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are the nearest persons born outside of, the circle of agnatic
kinship.
The head of each household in China is a domestic autocrat. His power is controlled only by public opinion, by the custom of his village, and by the fact that an appeal lies from him to the family elders. Such an appeal would almost always be brought by the maternal uncle. Again an appeal lies from the family elders to the clan elders.
Now a Chinese household consists of various classes of persons. 1. The wife. 2. The secondary wives. 3. The children whether natural born or adopted. 4.The mui tsai.
The point however on which I wish to lay stress is this. That whenever a Chinese marries a wife, institutes a concubine,
adopts a son or acquires a mui tsai, there is always a form of
sale. What is the meaning of this form of sale.
The meaning is I think perfectly clear and a reference to Roman
Law, where the system of patria potestas was fully developed
will clear up the matter.
Justinian Lib. 1. Tit. XII. states "Children also cease to be
under the power of their ascendents by emancipation. Formerly
emancipation was effected by adopting the process of the ancient law, consisting of imaginary sales, each followed by a
manumission". Gaius throws more light on the subject.
1. 113. "In coemption the right of Hand over a woman is vested
in a person to whom she is conveyed by a mancipation or imaginan
sale"
Again 1. £132. "Emancipation also liberates children from the power of the parent, a son being liberated by three mancipations, other issue, male or female by a single mancipation." The Law of the XII Tables is quoted in this section "If a father sell a son three times, the son shall be free from the father". Many more sections might be quoted to explain my meaning. It seems clear that where the system of patria potestas is developed
In both aome act must be done to dissolve the paternal bond.
China
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