ch the son was fictitiously sold and then
manumitted, or by imperial rescript. Our forethought, however, has
amended this by a constitution, which has abolished the old fictitious
form, and enabled parents to go directly to a competent judge or
magistrate, and in his presence release their sons or daughters,
grandsons or granddaughters, and so on, from their power. After this,
the father has by the praetor's edict the same rights over the property
of the emancipated child as a patron has over the property of his
freedman: and if at the time of emancipation the child, whether son or
daughter, or in some remoter degree of relationship, is beneath the age
of puberty, the father becomes by the emancipation his or her guardian.

7 It is to be noted, however, that a grandfather who has both a son,
and by that son a grandson or granddaughter, in his power, may either
release the son from his power and retain the grandson or granddaughter,
or emancipate both together; and a great-grandfather has the same
latitude of choice.

8 Again, if a father gives a son whom he has in his power in adoption
to the son's natural grandfather or great-grandfather, in accordance
with our constitution on this subject, that is to say, by declaring
his intention, before a judge with jurisdiction in the matter, in the
official records, and in the presence and with the consent of the person
adopted, the natural father's power is thereby extinguished, and passes
to the adoptive father, adoption by whom under these circumstances
retains, as we said, all its old legal consequences.

9 It is to be noted, that if your daughterinlaw conceives by your son,
and you emancipate or give the latter in adoption during her pregnancy,
the child when born will be in your power; but if the child is conceived
after its father's emancipation or adoption, it is in the power of its
natural father or its adoptive grandfather, as the case may be.

10 Children, whether natural or adoptive, are only very rarely able to
compel their parent to release them from his power.

TITLE XIII. OF GUARDIANSHIPS

Let us now pass on to another classification of persons. Persons
not subject to power may still be subject either to guardians or to
curators, or may be exempt from both forms of control. We will first
examine what persons are subject to guardians and curators, and thus
we shall know who are exempt from both kinds of control. And first of
persons subject to guardians