[ULPIANUS libro quinquagensimo quarto ad edictum. ] §40.12.1.prSi quando is, qui in possessione seruitutis constitutus est, litigare de condicione sua non patitur, quod forte sibi suoque generi uellet aliquam iniuriam inferre, in hoc casu aequum est quibusdam personis dari licentiam pro eo litigare: ut puta parenti, qui dicat filium in sua potestate esse: nam etiamsi nolit filius, pro eo litigabit.
If at any time a person who is placed in the possession of slavery does not allow a lawsuit to be brought concerning his status, perhaps because he is afraid of bringing some disgrace upon himself and his family, in this case it is equitable that permission be given to certain persons to litigate on his behalf: as for example, to a parent who asserts that his son is in his power; for even if the son is unwilling, the parent will litigate on his behalf.
sed et si in potestate non sit, parenti dabitur hoc ius, quia semper parentis interest filium seruitutem non subire.
But even if the son is not in his power, this right will be granted to the parent, because it is always of concern to the parent that his son should not undergo slavery.
§40.12.1.1Uersa etiam uice dicemus liberis parentium etiam inuitorum eandem facultatem dari: neque enim modica filii ignominia est, si parentem seruum habeat.
Conversely, we shall also say that the same capacity is granted to children even against the will of their parents; for indeed, it is no small disgrace for a son to have a parent who is a slave.
§40.12.1.2Idcirco uisum est cognatis etiam hoc dari debere.
For this reason, it has been held that this ought to be granted to cognates as well.