he civil law; while the former, if emancipated, are not
assisted even by the praetor. And there is nothing wrong in their
being thus differently treated, because civil changes can affect rights
annexed to a civil title, but not rights annexed to a natural title,
and natural descendants, though on emancipation they cease to be family
heirs, cannot cease to be children or grandchildren; whereas on
the other hand adoptive children are regarded as strangers after
emancipation, because they lose the title and name of son or daughter,
which they have acquired by a civil change, namely adoption, by another
civil change, namely emancipation.

12 And the rule is the same in the possession of goods against the will
which the praetor promises to children who are passed over in their
parent's testament, that is to say, are neither instituted nor duly
disinherited; for the praetor calls to this possession children who were
in their parent's power at the time of his decease, or emancipated, but
excludes those who at that time were in an adoptive family: still less
does he here admit adoptive children emancipated by their adoptive
father, for by emancipation they cease entirely to be children of his.

13 We should observe, however, that though children who are in an
adoptive family, or who are emancipated by their adoptive after the
decease of their natural father, are not admitted on the death of the
latter intestate by that part of the edict by which children are called
to the possession of goods, they are called by another part, namely that
which admits the cognates of the deceased, who, however, come in only
if there are no family heirs, emancipated children, or agnates to take
before them: for the praetor prefers children, whether family heirs
or emancipated, to all other claimants, ranking in the second degree
statutory successors, and in the third cognates, or next of kin.

14 All these rules, however, which to our predecessors were sufficient,
have received some emendation by the constitution which we have enacted
relative to persons who have been given in adoption to others by
their natural fathers; for we found cases in which sons by entering
an adoptive family forfeited their right of succeeding their natural
parents, and then, the tie of adoption being easily broken by
emancipation, lost all title to succeed their adoptive parents as well.
We have corrected this, in our usual manner, by a constitution which
enacts that,