The Sins of the Fathers: A Neglected Constitution of Diocletian on Incest
Simon Corcoran
Abstract This article argues that a constitution attributed to Diocletian and Maximian in canon law ms from Paris, but Justinian four Code mss, excluded the main edition of currently used by scholars, is genuine tetrarchic rescript. It prevents incest-born (not previously penalised under Roman law), holding judicial or other posts, unless these incurred burdensome obligations, reflecting imperial concerns over demarcations rank performance civic duties, also Diocletian's emphasis on traditional morality. The addressee probably governor some eastern province, which local practice clashed. language suits third-century rescript, although wording may represent Justinianic re-editing. With no apparent influence later legislation, its textual history uncertain, Paris text with Diocletianic attribution should line transmission superior copies.
Journal of Legal History