[IDEM libro uicensimo sexto ad Sabinum. ] §1.6.8.prPatre furioso liberi nihilominus in patris sui potestate sunt: idem et in omnibus est parentibus, qui habent liberos in potestate.
[THE SAME in the twenty-sixth book on Sabinus.] Although the father is insane, the children are nevertheless in their father's power; the same is also true of all parents who have children in their power.
nam cum ius potestatis moribus sit receptum nec possit desinere quis habere in potestate, nisi exierint liberi quibus casibus solent, nequaquam dubitandum est remanere eos in potestate.
For since the right of power has been received by custom, and no one can cease to have someone in their power unless the children should escape from it by those cases in which they usually do, it is by no means to be doubted that they remain in power.
quare non solum eos liberos in potestate habebit, quos ante furorem genuit, uerum et si qui ante furorem concepti in furore editi sunt.
Therefore, he will have in his power not only those children whom he begot before his insanity, but also any who, having been conceived before his insanity, were born during his insanity.
sed et si in furore agente eo uxor concipiat, uidendum an in potestate eius nascatur filius: nam furiosus licet uxorem ducere non possit, retinere tamen matrimonium potest: quod cum ita se habeat, in potestate filium habebit.
But even if his wife should conceive while he is insane, we must see whether a son is born into his power; for although an insane person cannot marry a wife, he can nevertheless retain his marriage; and since this is the case, he will have the son in his power.
proinde et si furiosa sit uxor, ex ea ante conceptus in potestate nascetur: sed et in furore eius conceptus ab eo qui non furebat sine dubio in potestate nascetur, quia retinetur matrimonium.
Accordingly, even if the wife is insane, a child conceived by her beforehand will be born into his power; but also a child conceived during her insanity by the husband who was not insane will without a doubt be born into his power, because the marriage is retained.
sed et si ambo in furore agant et uxor et maritus et tunc concipiat, partus in potestate patris nascetur, quasi uoluntatis reliquiis in furiosis manentibus: nam cum consistat matrimonium altero furente, consistet et utroque.
But even if both the wife and the husband are insane, and she then conceives, the offspring will be born into the power of the father, as if some remains of consent persisted in the insane; for since the marriage stands when one of them is insane, it will also stand when both are.
§1.6.8.1Adeo autem retinet ius potestatis pater furiosus, ut et adquiratur illi commodum eius, quod filius adquisiuit.
Moreover, the insane father retains the right of power to such a degree that any advantage of what the son has acquired is also acquired for him.