[MARCIANUS libro primo institutionum. ] §38.2.22.prSi filius familias miles manumittat, secundum Iuliani quidem sententiam, quam libro uicensimo septimo digestorum probat, patris libertum faciet: sed quamdiu, inquit, uiuit, praefertur filius in bona eius patri.
[MARCIANUS, in the first book of Institutes.] If a son under paternal power who is a soldier manumits a slave, according to the opinion of Iulianus which he approves in the twenty-seventh book of his Digests, he makes him the freedman of his father; but, he says, as long as the son lives, the son is preferred to the father with respect to the goods of the freedman.
sed diuus Hadrianus Flauio Apro rescripsit suum libertum eum facere, non patris.
However, the deified Hadrian wrote in a rescript to Flavius Aper that the son makes him his own freedman, and not his father's.