Christianity and Science

INFANTICIDE IN ROME.

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theatralibus, ludis, vel arenarum spectaculis in ipsis locis, in quibus hæc adsolent celebrari, se prohibente, gaudentem, vel sibi veneno, vel gladio, aut alio simili modo insidiatricem, vel contra nostrum imperium aliquid machinantibus consciam, seu falsitatis se crimini immiscentem, invenerit, aut manus audaces sibi probaverit ingerentem, tunc enim necessario ei discedendi permittimus facultatem, et causas dissidii legibus comprobare."

The Church from the very first adhered to the stricter evangelic law of divorce, which, with the growing ascendency of the Church, prevailed in the legislation of the empire, as it did in the codes of all Christian nations till a comparatively recent period.

The first law annulling the power of the father over the child's life is an edict of Constantine (A.D. 318), which subjects the father who kills his child to the normal punishment of the parricide; namely, being sewed up in a bag with a cock, an ape, and a viper, and thrown into the sea, or the nearest river.

With regard to infanticide, we have from Lactantius ample proof that the practice prevailed without reproach or shame until the beginning of the fourth century. In A.D. 315 we find an edict of Constantine recognizing the practice as prevalent. "Let all the cities of Italy take note of this law, which is designed to turn aside the hands of fathers from child-murder, and to inspire them with a better mind. If any father has children whom he is too poor to feed and clothe, let food and clothing be furnished without delay from our treasury and our domain; for aid to be given to new-born children does not admit of

delay." [This, we believe, was the earliest poor-law in the Roman empire.] Theodosius subsequently made the exposure of children a capital crime.

In addition to the quasi-castrense peculium, which under Constantine was made to include the income of various offices, Constantine sanctioned by his imperial edict the peculium adventitium, which embraced whatever came to the son from his mother, whether by will or by inheritance. Subsequent Christian emperors enlarged this peculium, so as to include whatever might come by bequest, succession, or gift from the child's maternal kindred, as also gifts from the wife to the husband or from the husband to the wife ; and Justinian, finally, extended it to whatever came to the child from any source other than the father himself.

NOTE R.- PAGE 204.

The following is the edict of Constantine (A.D. 312) referred to in the text: "Nec immoderate jure suo utatur [dominus]: sed tunc reus homicidii sit, si voluntate eum [servum] ictu fustis aut lapidis cæciderit; vel certe telo usus, lethale vulnus inflixerit, aut suspendi laqueo præceperit, vel jussione tetra præcipitandum esse mandaverit, aut veneni virus infuderit, vel dilaniaverit pœnis publicis corpus, ferarum unguibus latera persecando, vel exurendo oblatis ignibus membra, aut tabescentes artus atro sanguine permixta sanie defluentes, prope in ipsis adegerit cruciatibus vitam relinquere sævitia immanium Barbarorum.'