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
Together with these measures for the protection of exposed children, there
were laws directly condemnatory of infanticide. This branch of the subject
is obscured by much ambiguity and controversy; but it appears most
probable that the Pagan legislation reckoned infanticide as a form of
homicide, though, being deemed less atrocious than other forms of
homicide, it was punished, not by death, but by banishment.(40) A law of
Constantine, intended principally, and perhaps exclusively, for Africa,
where the sacrifices of children to Saturn were very common, assimilated
to parricide the murder of a child by its father;(41) and finally,
Valentinian, in A.D. 374, made all infanticide a capital offence,(42) and
especially enjoined the punishment of exposition.(43) A law of the Spanish
Visigoths, in the seventh century, punished infanticide and abortion with
death or blindness.(44) In the Capitularies of Charlemagne the former
crime was punished as homicide.(45)
It is not possible to ascertain, with any degree of accuracy, what
diminution of infanticide resulted from these measures. It may, however,
be safely asserted that the publicity of the trade in exposed children
became impossible under the influence of Christianity, and that the sense
of the serious nature of the crime was very considerably increased. The
extreme destitution, which was one of its most fertile causes, was met by
Christian charity. Many exposed children appear to have been educated by
individual Christians.(46) Brephotrophia and Orphanotrophia are among the
earliest recorded charitable institutions of the Church; but it is not
certain that exposed children were admitted into them, and we find no
trace for several centuries of Christian foundling hospitals. This form of
charity grew up gradually in the early part of the middle ages. It is said
that one existed at Trêves in the sixth, and at Angers in the seventh
century, and it is certain that one existed at Milan in the eighth
century.(47) The Council of Rouen, in the ninth century, invited women who
had secretly borne children to place them at the door of the church, and
undertook to provide for them if they were not reclaimed. It is probable
that they were brought up among the numerous slaves or serfs attached to
the ecclesiastical properties; for a decree of the Council of Arles, in
the fifth century, and afterwards a law of Charlemagne, had echoed the
enactment of Constantine, declaring that exposed children should be the
slaves of their protectors. As slavery declined, the memorials of many
sins, like many other of the discordant elements of mediæval society, were
doubtless absorbed and consecrated in the monastic societies. The strong
sense always evinced in the Church of the enormity of unchastity probably
rendered the ecclesiastics more cautious in this than in other forms of
charity, for institutions especially intended for deserted children
advanced but slowly. Even Rome, the mother of many charities, could boast
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