Tutor and Pupils

Tutors were appointed for children under the age of puberty. The office of tutor resembled somewhat that of the guardian in English law, but corresponded more nearly to that of the English trustee. The duties of the tutor had to do chiefly with the property and contracts of the child, and only to a limited extent related to his person. It was, indeed, the duty of the tutor to see that provision was made for the custody and education of his pupillus, but he was not required personally to undertake this task. Usually, when the child's father appointed the tutor by will, he made provision in the will also for the custody and education of the child.

The person named in the will obtained the custody unless the child's relatives objected and the praetor sustained the objections. If no one was named in the will, the child's mother was entitled to the custody so long as she remained unmarried. If the tutor or the child's relatives objected to the mother's having the custody, the praetor settled the question, having regard to the mother's character and position.

The tutor was bound to make a proper allowance out of the property of the pupillus for his support, but not out of his own property if the pupillus had none. The amount of the allowance might be fixed by the instrument appointing the tutor, or by the prsetor upon the application of tutor or pupillus, or by the tutor upon his own responsibility if he acted in good faith.

The office of tutor was regarded as a sort of public office the acceptance of which was obligatory on those who were duly nominated. Although the tutor received no compensation, he could not refuse to perform this public duty. How- ever, numerous excuses, of no present interest, were recognized which often enabled persons nominated to claim exemption from service. Before entering upon the discharge of his duties the tutor was required to give security, though tutors appointed by will or by the superior magistrates were exempt from giving security.

The tntcia ended with puberty of the pupil, and also by the death or change of status of either tutor or pupil, or by the discharge of the tutor by a magistrate for cause, or by the expiration of the period for which the tutor was appointed.

When the pupillus reached the age of puberty, it was the duty of the tutor to inform him of that fact and urge him to seek a curator to manage his affairs during his minority, i. e., until he was twenty-five. It was also his duty to render an account and settle with his pupillus.

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Effects of Marriage with Manus

By the strict marriage the wife passed into the marital power of her husband {in manum viri). The manus or marital power may be regarded as a particular form of the patria potestas. An uxor in manu was a member of her husband's household. Although called a materfamilias, this term did not have a meaning corresponding to the term paterfamilias. The wife was not the head of the family. She stood legally in the position of a daughter {in loco filiafamilias) of her husband. If she had children she was regarded as a sister of her own children. The relation of husband and wife, both as regards the wife's person and her property, was governed by the same rules of law as governed the relation of father and child. The law of husband and wife may, therefore, be considered as merely a particular branch of the law of parent and child. The husband had, in general, the same power over the person of his wife in manu as the father had over his child. Anciently, it may be suppo...
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Slavery by Birth

The children of a female slave became the slaves of her master. The status of the father as free or slave was immaterial. The general rule governing the determination of the status of a child, whether as free or slave, or as citizen or alien, was as follows : Children born in lawful wedlock had the status of the father at the moment of conception, children born out of wedlock had the status of the mother at the moment of birth. Hence if the father of a child of a lawful marriage was free at the moment of conception, the child was free although the father should subsequently lose his freedom. As to children born out of wedlock, the general rule, as above stated, was that it was the status of the mother at the moment of birth that determined the status of the child. If the mother was free at the moment of conception but a slave at the moment of birth, the child was a slave, and conversely. This was the earlier law, but the rule was modified in the interest of liber...
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Mandate (Mandatum)

Mandate (mandatum) was a contract by which one person mandatarius agreed to do something gratuitously at the request of another mandator , who, on his part, agreed to save him harmless from all loss in so doing. The mandator was said to give the mandatory a mandate, or commission to do the act in question. The term mandatum is sometimes translated "agency", but this translation is misleading. The mandatory is not properly described as an agent. Mandate was the only gratuitous consensual contract; the others, sale, hiring, and partnership, all being founded upon a consideration. Like the others, it was a bona fidei negotium , and bound the parties to do all that was required by good faith. It was of the essence of the contract of mandate that the mandatory should act gratuitously. But while this was true in a strict legal sense, it was allowed to agree upon a sum to be paid as a honorium , or salary, which might be recovered only by a special action and not b...
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