# Institutes of Gaius 1.1.83-86

Roman Law and Society, Institutes of Gaius, 1.1.83 to 1.1.86. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/institutes-of-gaius/1.1.83

(54) But, as among Roman citizens, a double ownership may exist (for a slave is understood to be subject to bonitarian or quiritarian right or to belong to both these classes) so we merely say that a slave is in the power of his owner if he forms part of his property by bonitarian right, even if at the same time he may not belong to him by quiritarian right; for anyone who has the bare quiritarian right in a slave is not understood to have him in his power. (55) In like manner, our children whom we have begotten in lawful marriage are under our control. This right is peculiar to Roman citizens, for there are hardly any other men who have such authority over their children as we have, and this the Divine Hadrian stated in the Edict which he published with reference to persons who petitioned for Roman citizenship for themselves and for their children, for he said: "It does not escape my knowledge that the Galatians hold that children are in the power of their parents." (56) Roman citizens are understood to have contracted marriage according to the Civil Law and to have the children begotten by them in their power if they marry Roman citizens, or even Latins or foreigners whom they have the right to marry; for the result of legal marriage is that the children follow the condition of the father and not only are Roman citizens by birth, but also become subject to paternal authority. (57) Therefore, certain veterans are usually granted permission by the Imperial Constitutions to contract civil marriage with those Latin or foreign women whom they first marry after their discharge, and the children born of such unions become Roman citizens by birth, and are subject to the authority of their fathers.

---

Roman Law and Society, Institutes of Gaius. Text: The Latin Library (thelatinlibrary.com), used with permission. Changes: HTML markup removed and the text divided into reading sections by Interlinea.
License: Used with permission (https://www.thelatinlibrary.com/about.html). Source: http://thelatinlibrary.com/law/gaius.html.