Latin
1.1.162 to 1.1.166
Roman Law and Society, The Institutes of Gaius 1.1.162-166
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(124) Let us now consider in what ways those who are subject to the authority of another are released from it. (125) And, in the first place, let us examine those who are under the power of others. (126) We can understand from what has been stated above with reference to the manumission of slaves, how they are freed from the power of their masters. (127) Children who are under the authority of their father become their own masters at his death. The following distinction, however, must be made, namely: When a father dies, his sons and his daughters always become independent; but when a grandfather dies, his grandsons and granddaughters do not, under all circumstances, become independent, but only where, after the death of their grandfather, they do not again pass under the control of their father. Therefore, if at the time of the death of their grandfather their father was living and was under the control of his father, they pass under the control of their father after the death of their grandfather; but if, at the time of the death of their grandfather, their father was either dead or had been released from the control of his father, then the grandchildren, for the reason that they cannot pass under his control, will become their own masters. (128) As a person who, on account of the commission of some crime, has been interdicted from water and fire under the Lex Cornelia ,loses his Roman citizenship, and for this reason is excluded from the number of Roman citizens, his children cease to be under his control, just as if he were dead; for reason does not permit that a person of the condition of an alien should have a Roman citizen subject to this authority. In like manner, if anyone who is in the power of his father is interdicted from water and fire, he ceases to be under his control, as it is not reasonable that a man of the condition of an alien should be under the parental authority of a Roman citizen.