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BOOK FORTY-THREEIPRODUCTION OF CHILDREN 131 is so far true that some have thought that not even a small dispensation of time should be allowed for producing him, because the penalty must be paid for the deed that has already been done. 3. The interdict is not available to a creditor for the production of a debtor. For nobody is compelled to produce a debtor who is in hiding, but his goods are subject to distraint under the praetor's edict. PRODUCTION OF CHILDREN AND THEIR ABDUCTION I ULPIAN, Edict, book 7 1 .The praetor says: "You are to produce the person who is in the power of Lucius Titius, if he or she is in your keeping, or you have fraudulently arranged for him or her not to be in your keeping." 1. This interdict is provided against anyone who is required by someone to produce somebody who, he says, is in his power. And from the wording it appears that this interdict is available to the person in whose power he or she is. 2. In this interdict, the praetor does not admit consideration of the reason why the person to be produced is in the keeping of the one addressed, as he does in the interdict above, but has thought he should be produced in any event, if he is in power. 3. But if it is the mother who is retaining him, since it is sometimes the case that a son should remain in her custody rather than the father's, for the best possible reasons, the deified Pius ruled in a decree, and Marcus and Severus ruled in rescripts, that she might properly be helped by a defense. 4. In the same way, if judgment has been given that he is not in power, even if the judgment was given wrongly, a defense of judgment given will bar an action brought under this interdict, so that inquiry should be made not whether he is in power but whether judgment was given. 5. If someone wishes to take away his daughter who is married to me or wishes her to be produced for him, may a defense be granted against the interdict, if the father should happen to wish to dissolve a harmonious marriage, perhaps supported by children too? We do follow the fixed rule that truly harmonious marriages should not be disrupted by the exercise of the right of parental power. But this is to be applied by persuading the father not to exercise his parental power harshly. 2 HERMOGENIAN, Epztome o f Law, book 6: Even more, a husband has the right to sue her father for the production of his wife and to take her away, even if her father has the wife in his power. 3 ULPIAN,Edzct, book 71: The praetor then says: "If Lucius Titius is in the power of Lucius Titius, I forbid the use of force to prevent him from taking Lucius Titius with him." 1. The above interdicts are for production, that is to say, they are for the production of children and others of whom we have spoken above. This interdict is for taking away, so that anyone may take with him those he has a right to take. So the earlier interdict for the production of children is preparatory to this interdict; for the child was to be produced to enable someone to take him away with him. 2. This interdict is to be granted for the same reasons that we have said make the interdict for the production of children available. So whatever we have said there is to be taken as having been said here. 3. This interdict is inapplicable against the son himself, if someone should wish to take him away; but in any case there should be somebody to defend him under the interdict. However, the interdict is inapplicable here, and the decision of the praetor will take its place, so that it will be argued before him whether or not someone is in power. 4. Julian says that whenever this interdict is moved for taking away a son, or cognttio is held, and the son in question is zmpi~bes, the matter should sometimes be deferred to the time of puberty, and sometimes decided immediately. This is to be decided by consideration of the persons between whom there is controversy and of the type of case. For if he who says he is the father should be a man of...


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