adoption agree in this point, that persons incapable
of procreation by natural impotence are permitted to adopt, whereas
castrated persons are not allowed to do so.

10 Again, women cannot adopt, for even their natural children are not
subject to their power; but by the imperial clemency they are enabled to
adopt, to comfort them for the loss of children who have been taken from
them.

11 It is peculiar to adoption by imperial rescript, that children in the
power of the person adrogated, as well as their father, fall under the
power of the adrogator, assuming the position of grandchildren. Thus
Augustus did not adopt Tiberius until Tiberius had adopted Germanicus,
in order that the latter might become his own grandson directly the
second adoption was made.

12 The old writers record a judicious opinion contained in the writings
of Cato, that the adoption of a slave by his master is equivalent to
manumission. In accordance with this we have in our wisdom ruled by a
constitution that a slave to whom his master gives the title of son by
the solemn form of a record is thereby made free, although this is not
sufficient to confer on him the rights of a son.

TITLE XII. OF THE MODES IN WHICH PATERNAL POWER IS EXTINGUISHED

Let us now examine the modes in which persons dependent on a superior
become independent. How slaves are freed from the power of their
masters can be gathered from what has already been said respecting their
manumission. Children under paternal power become independent at the
parent's death, subject, however, to the following distinction.
The death of a father always releases his sons and daughters from
dependence; the death of a grandfather releases his grandchildren from
dependence only provided that it does not subject them to the power of
their father. Thus, if at the death of the grandfather the father is
alive and in his power, the grandchildren, after the grandfather's
death, are in the power of the father; but if at the time of the
grandfather's death the father is dead, or not subject to the
grandfather, the grandchildren will not fall under his power, but become
independent.

1 As deportation to an island for some penal offence entails loss of
citizenship, such removal of a man from the list of Roman citizens has,
like his death, the effect of liberating his children from his power;
and conversely, the deportation of a person subject to paternal power
terminates the power of the parent