History of European Morals From Augustus to Charlemagne (Vol. 2 of 2) — John Shaqi
History of European Morals From Augustus to Charlemagne (Vol. 2 of 2)Lecky, William Edward Hartpole
Philosophy
History of European Morals From Augustus to Charlemagne (Vol. 2 of 2)
Lecky, William Edward Hartpole
Ethics; Europe -- Moral conditions
The last two laws cannot be regarded with unmingled satisfaction. The law
regulating the condition of exposed children, though undoubtedly enacted
with the most benevolent intentions, was in some degree a retrograde step,
the Pagan laws having provided that the father might always withdraw the
child he had exposed, from servitude, by payment of the expenses incurred
in supporting it,(34) while Trajan had even decided that the exposed child
could not become under any circumstance a slave.(35) The law of
Constantine, on the other hand, doomed it to an irrevocable servitude; and
this law continued in force till A.D. 529, when Justinian, reverting to
the principle of Trajan, decreed that not only the father lost all
legitimate authority over his child by exposing it, but also that the
person who had saved it could not by that act deprive it of its natural
liberty. But this law applied only to the Eastern Empire; and in part at
least of the West(36) the servitude of exposed infants continued for
centuries, and appears only to have terminated with the general extinction
of slavery in Europe. The law of Constantine concerning the sale of
children was also a step, though perhaps a necessary step, of
retrogression. A series of emperors, among whom Caracalla was conspicuous,
had denounced and endeavoured to abolish, as “shameful,” the traffic in
free children, and Diocletian had expressly and absolutely condemned
it.(37) The extreme misery, however, resulting from the civil wars under
Constantine, had rendered it necessary to authorise the old practice of
selling children in the case of absolute destitution, which, though it had
been condemned, had probably never altogether ceased. Theodosius the Great
attempted to take a step in advance, by decreeing that the children thus
sold might regain their freedom without the repayment of the
purchase-money, a temporary service being a sufficient compensation for
the purchase;(38) but this measure was repealed by Valentinian III. The
sale of children in case of great necessity, though denounced by the
Fathers,(39) continued long after the time of Theodosius, nor does any
Christian emperor appear to have enforced the humane enactment of
Diocletian.
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