The Institutes of Justinian by Unknown
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page 17 of 272 (06%)
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to evade this my enactment, I shall visit his offence with severe
punishment.' TITLE IX OF PATERNAL POWER Our children whom we have begotten in lawful wedlock are in our power. 1 Wedlock or matrimony is the union of male and female, involving the habitual intercourse of daily life. 2 The power which we have over our children is peculiar to Roman citizens, and is found in no other nation. 3 The offspring then of you and your wife is in your power, and so too is that of your son and his wife, that is to say, your grandson and grand- daughter, and so on. But the offspring of your daughter is not in your power, but in that of its own father. TITLE X OF MARRIAGE Roman citizens are joined together in lawful wedlock when they are united according to law, the man having reached years of puberty, and the woman being of a marriageable age, whether they be independent or dependent: provided that, in the latter case, they must have the consent of the parents in whose power they respectively are, the necessity of which, and even of its being given before the marriage takes place, is recognised no less by natural reason than by law. Hence the question has arisen, can the daughter or son of a lunatic lawfully contract marriage? and as the doubt still remained with regard to the son, we decided that, like the daughter, the son of a lunatic might marry |
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