u liber; that
is to say, on paying the price for which he was sold, he became entirely
free. See Hugo, Hist. Section 61--W.]

[Footnote 106: By Justinian, the old law, the jus necis of the Roman
father (Institut. l. iv. tit. ix. No. 7) is reported and reprobated.
Some legal vestiges are left in the Pandects (l. xliii. tit. xxix. leg.
3, No. 4) and the Collatio Legum Romanarum et Mosaicarum, (tit. ii. No.
3, p. 189.)]

[Footnote 107: Except on public occasions, and in the actual exercise of
his office. In publicis locis atque muneribus, atque actionibus
patrum, jura cum filiorum qui in magistratu sunt potestatibus collata
interquiescere paullulum et connivere, &c., (Aul. Gellius, Noctes
Atticae, ii. 2.) The Lessons of the philosopher Taurus were justified by
the old and memorable example of Fabius; and we may contemplate the same
story in the style of Livy (xxiv. 44) and the homely idiom of Claudius
Quadri garius the annalist.]

The first limitation of paternal power is ascribed to the justice and
humanity of Numa; and the maid who, with his father's consent, had
espoused a freeman, was protected from the disgrace of becoming the
wife of a slave. In the first ages, when the city was pressed, and often
famished, by her Latin and Tuscan neighbors, the sale of children might
be a frequent practice; but as a Roman could not legally purchase the
liberty of his fellow-citizen, the market must gradually fail, and the
trade would be destroyed by the conquests of the republic. An imperfect
right of property was at length communicated to sons; and the threefold
distinction of profectitious, adventitious, and professional was
ascertained by the jurisprudence of the Code and Pandects. [108] Of all
that proceeded from the father, he imparted only the use, and reserved
the absolute dominion; yet if his goods were sold, the filial portion
was excepted, by a favorable interpretation, from the demands of
the creditors. In whatever accrued by marriage, gift, or collateral
succession, the property was secured to the son; but the father, unless
he had been specially excluded, enjoyed the usufruct during his life.
As a just and prudent reward of military virtue, the spoils of the enemy
were acquired, possessed, and bequeathed by the soldier alone; and the
fair analogy was extended to the emoluments of any liberal profession,
the salary of public service, and the sacred liberality of the emperor
or empress. The life of a citizen was less e