Quaestionum libri
Ex libro XXXI
Papinianus, Questions, Book XXXI. However, a boy who is under puberty and has been adopted, should sometimes be heard if, having arrived at puberty, he desires to be emancipated; and this must be determined by the judge after the case has been stated. 1The Emperor Titius Antoninus decided in a Rescript that it was permissible for a man to adopt his stepson of whom he was guardian.
The Same, Questions, Book XXXI. If the son should die first at home, there is no reason for discussing the pupillary substitution, either because the son under paternal control is understood to have died during the lifetime of his father; or because his father not having returned, the son, on this account, is considered to have become his own master from the very moment when his father was taken by the enemy. 1If, however, both of them should be in captivity, and the father dies first, the Cornelian Law will suffice to establish the pupillary substitution, just as if the son should die at home after the father had expired in the hands of the enemy.