in the Roman law, the setting free a son from the subjection of his father; so that whatever moveables he acquires belong in property to him, and not to his father, as before emancipation.

Emancipation puts the son in a capacity of managing his own affairs, and of marrying without his father's consent, though a minor. Emancipation differs from manumission, as the latter was the act of a master in favour of a slave, whereas the former was that of a father in favour of his son.

There were two kinds of emancipation: the one tacit, which was by the son's being promoted to some dignity, by his coming of age, or by his marrying; in all which cases he became his own master of course. The other, express; where the father declared before a judge, that he emancipated his son. In performing this, the father was first to tell his son imaginarily to another, whom they called pater fiduciarium, father in trust; of whom being brought back again by the natural father, he manumitted him before the judge by a verbal declaration.

Emancipation formerly obtained in France with regard to minors or pupils, who were hereby set at liberty to manage their own effects, without the advice or direction of their parents or tutors.