughter and great-granddaughter, so that I cannot marry any of them.
item eius matrem, quam sponsam habui, non posse me uxorem ducere Augustus interpretatus est: fuisse enim eam socrum.
Likewise, Augustus interpreted that I cannot marry the mother of her whom I had as a betrothed, for she had been a mother-in-law.