In Roman Law Caesar's rights to authority or dominion over subject citizenry as emperor stemmed from his position as the "vicarious pater" or substitute father(see also patres consritpi, the conscripted fathers). The Emperor as father of the country was one of the few men who was sui juris as that system devolved into its centralized imperial position.
The authority of the imperium of Rome was at least twofold. Originally it (merum) was only outside the wall or jurisdiction and conferred by a lex curiata and came from the power of the sword to turn the life of wicked men
This is the military or police power of each man. Imperium within the walls (mixtum) was incident to jurisdiction (jurisdictio) established by application, contract and nexus. In time they both merged.
The office of imperium was vested by the people in the Imperator, which means commander in chief. As this office expanded during civil conflicts and fear, it merged with the office of Apotheos, which was literally the appointor of gods. These gods were simply the magistratus or judex imperium. They were court judges and those administering the courts throughout the ordered world of the Pax Romana. The same is true of government today.
In that world at the time of the Roman Empire, as in America today, there was a dual system of citizenship [see Citizen vs. Citizen]. Many men sought and seek emancipation from the rule of the imperium but were and are thwarted by a failure to understand the universal authority of the "vicarious pater". The modern civil powers are no different. In Roman and American history the family decayed and with it a dissipation of freedom.
The lawful effect of emancipation was to make the emancipated person become sui juris. Within God’s construction of the family, Husband and Wife were one and they held the imperium. This right and responsibility was too sacred to be manumitted with casual abandonment. A legal process was devised involving a patron or civil patronus, a nation’s Father. Cain, Nimrod, and Caesar wished to be free of God’s family plan or control it for themselves.
- "The patria potestas could not be dissolved immediately by manumissio (manumission), because the patria potestas must be viewed as an imperium, and not as a right of property like the power of a master over his slave.”
Confirmation of this manumission required a patron and was clothed in a form of a mancipatio (the release of the child) by pledging the son or daughter in three separate events. An analogous relation was formed between the patron and potentially freed individual, creating a nexus.
Rome was heavily populated with domestic servants and slaves. The imperium of Rome began granting greater and greater protections, privilege and gratuities. This act of manumission established the relation called patronus. This Patronus created a relation between manumissor and slave, which was also comparable to father and son. The patron of these manumissions of both sons and slaves was consolidated in the new world order of Rome.
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- "gladii potestatem ad anim advertendum in facinorosos homines men,"
- Unterholzner, Zeitschrift, vol. ii p. 139; Von den formen der Manumissio per Vindictam und der Emancipatio.