Question — Decretum of Gratian
Question VII
GRATIAN. But concerning the question whether those born of incestuous unions are reckoned as children, Augustine determines it in the Book of Questions on Leviticus, chapter 77, saying as follows:
GRATIANUS. Quod autem queritur, si illi, qui de incestuosis nascuntur, filii reputentur, Augustinus in libro questionum super Leuiticum capitulo 77. determinat, ita dicens:
Friedberg, col. 1281/1282
C. UN. Those born of incestuous unions are not called children.
What does this mean: “Whoever sleeps with his female blood relative shall die without children,” since children both have previously been born from unions of this kind and are born even today? Or must it be understood that this was established by God’s law: that whoever are born of them are not reckoned as children and succeed to their parents by no right?
C. UN. Non appellantur filii, qui de incestuosis nascuntur.
Quid est: "Quicumque dormierit cum cognata sua, sine filiis morietur," cum filii ex huiusmodi coniunctionibus et ante nati sint, hodieque nascantur? An hoc intelligendum est lege Dei constitutum, ut quicumque ex eis nati fuerint non deputentur filii, et nullo parentibus iure succedant?
Friedberg, col. 1281/1282