30 See passages on this point cited by Godefroy in his _Commentary to the Law __“__De Expositis,__”__ Codex Theod._ lib. v. tit. 7. _ 31 Codex Theod._ lib. xi. tit. 27. _ 32 Codex Theod._ lib. v. tit. 7, lex. 1. _ 33 Ibid._ lib. v. tit. 8, lex 1. 34 See Godefroy’s _Commentary to the Law_. 35 In a letter to the younger Pliny. (_Ep._ x. 72.) 36 See on this point Muratori, _Antich. Ital._ Diss. xxxvii. 37 See on these laws, Wallon, _Hist. de l’Esclavage_, tome iii. pp. 52, 53. 38 See _Cod. Theod._ lib. iii. tit. 3, lex 1, and the Commentary. 39 On the very persistent denunciation of this practice by the Fathers, see many examples in Terme et Monfalcon. 40 This is a mere question of definition, upon which lawyers have expended much learning and discussion. Cujas thought the Romans considered infanticide a crime, but a crime generically different from homicide. Godefroy maintains that it was classified as homicide, but that, being esteemed less heinous than the other forms of homicide, it was only punished by exile. See the Commentary to _Cod. Theod._ lib. ix. tit. 14, l. 1. _ 41 Cod. Theod._ lib. ix. tit. 15. _ 42 Ibid._ lib. ix. tit. 14, lex 1. _ 43 Corp. Juris_, lib. viii. tit. 52, lex 2. _ 44 Leges Wisigothorum_ (lib. vi. tit. 3, lex 7) and other laws (lib. iv. tit. 4) condemned exposition. 45 “Si quis infantem necaverit ut homicida teneatur.”—_Capit._ vii. 168. 46 It appears, from a passage of St. Augustine, that Christian virgins were accustomed to collect exposed children and to have them brought into the church. See Terme et Monfalcon, _Hist. des Enfans trouvés_, p. 74. 47 Compare Labourt, _Rech. sur les Enfans trouvés_, pp. 32, 33; Muratori, _Antichità Italiane_, Dissert. xxxvii. Muratori has also briefly noticed the history of these charities in his _Carità Christiana_, cap. xxvii. 48 The first seems to have been the hospital of Sta. Maria in Sassia, which had existed with various changes from the eighth century, but was made a foundling hospital and confided to the care of Guy of Montpellier in A.D. 1204. According to one tradition, Pope Innocent III. had been shocked at hearing of infants drawn in the nets of fishermen from the Tiber. According to another, he was inspired by an angel. Compare Remacle, _Hospices d’Enfans trouvés_, pp. 36-37, and Amydemus, _Pietas Romana_ (a book written A.D. 1624, and translated in part into English in A.D. 1687), Eng. trans, pp. 2, 3. 49 For the little that is known about this missionary of charity, compare Remacle, _Hospices d’Enfans trouvés_, pp. 34-44; and Labourt, _Recherches historiques sur les Enfans trouvés_, pp. 38-41. 50 E.g. the amphitheatre of Verona was only built under Diocletian.