Latin
1.1.167 to 1.1.170
Roman Law and Society, Institutes of Gaius 1.1.167-170
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(129) Even if the father should be taken captive by the enemy and thereby become the enemy's slave, nevertheless, his authority over his children remains in abeyance under the law of postliminium ,by which those who were captured by the enemy and return, recover all their former rights; and, therefore, if he should return, he will have his children in his power. If, however, he should die while in captivity, his children will become their own masters; but it may be doubted whether this took place at the time when the father died in the hands of the enemy, or at the time when he was captured. Likewise, if the son himself, or a grandson, should be taken captive by the enemy, we say that the authority of the father remains in abeyance on account of the law of postliminium . (130) Moreover, male children are released from paternal authority if they are installed priests of Jupiter; and females, if they are chosen Vestal Virgins. (131) In former times also, when the Roman people were accustomed to establish colonies in Latin territory, sons, who, by the order of their father, placed their names upon the roll of the Latin colony, ceased to be under the control of their father, because they became citizens of another State. (132) Again, children cease to be under parental authority by means of mancipation. A son, however, by three mancipations, and other children either of the male or female sex by a single mancipation, are released from parental authority; for the Law of the Twelve Tables only mentions three mancipations with reference to a son, as follows: "If a father sells his son three times, let him be free from the control of his father." This ceremony takes place in the following manner. The father sells his son to a third party, and the latter manumits him by the wand of the prætor, and by doing so, he is restored to the control of his father; and the latter then sells him a second time, either to the same person or to another (but it is customary to sell him to the same person); and he again manumits him in the same way, and by this act the son is again placed in the power of his father; and the father then sells him a third time, either to the same person or to another (it is customary, however, for him to be sold to the same person), and by virtue of this sale he ceases to be under the control of his father, even though he has not yet been manumitted, but still remains in the condition of one who has been sold.