PATRIA. POTESTAS (Lat.). In Civil Law. The paternal power ; the authority which the law vests in the father over the per sons and property of his legitimate children. 2. One of the effects of marriage is the paternal authority over the children born in wedlock. In the early period of the Roman history, the paternal authority was unlimited : tha father b adthe absolute control over his children, and might even, as the domestic magistrate of his family, condemn them to death. They could acquire nothing except for the benefit of the poter-familiae (which see); and they were even liable to he sold and reduced to slavery by the author of their existence. But in the progress of civilization this stern rule was gra dually relaxed; the voice of nature and humanity was listened to on behalf of the oppressed children of a cruel and heartless father. A passage in the 37th book, t. 12, 5, of the Pandects informs us that. in the year 870 of Rome, the emperor Trajan eorepelled a father to release his son from the pa ternal authority, on account of cruel treatment. The same emperor sentenced a father to transport ation because he had killed his son in a hunting party, although the son had been guilty of adultery with his stepmother; for, says Marcianus, who reports the case, patria pateataa pietate debet, non in atroeitate, eatteiatere. Ulpiacus says that's, father is not permitted to kill his son without a judgment from the prefect or the president of the province. In the year 981 of Rome, the emperor Alexander Severus addressed a constitution to a father, which is found in the 8th book, t. 47, 3, of the Justinian Code, in which he says, "Your paternal authority authorizes you to chastise your son; and, if ha persists in his mis conduct, you may bring him before the president of the province, who will seotenee him to such punishuient as you may desire." In the same book and title of the Code we find a constitution of the emperor Constantine, dated in the year of Rome 1065, which inflicts the punishment de nounced against parrioide on the father who shall be convicted of having killed his son. The power of selling tha child, which at first was unlimited, was also much restricted, and finally altogether abolished, by subsequent legislation, especially during the empire. Paulus, who wrote about the middle of the tenth century of Rome, informs us that tha father eould only sell his child in case of ,extrcino poverty : eontemplatione extrema 'tie aut alimentarunt gratia. In 1039 of Rome,
Diocletian and Maximian declare in a rescript that it is beyond doubt (manifeatieeinti juria) that a falher can neither sell nor pledge nor donate hie children. Constantine, in 1959, permitted the sale by the father of his ohild, at its birth and when forced to do so by abject poverty: propter niatiam paupertatem egeatatentgue vietue ; and the same law is re-enacted in the Code of Justinian. C. 4. 43, t. 2, 3.
3. The father, being hound to indemnify the party who had been injured hy the offences of his child, could release himself from this responsibility by on abandonment of the offender, in the same manner as the master could abandon hie slave for a similar purpose,--noxati mum maueipare. This power of abandonment continued to exist, with re gard to male ehildren, up to the time of Gains, in the year 925 of Rome. But by the Institutes of Jostinian it is forbidden. Inst. 4. 8. 7.
With regard to the rights of the father to the property the child might acquire, it was originally as extensive and absolute na if it had been acquired by a slave: the child could possess nothing nor acquire any thing that did not belong to the father. It is true, tbe child might possess a peenlium; but of this he had only a precarious enjoyment, subject to the will and pleasure of the father. Under tha first emperors a distin.ction was made in favor of the son as to such property as had been acquired by him in the army, which was called eastrenae peenlium, to which the son acquired a title in him self. Constantine extended this rule by applying it to such property as the child had acquired by ser vices in offices held in the state or by following a liberal profession: this was denominated guaai eoatrettae peculiunt. He also created the peou/ium adveatitiant, which was composed of all property inherited by the son from his mother, whether by will or ab inteetat ; but the father had the usu fruct of this peeulium. Areadius and Honorius ex tended it to every thing the son acquired hy suc cession or donations from his grandfather or mo ther lir other aseendauts in the maternal line. Theodosius and Valentinian embraced in it what ever was given hy 000 of the spouses to the other; and Justinian included in it every thing acquired by the son, except such as waa produced hy pro perty belonging to the father himself. It is thus seen that, by the legislation of Justinian and his predecessors, the paternal power with regard to property was almost entirely destroyed.