[Footnote !: See, however, the two fragments of laws in the
newly discovered extracts from the Theodosian Code,
published by M. A. Peyron, at Turin. By the first law of
Constantine, the legitimate offspring could alone inherit;
where there were no near legitimate relatives, the
inheritance went to the fiscus. The son of a certain
Licinianus, who had inherited his father's property under
the supposition that he was legitimate, and had been
promoted to a place of dignity, was to be degraded, his
property confiscated, himself punished with stripes and
imprisonment. By the second, all persons, even of the
highest rank, senators, perfectissimi, decemvirs, were to be
declared infamous, and out of the protection of the Roman
law, if born ex ancilla, vel ancillae filia, vel liberta,
vel libertae filia, sive Romana facta, seu Latina, vel
scaenicae filia, vel ex tabernaria, vel ex tabernariae
filia, vel humili vel abjecta, vel lenonis, aut arenarii
filia, vel quae mercimoniis publicis praefuit. Whatever a
fond father had conferred on such children was revoked, and
either restored to the legitimate children, or confiscated
to the state; the mothers, who were guily of thus poisoning
the minds of the fathers, were to be put to the torture
(tormentis subici jubemus.) The unfortunate son of
Licinianus, it appears from this second law, having fled,
had been taken, and was ordered to be kept in chains to work
in the Gynaeceum at Carthage. Cod. Theodor ab. A. Person, 87
- 90. - M.]
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