To this he added, in 321, including the provinces:
“We have learned that the inhabitants of provinces, suffering from
scarcity of food, sell and put in pledge their children. We command
then that those found in this situation, without any personal resource,
and being able only with great trouble to support their children, be
succoured by our treasury before they fall under the blows of poverty;
for it is repugnant to our morals that any one under our Empire should
be pushed by hunger to commit a crime.”[381]
Ten years later, Constantine had to modify the laws in relation to
children—so acute were the sufferings in the Empire—by permitting those
who “took up” children to have the right of property in them.[382]
“Whoever,” said Constantine in his latest law, “has taken in a new-born
boy or girl, exposed by the order and with the knowledge of its father
or master, outside of the house of the one or the other, has the power
to keep him as son or slave without fear that those who rejected him
can reclaim him.”
The conditions of the times, as Dugour points out, are well shown by
the frequency with which these conditions are referred to. Julius
Firmicus, an astrologer of the fourth century, devotes a chapter of
his work to revealing combinations of planets that will tell what will
be the fate of the child that is exposed. Under certain signs the
child will perish through lack of food; under others it will drown;
under still another it will be eaten by dogs, and another combination
indicated that it would find a saviour and a second father.
In 374, the Emperors Valentinian, Valens, and Gratian declared that the
exposure of all infants was punishable, and ordered that parents see
to it that their children were fed. The main question that seemed to
agitate both the Empire of the East and the Empire of the West was that
of the rights of the adoptive parent, as against those who owned the
land where the child had been abandoned.
“Let men look to it that they nourish their children. If they expose
them, they may be punished in conformity with the law. If other persons
take the children up they cannot be reclaimed; as people cannot take
again children they have wilfully permitted to perish.”
In 391, Valentinian, Theodosius, and Arcadius permitted, by other law,
the child sold by its father to become a free man after a short term of
servitude, without reimbursing a master.[383]
In 409, Honorius and Theodosius issued an edict in favour of Romans
sold to other Romans, limiting the period of slavery to five years.
Nevertheless, in 412, Honorius and Theodosius confirmed the law of
Constantine concerning the sale of infants purchased or taken up with
the knowledge of the bishop of the diocese.
An edict of the emperors maintained the rights of the adoptive parents.
The right of the latter to their property was also confirmed in cases
where the parent or master willingly and knowingly had allowed the
child to be exposed.
Public-domain text, read in full here on John Shaqi.
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