De officio praetorum
(Concerning the Office of the Prætors.)
1Ulpianus, On Sabinus, Book XXVI. A father can manumit before a son who is under his control, if the son is a Prætor.
2Paulus, On Sabinus, Book IV. It is also settled that he himself can be emancipated or give in adoption in his own tribunal.
3Ulpianus, On Sabinus, Book XXXVIII. Barbarus Philippus, a fugitive slave, sought the prætorship of Rome, and was appointed Prætor. Pomponius is of the opinion that his condition as a slave was no obstacle to his holding the office of Prætor. It is true that he performed the duties of that office, still, let us consider the case of a slave having kept his condition secret for a long time, while he discharged his duty as Prætor. Will all that he decided or decreed be of no force or effect? What shall We say? Or will it be valid on account of the welfare of those who instituted proceedings before him either under the law, or by virtue of some other legal right? Indeed, I think that none of these things should be rejected; for this is the more humane view to take, since the Roman people had the power to invest a slave with this authority, and if they had known that he was such they would have granted him his freedom. Much more must this right be considered well founded with respect to the Emperor.
4The Same, On All Tribunals, Book I. A Prætor cannot appoint himself a guardian, or a judge in any special proceeding.