The pater-fnmiliaa had not only under hia pa ternal power his own children, hut also the chil dren of his sons and grandsons,—in fact, all his descendants in the male line; and this authority continued in full force and vigor no matter what might be the age of those subject to it. The highest offices in the government did not refease the incumbent from the paternal authority. The victorious general or consul tu whom the h000rs of a triumph were decreed by the senate was sub ject to the paternal power in the same manner and to the same extent as the humblest citizen. It is to be observed, however, that the domestic subjec tion did not interfere with the capacity of exer cising the highest public functions in the state. The ehildrea of the daughter were not subject to the paternal authority of her father: they entered into the family of her husband. Women could never exercise the paternal power. And even when a woman was herself atti jtaie, she could not exercise the paternal power. It is for this reason, Ulpian observes, that the family of which a woman, eui juria, was the head, moter-familina, commenced and ended with her: mulier (futon familite awe et eaput et jinia eat. 1 Ortolan, 191 et Beg.
4. The modern civil law has hardly preserved any features of the old Roman jurisprudence con cerning the paternal power. Artille 233 of the Louisiana Code provides, it is trae, that a child. whatever he its age, owes honor and respect to its father and mother ; and the next article adds that the child re:liable under the authority of the father and mother until his majority or emancipation, and that in case of a difference of opinion between the parents the authority of the father shall pre vail. In the succeeding article obedience is en joined on the ehild to tho ordera of the parents as long as he remains subject to the paternal author ity. But artiole 236 renders the foregoing rules in
a great measure nugatory, by declaring that "a child under the age of puberty cannot quit the pa ternad house without the permission of hia father and mother, who have a right to correct him, pro vided it be done in a reasonable manner." So that the power of correction ceases with the age of four teen far boys and, twelve for girla: nay, at then ages the children may leave the paternal roof in opposition to the will of their parents. It is seen that, by the modern law, the paternal authority is vested in both parents, but practically it is gene raliy exercised by the father alone ; for wherever there is a difference of opinion his ivill -pyevails. The great object to be attained by the exorcise of the paternal power is the education of the children to prepare them for the battle of life, to make them useful citizens and respectable members nf society. During the ma.rriage, the parents are entitled to the enjoyment of the property of their minor chil dren, subject to the obligation of supporting and educating them, and of paying the taxes, making ' the necessary repairs, eto. Di-mations made to minors are accepted by their parents or other ascendants. The father has under his control all ' actions which it may be necessary to bring for bis minor children during the marriage. When the marriage is diasolved by the death of one of the spouses, the paternal power ceases, •and the tutorship is opened ; but the surviving parent is the natural tutor, and can at his death appoint a testamentary tutor to his minor children. See PA