Note 85 — Chapter I · THE PATRIARCHAL THEORY

"The last vestiges of the two disappeared from the law together. But, in fact, agnation went first. The paternal powers were susceptible of abridgment and restriction in various ways short of extinction. The wife might become free from them; the children also; and yet they might remain for the slaves. And it was thus gradually that they perished. But agnation is perfect, or it ceases to be agnation. And the moment the ties of blood through women received civil effects agnation was no more."—Patriarchal Theory, 182. On the decay of agnation and patria potestas see Sohm, Institutes, 357, 358, 389-93, 438-47; Puchta, Institutionen, II, 18, 384 ff., 431 ff., 457 ff.; Muirhead, Introduction to the Private Law of Rome, 422 ff., 343-49; Maine, Ancient Law, chap. v; Morey, Roman Law, 78, 129, 150, 240-43, 248.