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514 THE DECLINE AND FALL [Chap, xliv had already tried. By this epithet of natural, the offspring of the concubine were distinguished from the spurious brood of adultery, prostitution, and incest, to whom Justinian reluctantly grants the necessary aliments of life ; and these natural children alone were capable of succeeding to a sixth part of the inheri- tance of their reputed father. According to the rigour of law, bastards were entitled only to the name and condition of their mother, from whom they might derive the character of a slave, a stranger, or a citizen. The outcasts of every family were adopted without reproach as the children of the state. 136 Guardians The relation of guardian and ward, or in Roman words, of tutor and pupil, which covers so many titles of the Institutes and Pandects, 137 is of a very simple and uniform nature. The person and property of an orphan must always be trusted to the custody of some discreet friend. If the deceased father had not signified his choice, the agnats, or paternal kindred of the nearest degree, were compelled to act as the natural guardians : the Athenians were apprehensive of exposing the infant to the power of those most interested in his death ; but an axiom of Roman jurisprudence has pronounced that the charge of tutelage should constantly attend the emolument of succession. If the choice of the father and the line of con- sanguinity afforded no efficient guardian, the failure was sup- plied by the nomination of the praetor of the city 138 or the president of the province. But the person whom they named to this public office might be legally excused by insanity or blindness, by ignorance or inability, by previous enmity or ad- verse interest, by the number of children or guardianships with which he was already burthened, and by the immunities which were granted to the useful labours of magistrates, lawyers, physicians, and professors. Till the infant could speak and think, he was represented by the tutor, whose authority was 136 See the article of guardians and wards in the Institutes (1. i. tit. xiii.-xxvi.), the Pandects (1. xxvi. xxvii.), and the Code (1. v. tit. xxviii.-lxx.). 137 The humble but legal rights of concubines and natural children are stated in the Institutes (1. i. tit. x.), the Pandects (1. i. tit. vii.), the Code (1. v. tit. xv.), and the Novels (lxxiv. lxxxix.). The researches of Heineccius and Giannone (ad Legem Juliam et Papiam-Poppream, c. iv. p. 164-175. Opere Posthume, p. 108-158) illustrate this interesting and domestic subject. [All previous studies have been superseded by Paul Meyer's treatise, Der romische Konkubinat, 1895.] 138 [Marcus Aurelius instituted a special office for this purpose, the prastor tutelaris. Justinian divided the functions between him and the preefect of the city (Piome or Constantinople).]