Latin
1.1.174 to 1.1.177
Roman Law and Society, The Institutes of Gaius 1.1.174-177
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(135a) We understand that the same rule applies to the case of a grandson who has been mancipated once, as it does to that of a son who has been mancipated three times, for, as we stated above, what three sales accomplished with reference to a son, one accomplishes in the case of a grandson. (136) A woman placed in the hand of her husband by confarreation is not, for this reason, at present, released from paternal authority unless the ceremony of coemption has been performed; for it is provided by the Lex Asinia Antistia enacted during the Consulate of Cornelius Maximus and Tubero, with reference to priestesses of Jupiter being in the hand of their husbands as far as relates to the sacred rites; but in all other respects they are considered as not being under such restraint. Where, however, women are placed in the hand of their husbands by coemption, they are released from parental control; and it makes no difference whether they are placed in the hand of their husbands, or in that of strangers; although those alone are considered to occupy the place of daughters who are placed in the hand of their husbands. (137) Women placed in the hand of their husbands by coemption cease to be subject to this authority in the same way as daughters under the control of their father; that is to say, either by the death of him in whose power they are, or because he has been interdicted from water and fire. (137a) They also cease to be in the hand of their husbands by remancipation; and if emancipated after a single sale they become their own mistresses. A woman who has concluded a coemption with a stranger by way of trust, can compel him to sell her again to anyone whom she may select; but one who has been sold to her husband, in whose hand she is, cannot compel him to do so, any more than a daughter can compel her father, even though she may be an adopted daughter. A woman, however, can, by serving notice of repudiation, force her husband to release her, just as if she had never been married.