Children's Rights

 

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    He that spareth his rod hateth his son: but he that loveth him chasteneth him betimes.
    Proverbs 13:24

     

    In the past the Christian Church condoned all manner of evil done to children. It tried and executed them for witchcraft and for other offences. It saw nothing wrong in beating them frequently and severely for minor wrongdoing — even for other people's wrongdoing. It terrified them with stories of Hell. It allowed them to contract arranged marriages. It failed to speak out against child labour because it saw nothing at all wrong in the practice. For many centuries the Church opposed the education of poor children, except in the few cases where boys could be drawn into its own service. Girls were denied education altogether. In punishing children for sins they had not committed, there seems to have been almost no concept of fairness or rights. Thus, the Church made much of the concept of bastardy:

    Bastardy, or illegitimacy, was a condition imposed upon a child by the canon law as a punishment for the sin of the parents who conceived it by illicit connection. By a legal fiction, a child born out of wedlock was no one's child, filius nullius*.

    The idea of punishing children for the acts of their parents could easily be justified on scriptural grounds:

    ...I the Lord thy God am a jealous God, visiting the iniquity of the fathers upon the children unto the third and fourth generation of them that hate me; Exodus 20:5

    Also, as theological authorities pointed out, God had punished the children of Sodom by death, for the sins of their fathers*, so the punishment of innocent children was easily justified*. Good Christians were, as they pointed out, only following God's own precedent.

    The stigma of illegitimacy has now virtually disappeared in secular societies, and the civil law has been amended, but canon law continues to discriminate against the illegitimate. In the Church of England they cannot for example become bishops. Other Churches stick to the traditional line that illegitimacy is a bar to ordination. In the past the Church punished other children for the supposed sins of their fathers, and grandchildren for the sins of their grandfathers*.

    The Church has always been strong on punishment and has only recently adopted a cautious stand on corporal punishment for children. As usual the worst excess could be justified on biblical grounds:

    The blueness of a wound cleanseth away evil ...
    Proverbs 20:30

    Foolishness is bound in the heart of a child; but the rod of correction shall drive it far from him.
    Proverbs 22:15

    Withhold not correction from the child: for if thou beatest him with the rod, he shall not die. Thou shalt beat him with the rod, and shalt deliver his soul from hell. Proverbs 23:13-14

    At the time of writing there is still a steady flow of children who die at the hands of Christian parents and guardians who interpret these passages in the traditional way. Several are reported in national newspapers each year. Under secular pressure corporal punishment of children in schools was made illegal in many countries in the late twentieth century. Church schools — and only church schools — were still mounting legal challenges to this into the third millennium*. Their arguments were based on the biblical passages cited above, which, as the complainants pointed out, not only permit but also require corporal punishment.

    Institutional abuse — physical, emotional and sexual — also continued well into the twentieth century. The abuse was widespread, and hardly a secret within the Churches, yet no one seems to have thought of informing the secular authorities, or doing anything to stop the abuse. Children without parents to look after their welfare were particularly vulnerable. The "orphans" who were taken from their parents and sent to British colonies were routinely abused, along with real orphans. To take just one example abuse continued for over 90 years at an orphanage run by the Sisters of Mercy until it was exposed in 1976. Nuns had used a red-hot poker on one child to "exorcise the Devil" and forced another to put her leg in boiling water (causing permanent damage) as a punishment for not washing in hot enough water. Another developed a dangerous infection after a nun used pliers to pull out her toenails. Injured children were hidden from visitors in an underground cell without bedding, ventilation or light. Sexual abuse by priests and other men was "routine". Professor Bruce Grundy, who investigated the Order's activities, referred to the "Madness, ruthless and sadistic madness, on the part of at least some of the nuns, and the depthless depravity on the part of some of the men who inhabited the place"*. These activities were far from unusual, and similar behaviour has been exposed in numerous Christian orphanages throughout the world.

    Commitment to family carried no weight at all for religious people. Nuns who had children were widely accused of infanticide for many centuries. According to the Church, there were other explanations for such missing children. They had been carried off by angels and given to someone else to bring them up. The illustration on the right is medieval and shows a baby boy, recently delivered of an abbess (who was suitably penitant about her crime). Angels have removed the baby and are shown here delivering it to a hermit living in a remote place - providing an ostensible reason why the baby would never be seen again. Even imagining some element of truth in the story, no contemporary Christian considered it at all odd that a new mother should be separated from her baby, and handed over to a celibate man who had abandoned all links to his own family.

    The Medieval Inquisition was permitted to torture witnesses, but not if they were girls below the age of 12 or boys below the age of 14. This did not stop its zealous officers, who believed themselves to be doing God's work, who needed to answer to no one when they ignored the rules, and who were empowered to figive each other for their excesses of Christian zeal.

    In England children over the age of seven were liable to the death penalty, and few if any clergymen seem to have found this at all questionable, at least until the rise of secularism. A 13-year-old was hanged at Maidstone as late as 1831 and a 14-year-old in 1833*.

    For years to come, younger children would be sentenced to death, but were invariably reprieved, until the death penalty for those aged under 16 was abolished in 1908.

     

    Christian Child Marriage

    To listen to the Church's current views on the subject of sexual abuse of children, one could easily form the opinion that the Church has always been opposed to sexual activity below the age of 16, or even older. In fact when the Church had control of these matters the age of consent to sexual relations was 7 (though marriage contracts were voidable up to the age of 12 for a girl and 14 for a boy).

    A marriage between a grown man and a little girl was as good as any other in the eyes of the Church*. For dynastic reasons toddlers could be, and were, married to each other in church, though the civil courts would grant a divorce if one of the parties later objected.*.

    Here is the basic cannon law:

    Betrothals cannot be contracted before the seventh year. For they can be contracted only with consent, which requires each party to understand what they agree to. (Decretum gratiani, Case 30, q II)*.

    But the Church would sometimes uphold marriages below the age of seven, for example in one case a man had married a girl under the age of seven, and had then left her to marry her cousin. Pope Eugene provided the following decision:

    "A young man, who took a girl not yet seven years old in marriage, appears not to have consummated the marriage he entered, due to age or some other human disability.

    In doubtful matters, we are to follow the safer course. So, because she was called and possibly is his wife, we command you that he be divorced on the grounds of ecclesiastical propriety from the girl's cousin, whom he afterwards took".
    (Decretals of Pope Gregory IX , Book Four, Title I Betrothals and Marriages, C. 3.)

    Pope Hormisdas wtiting to Bishop Eusebius indicated that a father cannot insist on who an adult son should marry, he can decide who an infant son should marry:

    "But if the son is not yet an adult, and his will cannot be discerned, his father may give him to whomever he wishes in marriage, and when the son reaches maturity, he must fulfill this entirely".
    (cited in the Decretals of Gregory IX , Book Four, Title II C1..)

    There was also a special exemption for powerful nobles, who could marry off their children for dynastic reasons at any age - even new born babies. The euphemism for this was a marriage "for the sake of peace". Here is the revelant law:

    Two prepubescents, or a prepubescent and one older, are not to be married, except for the sake of peace. (Decretals of Gregory IX , Book Four, title II C. 2.)

    Other interesting cases include one where a man married a young girl, but then took her mother as a wife (the question being which to recognise as the legal wife) and another one where a man has had sexual intercourse with a wife aged under 12 (the question being whether the sexual intercourse has sealed the marriage bond)*

    In general the rule was that children could be betrothed at seven. When they reached puberty (ie the age of 12 for girls and fourteen for boys) they were allowed to accept or reject the arrangement, as long as they had not already had sexual intercourse.

    Prepubescents contracting betrothal may not be separated before puberty, but after puberty they may if they reject the betrothal, unless they have had carnal intercourse.
    (Decretals of Gregory IX , Book Four, Title II C. 8)

    Here is a specific cease:

    From Your Fraternity's letter we gather that a certain girl of twelve was sworn and betrothed to a certain boy of nine or ten. With the passing of time, by the will of her parents rather than her own, as she asserts, she was taken to the home of the boy's father, and there, protesting and resisting, as you say you have heard from her lips, and forced by the arguments and the threats of the parents, she stayed for a year or more. Then she left and returned home. Admonished by her mother, and later by you, as you assert, she completely refused to return to him, asserting that she did not, and still does not, want him as a husband. She now asks permission to marry another. The boy, as you letter says, had not yet reached the age of fourteen, nor did he ever have access carnally to the girl. Therefore, we reply to Your Discretion as follows: If the girl is warned zealously by you to wait until the boy completes his fourteenth year of age, and will not wait in accord with your warning, you may, by our authority, give her the liberty and permission to take another man as husband, in accord with what has been stipulated.
    (Decretals of Gregory IX , Book Four, Title II C. 11)

    Many Christian sources now claim that Christian child marriage was always very rare and restricted to great noble houses. We know that this is not true through several sources. Although child marriages were not always recorded, divorces were recorded by the courts - and since we know of countless thousands of child divorces, we can safely assume that there were more marriages than divorces by a significant factor. We also have have written evidence that contemporarries took child marriage for granted. In Shakespeare's Romeo and Juliet, Juliet was just 13. Her mother, who was 26 refers to her almost an old maid.

    The children of Henry II had been married in babyhood, and the Council of Westminster (1175) conceded that these could be valid marriages "pro bono pacis" (for the sake of peace), A few examples of Christian child marriages - taking just supposed saints the greatest nobles whose dates can be easily confirmed - are:

    • Saint Theophanes Confessor was married at the age of twelve around 770
    • Eleanor of Aquitaine was fifteen when she married Louis VII of France in 1137.
    • Theodora Comnena was thirteen when she was married King Baldwin III of Jerusalem in 1158.
    • Agnes of France was twelve when (already widowed) she was married to Andronicus Comnenus, Byzantine Emperor in 1182.
    • Sancha of Aragon, aged 8 was betrothed to Raymond VII of Toulouse in March 1211.
    • the Treaty of Meaux-Paris 1229, included a requirement for nine year old Joan of Toulouse to marry nine year old Alphonse of Poitiers (they were betrothed in the same year, and their marriage ceremony took place in 1239)
    • Saint Elizabeth of Portugal was twelve when she married to King Denis of Portugal in 1281.
    • Margaret Countess of Tyro, was married at the age of twelve to eight-year-old John Henry of Luxembourg, a younger son of King John of Bohemia, in 1300
    • Saint Clara Gambacorta was married at the age of twelve in 1374 and widowed at the age of fifteen.
    • Saint Rita of Cascia was twelve when she was married to Paolo Mancini in 1393 against her will, and delivered her first child as the same age.
    • Isabel of France was eight when she married Richard II of England in 1396.
    • Blanche of England was eight years old when her marriage contract was signed on 7 March 1401. The formal marriage ceremony between Blanche and Louis III, Elector Palatine, took place just over a year later, shortly after her tenth birthday.
    • Philippa of England was married at the age of twelve to Eric of Pomerania on 26 October 1406
    • Bianca Maria Sforza was not quite two years old when she married her first cousin Philibert I, Duke of Savoy in January 1474. She was a widow at the age of ten.
    • Bianca of Savoy, Duchess of Milan, was thirteen when she was married to Galeazzo II Visconti in 1350) (and fourteen when she gave birth to a son)
    • Lady Margaret Beaufort Margaret was married to John de la Pole. The wedding was held when she was no more than three years old. (A Papal dispensation was granted on 18 August 1450 because the spouses were too closely related.). Three years later, the marriage was dissolved. She was twelve when she married 24-year old Edmund Tudor on 1 November 1455.
    • Caterina Sforza was betrothed aged nine to Girolamo Riariomarried in 1473. The marriage was consummated four years later.
    • On 26 February 1491, a matrimonial arrangement was drawn up between eleven year old Lucrezia Borgia and the Lord of Val D'Ayora. It was annulled less than two months later in favour of a new contract engaging Lucrezia to Don Gaspare Aversa, count of Procida. Pope Alexander VI called off Lucrezia's engagement and arranged for her to marry Giovanni Sforza, a member of the house of Sforza, who married thirteen year old Lucrezia on 12 June 1493 in Rome.
    • Claude of France was promised to the future Holy Roman Emperor Charles V at the age of four, but the arrangement fell through. She was later betrothed to her cousin Francis, Duke of Angoulême, and married him aged fourteen, in 1514.
    • Catherine de Vivonne, marquise de Rambouillet was married at the age of twelve to Charles d'Angennes in 1600

    King Richard II of England Receiving his Bride Isabella fromher Father King Charles VI of France.
    Jean Froissart, Chronicles, c 1470, BL MS Royal 14D VI f268v (detail)

    As Erasmus pointed out

    It is no uncommon case, especially in France, for a girl of scarce ten years to be married and a mother [the] next year. . . . It seems portentous, and yet we sometimes see it, especially in Britain and Italy, that a tender child is married to a septuagenarian ... Yet Church Laws do not rescind such nuptials, although they are satitized by public jests and epigrams"*

    In England the marriage age was raised to 16 in 1929*, though many other states that have retained Christian custom and practice have opted for the ages of 12 and 14. The rock and roll star, Jerry Lee Lewis caused outrage in Britain, in May 1958 when it emerged that his third wife, Myra Gale Brown was only 13 years old at the time (and his first cousin once removed). Particularly Christian states in the US still had 12 as the age for marriage at this time. (The state of Delaware retained the traditional lower linit of 7 as the age of consent into the twentieth century).

     

    Children as Chattels

    Children were mere chattels of their Christian parents and so could be used as free labour, or sold or even given away. If a couple had ten or twenty children, they could even be offered to the Church as tithes, and the Church would accept them.

    At the age of eight, boys were given away to monasteries and girls to convents. The hagiographers of the migranous Hildegard of Bingen tells us that although she was a weak and sickly child she was given away as tithe offering at the age of eight, to become a nun at the age of 14.*. This was by no means unusual - and of course the children generally had no say in the matter.

    Don Perosi with the Choir of the Sistine Chapel (c. 1905).
    Seven of these boys had been castrated, to better serve the pope

    The Christian record on children's rights is no better than its record on other matters. The Churches opposed the education of poor boys and all girls. European Churches were responsible for the trial, torture, conviction, imprisonment and execution of children as young as five or six, often contravening the civil law. In the nineteenth century the Churches opposed the abolition of child labour, and continued to be party to a wide range of abuse, mental, physical and sexual well into the twentieth century.

    Mid 19th Century:
    young children working over 80 hours per week in a dark tunnel, about half their hieght

    In short, the Church has never supported the rights of children. Mainstream Churches made no more effort to end child labour than they did to end slavery. In England, Anglicans consistently opposed unbelievers like Jeremy Bentham, J. S. Mill and the philanthropist Robert Owen (1771-1858), who championed the improvement of social conditions for working children. Children's rights are an invention of secular philosophers.

    Children's champions included almost anyone except the Churches. For example, the first law in Germany to prohibit the employment of children (under the age of nine) in factories was passed in 1839 at the behest of the military authorities, who were concerned at the poor physical condition of their recruits. Nowhere did any mainstream Churches lead the move to protect children. There are still Churches teaching the traditional Christian line that children should be seen but not heard, and affirming the Christianl injunction "spare the rod and spoil the child", based on Proverbs, 13:24.

    Cartoon by Frederick T. Richards in Philadelphia North American, 1913:
    "Emaciated child laborers pulling chariot of rich, monstorous 'child labor exploiter.'"
    A US cartoon, lampooning the continued exploitation of child labour well into the twentieth century.

    Factory workers - The reality of child labour in the USA
    In 1938 child labor was regulated by the Fair Labor Standards Act
    For the first time, minimum ages of employment and hours of work for children were regulated by federal law - for two millennia Church Law has never considered child expoitation either a sin or a crime.

     

    As in every area of reform, the Churches have followed secular opinion and few in the west are now prepared to defend the opinions that they held with absolute certainty in the nineteenth century. As so often there are exceptions. It is still possible to find pockets of traditional belief from Church schools insisting on their rights to beat children to pastors advocating the killing, torture or abandonment of possessed and bewitched children. In 2005 it wasestimated that 70% of the street children in Kinshassa had been abandoned by their parents because of accusations of witchcraft*. With Christianity expanding fast across Africa and Kinshasa as a belweather, there may now be more children being tortured and starved by Christian leaders and by Christian parents than ever before.

     

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    Notes

    §. J. H. Baker, An Introduction to English Legal History, p 263.

    §. Kramer and Sprenger, Malleus Maleficarum, Pt II, q1, c4.

    §. Contrary quotations were excused. See for example Kramer and Sprenger, Malleus Maleficarum, Pt II, q1, c4. The legal fiction that there was no father seems to have been conveniently ignored for this purpose.

    §. The sons and grandsons of heretics, for example, were punished by disabilities and disinheritance. See Kramer and Sprenger, Malleus Maleficarum, Pt I, q14 {MM p 182}.

    §. In November 2001, 40 Christian schools challenged the British government in court on the issue of corporal punishment. See "Bible drawn into battle against sparing the rod" in The Daily Telegraph, 3 rd November, 2001.

    §. Bruce Grundy, a Professor at Queensland University, carried out the investigation at an Order of the Sisters of Mercy orphanage at Neerkol in northern Queensland in 1998. The quotations here are taken from The Times of 31 st March 1998.

    §. Harry Potter, Hanging in Judgement, p 7.

    §. To take a single example of how much child marriage was accepted: many nobles and clerics had reason to oppose the marriage between Constance, Princess of Antioch, and Raymond of Poitiers in 1136, but no one seems to have thought of questioning it on the grounds that Constance was barely nine years old. See Runciman, A History of The Crusades, vol. 2, pp 198-200.

    §. Marriages between toddlers and even babies were common among royal and noble families, andt not unknown among the gentry: John Somerforth and Jane Brerton were married to each other in the parish church at Brerton in England, in 1552, when John was three years old and Jane two-and-a-half years old. The civil courts granted them a divorce when one of the parties objected 14 years later. "It cannot be determined how common these child marriages were, but references to them are sufficiently numerous to make it clear that the practice was by no means out of the ordinary, especially among noblemen". [Chilton Latham Powell, English domestic relations, 1487-1653; a study of matrimony and family life in theory and practice as revealed by the literature, law and history of the period", Practice and Customs of Marriage. Doctoral thesis.1917, Columbia University Press, New York].
    http://www.archive.org/stream/cu31924021847904#page/n11/mode/2up

    §. Relevant texts from Decretum gratiani:

    Betrothals cannot be contracted before the seventh year. For they can be contracted only with consent, which requires each party to understand what they agree to. This proves that betrothals cannot be contracted between children, because the debility of age prevents consent. (Decretum gratiani, Case 30, q II)

    Marriage cannot be contracted before the age of consent.
    Where there is no mutual consent, there is no marriage. Therefore, to give boys to girls in their cradles, or vice versa, accomplishes nothing, even if the father and mother do it and desire it, unless both children consent after reaching the age of discretion. (Decretum gratiani, Case 30, q II. C1)

    §.A case where a man married a young girl, but then took her mother as a wife (the question being which to recognise as the legal wife). This is Pope Alexander III writing to the Bishop of Hereford:.

    "We have received Your Fraternity's letter from whose import we gather that a certain man, a parishioner of yours by the name of A., when he was of mature age, betrothed a certain girl in her cradle. With the passing of time, A. had relations with the girl's mother and took her as wife. You wondered whether this marriage should stand and so asked our counsel about it.
    To your question we reply as follows: If the man took the girl's mother as wife before the girl had completed her seventh year, you may dissolve that marriage and permit the man liberty to keep the woman as his wife. Such betrothals made in the cradle are null.
    But if the man took the girl's mother as wife after the girl had completed her seventh year, do not hesitate to promulgate a decree of divorce between them, since betrothals after this age are approved by custom, nor may you permit the man to take the mother's daughter as wife."
    (Decretals of Gregory IX , Book Four, Title II C. 4)

    and and a case where a man has had sexual intercourse with a wife aged under 12 (the question being whether the sexual intercourse has sealed the marriage contract)

    "The man sets out to the contrary that, although the girl may not have reached her twelfth year when she was given to him as wife, she was close to it, because he knew her by carnal intercourse. She says that she did not have intercourse with the man. Hence you have asked us whether she can marry another.
    We reply to your question as follows: The Decretum [C. 33 q. 1 c. 3] explicitly says that, if a husband claims to have known his wife, and the wife denies it, the man is presumed to be telling the truth. Therefore, the man, who says he knew this woman, is to be believed if he testifies to this under oath.
    If, being around eleven or twelve, she was almost of age, and was betrothed with her own assent at the will of her parents, was blessed, and was known by the man, she ought not to be separated, especially since her parents claimed that she was of lawful age".
    (Decretals of Gregory IX , Book Four, Title II C. 6)

    And a similar case where Pope Gregory IX writes to the Archbishop of Poitiers.

    Jordan's wife makes this petition: The layman J. contracted with her using language in the future tense when she had not yet completed her tenth year. Within the space of the year they had carnal relations, but he did not hesitate to unite in matrimony with her mother and seek her embrace for condemned intercourse. So J.'s wife petitions that, since she cannot resist the temptations of the flesh, we condescend to provide for her salvation so that she not be deprived of a right through no fault of her own.

    Therefore, we command: If things stand thus, attentively warn and convince both of them to vow perpetual continence. If they cannot be convinced to do that, first enjoin fitting penance on the said J. for the incest he committed, then compel him by ecclesiastical censure to cohabit with her and to render her the conjugal debt when she demands it.
    (Decretals of Gregory IX , Book Four, Title XIII C. 11)

    §. G G Coulton, Medieval Panorama (New York: Macmillan, 1944), p 639, citing Desiderii Erasmi Roterodami, Opera Omnia: (1704) v627, 641, 666, 670.

    §. Age of Marriage Act 1929, 19 and 20 George V, chapter 36.

    §.Vita Sancti Rupperti Confessoris and Vita Sancti Dysibodi Episcopi.

    §. The Daily Telegraph , 24 September 2005, World News p14 “Starved and beaten with nails: Kinshasa's young "witches" cast out by slum preachers”

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     
     
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