PATBIA POTESTAS is the term used to express the power which the civil law gave to the Roman father over his children, and which has been the foundation of the greatly modified plternal authority recognized in modern systems of jurisprudence. The right of a parent to control his child not come to years of discretion is a part of natural law, but the more extensive patria potestas of the Romans was probably a relic of those early times in which families, or tribes considered as families, led a wandering pastoral life in dread of each other, under the guinance of a chief, whom it was necessary to invest with an almost unlimited authority.
By the Roman law, the patria potestas was acquired naturally, by the birth of a child in wedlock, or civilly, by legitimation or adoption. An unemancipated son or daughter, a grandchild by a son, or any other descendant by males, was viewed as a part of the pareo's property. In early times at father had the power of life and death over his children; by the laws of the twelve tables he could sell them as slaves, or could transfer them to another family by adoption. Under the republic, the despotic authority exer cised by fathers over their offspring was practically limited to a considerable extent by i the censors, and several emperors issued constitutions to restrain the cruelties often per petrated by fathers towards their children. First the right of sale, and then that of life and death was taken away. Aleiander Severus restricted the right of the father to modenite chastisement, and Constantine declared that the father who should kill his son was to be held guilty of murder. By the early Roman law, the son, being in his father's power, could not acquire property for himself; his acquisitions all belonged to his father; hence lie was incapable of making a testament. There were, however, particularly in later times, modes, by which he could acquire pcenlittm, or property which should lie independent of his father. A father might give his sou property to trade on, which would be his own; and latterly a son acquired for himselfwhatever he gained in military service. or by the discharge of certain civil functions. In all matters belonging to the jusyttb/ieuta a son was independent of his father; he could vote at the elections, hold the most important offices of state, or command the army. He could also be a tutor, tutory being considered a mums publicum. In later times a son promoted to the consular dignity ceased to be under the restraints of paternal control, but, unlike an emancipated son. he retained his rights of succession. Lawful children were entitled to aliment from their parents; an obligation attached in the first instance to the father and mother, and, failing them, to the grandfather. Until the time of Justinian, illegitimate children had
only a claim for support against their mother; that emperor gave them a right to demand aliment from their father.
In no modern system has the paternal power been carried so far as under the Roman law. According to the French " code civile," a child is under the authority of his parents till majority or emancipation; tip • to that time lie cannot quit the paternal resi dence without leave of his father, except for enrollment in the army at 18 years of age. Majority is attained at the age of 21, but a minor is emancipated by marriage. At 15 a minor may be emancipated by his father, or, if his father he dead, by his mother, by a simple declaration before a magistrate. The father possesses somewhat extensive powers of chastisement. He may obtain a warrant to arrest his child under 16, and detain him in prison for a month; and an order may be obtained for the incarceration for six months of a child above 16, on cause shOwn to the satisfaction of the magistrate. Parents are entitled to the usufruct of their children's property till the age of 18 or emancipation, subject to the burdens of maintenance and education; but ibis right does not extend to property acquired by the industry of the children, or bequeathed by asstrangcr under the condi tion of an exclusion of paternal interference.
By the law of England, a father is guardian to his lawful children in minority, though this right ceases to some extent at 14. He has the power of moderate chastisement. As guardian he receives the rents of any real estate which the child may possess, which he must account for when majority is attained. The paternal power never extends beyond majority, and, to sonic effect, marriage acts as an emancipation. A father may by (Iced appoint a guardian to such of his children as are unmarried at his death till (hay attain majority.
In Scotland a father has a general control over the persons of his children durh pupilarity; that is, till the age of 14 in the case of sons, and 12 iii the case of daughters. He may fix their place of residence. direct their education, and inflict reasonable chastise ment. The limits of the patria potestas as regards children who have attained puberty. but are under 21 years of age, are not very exactly defined; but it seems to be understood that in ordinary circumstances minors are not entitled-to choose their own place of resi dence in defiance of paternal authority. The father is administrator-in-law, and tutor and curator of Ins children, unless in the case of an estate left by a stranger and placed under separate management. This guardianship ceases on majority, or on the marriage of a daughter