The Emperor Constantine had declared that those who received them had
a right to them and the Emperor Honorius had added the restriction
that the Church must know of the adoption. Many were the arguments and
the legal battles that ensued, during which time people were little
inclined to rescue the abandoned infants and many perished as victims
of the voracity of dogs, many as the victims of hunger and cold.[385]
These conditions were presented to the Council, which ordered the
following measures:
“Whoever takes up an abandoned child shall bring him to the Church
where that fact will be certified. The following Sunday the priest
will announce that a new-born child has been found and ten days will
be allowed to the real parents to claim their infant. When these
formalities have been complied with, if any one then claims a child or
in any way calumniates those who have received it, he will be punished
according to the Church laws against homicide.”[386]
Ten years later the act of the Council of Vaison was sanctioned at the
Council of Arles and again in 505, by the Council of Agde.
It has been said that this was comparatively little when one thinks
of this great union of bishops representing not only the interests of
religion but “the moral needs of the epoch.” On the other hand, any
criticism would be unjust that did not take into consideration the fact
that it was great progress in the face of great poverty and greater
barbarity.[387]
Church and State united in the movement for the protection of the child
in the laws of Justinian, who, raised to the throne in 527, published
in 529, and with considerable changes in 534, a collection of laws that
have immortalized his name, in which the great lawyer Tribonian remade
the three other codes, the Gregorian, Hermogenian, and the Theodosian.
Justinian proclaimed absolute liberty for foundling children, declaring
that they were not the property of either the parents who exposed them
or of those who received them.
One of these laws, promulgated in 553, punished severely those who
tried to hold as slaves, children who had been exposed. This law
stated expressly that all children left at churches or other places
were absolutely free. It also stated that the act of exposing a child
exceeded the cruelty of an ordinary murder, inasmuch as it struck at
the most feeble and the most pitiable.
Public-domain text, read in full here on John Shaqi.
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