uld not have
adorned the tragedy or pastoral of the tender Racine.]

[Footnote 134: The Aegyptia conjux of Virgil (Aeneid, viii. 688) seems
to be numbered among the monsters who warred with Mark Antony against
Augustus, the senate, and the gods of Italy.]

[Footnote 1341: The Edict of Constantine first conferred this right; for
Augustus had prohibited the taking as a concubine a woman who might be
taken as a wife; and if marriage took place afterwards, this marriage
made no change in the rights of the children born before it; recourse
was then had to adoption, properly called arrogation.--G.]

[Footnote 135: The humble but legal rights of concubines and natural
children are stated in the Institutes, (l. i. tit. x.,) the Pandects,
(l. i. tit. vii.,) the Code, (l. v. tit. xxv.,) and the Novels, (lxxiv.
lxxxix.) The researches of Heineccius and Giannone, (ad Legem Juliam
et Papiam-Poppaeam, c. iv. p. 164-175. Opere Posthume, p. 108--158)
illustrate this interesting and domestic subject.]

[Footnote 1351: 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on such children was revoked, and either restored to the legitimate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 guilty 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.
The