“Under the Christian emperors concubinage was not favoured; but it
subsisted as a legal institution in the time of Justinian. At last Leo
the Philosopher, Emperor of the East, in a.d. 887, abrogated the laws
which permitted concubinage, as being contrary to religion and public
decency. ‘Why,’ said he, ‘should you prefer a muddy pool, when you can
drink at a purer fountain?’ The existence of this custom, however, was
long prolonged in the West among the Franks, Lombards, and Germans;
and it is notorious that the clergy for some time gave themselves up
to it without restraint.”
The practice of adoption prevailing in ancient Rome is well known, but
an account of it as it is retained in the French law may be thought
curious:—
“In France the usage of adoption was lost after the first race of
kings: it disappeared, not only in the customary provinces, but also
in the provinces governed by the written law. Re-established in 1792,
adoption is now sanctioned by the Civil Code. Adoption, however, is
only permitted to persons of either sex above the age of fifty, having
neither children nor other lawful descendants, and being at least
fifteen years older than the individual adopted. No married person can
adopt without the consent of the other spouse. The privilege can only
be exercised in favour of one who has been an object of the adopter’s
care for at least six years during minority, or of one who has saved
the life of the adopter in battle, from fire, or from drowning. In the
latter case the only restriction respecting the age of the parties is,
that the adopter shall be older than the adopted, and shall have
attained his majority. In no case can adoption take place before the
majority of the person proposed to be adopted.
“The form of adoption consists of a declaration of consent by the
parties before a justice of the peace for the place where the adopter
resides, after which the transaction requires to be approved of by the
tribunal of first instance. After adoption, the adopted person retains
all his rights as a member of his natural family. He acquires no right
of succession to the property of any relation of the adopter; but in
regard to the property of the adopter himself, he has precisely the
same rights as a child born in marriage, even although there should be
other children born in marriage after his adoption. The adopted takes
the name of the adopter in addition to his own. No marriage can take
place between the adopter and the adopted, or his descendants, and in
certain other cases specified.
“The practice of adoption, which is better suited to some states of
society than to others, still prevails among Eastern nations. It has
never been recognised as a legal institution in England or Scotland.”
Public-domain text, read in full here on John Shaqi.
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