Another imperial edict ordered that no new-born could be taken from the
place where it had been found without the presence of witnesses. A form
was drawn up which was to be signed by the bishop.
In 438, these regulations were collected by Theodosius the Second under
the Code that bears his name.
In 451, Valentinian the Third declared that the _nutritor_, or person
who had taken up the child, should receive an indemnity, independent of
the years of service, and fixed the price to be paid him. The Emperor
also declared that those who had sold children to barbarians, or who
had purchased a free person for the purpose of transporting him across
seas, should be compelled to pay to the _fisc_, six ounces of gold.[384]
Following the preachings of the Fathers, and supplementing and
strengthening the laws of the Empire, the Church at various councils,
called always for some other purpose, took action and frequently
condemned the loose morals of the day.
Not orations, nor apologies and pleas alone, says Labourt, would have
brought about the new point of view among people so hard pressed and
so thoroughly imbued with the ideas of another civilization. At the
Council of Ancyra, the modern city of Angora, in the year 314, it
was decreed that the woman guilty of killing her offspring should be
punished by being forbidden to enter a church for the rest of her life,
a terrible punishment in those days.
At the Council of Elvira, the first one held in Spain, by some held to
have met before 250, but by Tillemont placed in the year 300, a decree
limited the period of retribution to ten years, of which two were to be
passed in weeping, at the end of which time the recreant mother could
receive the sacraments.
At a Council in 546, the period of penitence was reduced to seven
years. At the Council of Constantinople, in 588, or 592, the crime
was compared to homicide, and finally Sixtus Quintus and Gregory the
Fourteenth stated that the culprits should suffer capital punishment.
At the Council of Nicaea, in 325,—the famous council at which a
controversy between Bishop Arius and Bishop Athanasius was “settled,”
with the result that Arius was declared a heretic,—it was prescribed,
in Article Seventy of its conclusions, that in each village of the
Christian world there should be established an asylum, under the name
of the _Xenodocheion_, the object of which was to assist voyageurs,
the sick, and the poor. Without doubt, as Labourt suggests, these
places became asylums for abandoned children.
The question of the property right was one that the Church had to face
in the Council of Vaison, in 442. Frequently after charitable strangers
had taken children off the highways, educated them, and brought them
up, their parents or their owners would demand their return. It was a
vital question of the day: to whom did these children belong?
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account