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ADOPTION

Volume 1 · 2,647 words · 1815 Edition

an act by which any one takes another into his family, owns him for his son, and appoints him for his heir.

The custom of adoption was very common among the ancient Greeks and Romans; yet it was not practised, but for certain causes expressed in the laws, and with certain formalities usual in such cases. It was a sort of imitation of nature, intended for the comfort of those who had no children: wherefore he that was to adopt was to have no children of his own, and to be past the age of getting any; nor were eunuchs allowed to adopt, as being under an actual impotency of begetting children; neither was it lawful for a young man to adopt an elder, because that it would have been contrary to the order of nature; nay, it was even required that the person who adopted should be eighteen years older than his adopted son, that there might at least appear a probability of his being the natural father.

Among the Greeks it was called ἀνακλητική, filiation. It was allowed to such as had no issue of their own; excepting those who were not ἀνακλητική, their own masters, e.g., slaves, women, madmen, infants, or persons under twenty years of age; who being incapable of making wills, or managing their own estates, were not allowed to adopt heirs to them. Foreigners being incapable of inheriting at Athens, if any such were adopted, it was necessary first to make them free of the city. The ceremony of adoption being over, the adopted had his name enrolled in the tribe and ward of his new father; for which entry a peculiar time was allotted, viz. the festival Σεπταπάσχα. To prevent rash and inconsiderate adoptions, the Lacedemonians had a law, that adoptions should be transacted, or at least confirmed, in the presence of their kings. The children adopted were invested with all the privileges, and obliged to perform all the duties, of natural children; and being thus provided for in another family, ceased to have any claim of inheritance, or kindred, in the family which they had left, unless they first renounced their adoption; which, by the laws of Solon, they were not allowed to do, unless they had first begotten children, to bear the name of the person who had adopted them: thus providing against the ruin of families, which would otherwise have been extinguished by the defection of those who had been adopted to preserve them. If the children adopted happened to die without children, the inheritance could not be alienated from the family into which they had been adopted, but returned to the relations of the adopter. It should seem, that by the Athenian law, a person, after having adopted another, was not allowed to marry without permission from the magistrate; in effect, there are instances of persons, who being ill used by their adoptive children, petitioned for such leave. However this be, it is certain some men married after they had adopted sons: in which case, if they begat legitimate children, their estates were equally shared between the begotten and adopted.

The Romans had two forms of adoption; one before Adoption before the praetor; the other at an assembly of the people, in the times of the commonwealth, and afterwards by a rescript of the emperor. In the former, the natural father addressed himself to the praetor, declaring that he emancipated his son, resigned all his authority over him, and consented he should be translated into the family of the adopter. The latter was practised, where the party to be adopted was already free; and this was called adrogation. The person adopted changed all his names; assuming the prename, name, and surname, of the persons who adopted him.

Besides the formalities prescribed by the Roman law, various other methods have taken place; which have given denominations to different species of adoption, among the Gothic nations, in different ages. As,

**Adoption by arms**, was when a prince made a present of arms to a person, in consideration of his merit and valour. Thus it was that the king of the Heruli was adopted by Theodoric; Athalaric by the emperor Justinian; and Cofroes, nephew of the king of Perfa, by the emperor Justin.—The obligation here laid on the adoptive son was, to protect and defend the father from injuries, affronts, &c. And hence, according to Selden, the ceremony of dubbing knights took its origin as well as name.

**Adoption by baptism**, is that spiritual affinity which is contracted by god-fathers and god-children in the ceremony of baptism. This kind of adoption was introduced into the Greek church, and came afterwards into use among the ancient Franks, as appears by the Capitulars of Charlemagne.

In reality, the god-father was so far considered as adoptive father, that his god-children were supposed to be entitled to a share in the inheritance of his estate.

**Adoption by hair**, was performed by cutting off the hair of a person, and giving it to the adoptive father. It was thus that Pope John VIII. adopted Bofon king of Arles; which, perhaps, is the only instance in history of adoption, in the order of the ecclesiastics; a law that professes to imitate nature, not daring to give children to those in whom it would be thought a crime to beguile any.

**Adoption by matrimony**, is the taking the children of a wife or husband, by a former marriage, into the condition of proper or natural children; and admitting them to inherit on the same footing with those of the present marriage. This is a practice peculiar to the Germans: among whom, it is more particularly known by the name of einkindschafft; among their writers in Latin, by that of unio prolium, or union of illices. But the more accurate writers observe, that this is no adoption. See Adfiliation.

**Adoption by testament**, that performed by appointing a person heir by will, on condition of his assuming the name, arms, &c. of the adopter. Of which kind we meet with several instances in the Roman history.

Among the Turks, the ceremony of adoption is performed by obliging the person adopted to pass through the shirt of the adopter. Hence, among that people, to adopt, is expressed by the phrase, *to draw another through my shirt*. It is said, that something like this has also been observed among the Hebrews; where the prophet Elijah adopted Elipha for his son and successor, and communicated to him the gift of prophecy, by letting fall his cloak or mantle on him. But adoption, properly so called, does not appear to have been practised among the ancient Jews: Moses says nothing of it in his laws; and Jacob's adoption of his two grandsons, Ephraim and Manasseh, is not so properly an adoption, as a kind of substitution, whereby those two sons of Joseph were allotted an equal portion in Israel with his own sons.

**Adoption** is also used, in Theology, for a federal act of God's free grace; whereby those who are regenerated by faith, are admitted into his household, and entitled to a share in the inheritance of the kingdom of heaven.

**Adoption** is sometimes also used, in speaking of the ancient clergy, who had a custom of taking a maid or widow into their houses, under the denomination of an adoptive or spiritual sister or niece.

**Adoption** is also used in speaking of the admission of persons into certain hospitals, particularly that of Lyons, the administrators whereof have all the power and rights of parents over the children admitted.

**Adoption** is also used for the reception of a new academy into the body of an old one.—Thus

The French academy of Marfeilles was adopted by that of Paris: on which account, we find a volume of speeches extant, made by several members of the academy of Marfeilles, deputed to return thanks to that of Paris for the honour.

In a similar sense, adoption is also applied by the Greeks, to the admitting a monk, or brother, into a monastic community; sometimes called spiritual adoption.

**Adoptive**, denotes a person or thing adopted by another.

Adoptive children, among the Romans, were on the same footing with natural ones; and accordingly were either to be instituted heirs, or expressly disinherited, otherwise the testament was null. The emperor Adrian preferred adoptive children to natural ones; because we choose the former, but are obliged to take the latter at random.

M. Menage has published a book of eloges, or verses addressed to him; which he calls Liber Adoptivus, an adoptive book; and adds it to his other works.—Heinrius, and Furtseburg of Munster, have likewise published adoptive books.

In ecclesiastical writers we find adoptive women, or sisters, (adoptiva feminae or sorores), used for those handmaids of the ancient clergy, otherwise called sub-introducetiae.

**Adoptive arms**, are those which a person enjoys by the gift or concession of another, and to which he was not otherwise entitled. They stand distinguished from arms of alliance.

We sometimes meet with adoptive heir, by way of opposition to natural heir; and adoptive gods, by way of contradiction to domestic ones. The Romans, notwithstanding the number of their domestic, had their adoptive gods, taken chiefly from the Egyptians: such were Isis, Osiris, Anubis, Apis, Harpocrates, and Canopus.

**Adoration**, the act of rendering divine honours; or of addressing a being, as supposing it a god. The word is compounded of ad, "to," and oris, "mouth;" and literally signifies to apply the hand to Adoration to the mouth; Manum ad os admovere, q. d. "to kiss the hand;" this being, in the eastern countries, one of the great marks of respect and submission.—The Romans practised adoration at sacrifices, and other solemnities; in passing by temples, altars, groves, &c., at the sight of statues, images, or the like, whether of stone or wood, wherein any thing of divinity was supposed to reside. Usually there were images of the gods placed at the gates of cities, for those who went in or out, to pay their respects to.—The ceremony of adoration among the ancient Romans was thus: The devotee having his head covered, applied his right hand to his lips, the fore finger resting on his thumb, which was erect, and thus bowing his head, turned himself round from left to right. The kiss thus given was called oculum labiatum; for ordinarily they were afraid to touch the images of their gods themselves with their profane lips. Sometimes, however, they would kiss their feet, or even knees, it being held an incivility to touch their mouths; so that the affair passed at some distance. Saturn, however, and Hercules, were adored with the head bare; whence the worship of the last was called infitatum peregrinum, and ritus Graecanus, as departing from the customary Roman method, which was to sacrifice and adore with the face veiled, and the clothes drawn up to the ears, to prevent any interruption in the ceremony by the sight of unlucky objects.—The Jewish manner of adoration was by prostration, bowing, and kneeling.—The Christians adopted the Grecian rather than the Roman method, and adored always uncovered. The ordinary posture of the ancient Christians was kneeling, but on Sundays standing: and they had a peculiar regard to the east, to which point they ordinarily directed their prayers.

Adoration is more particularly used for the act of praying or preferring our requests or thanksgivings to Almighty God.

Adoration is also used for certain extraordinary civil honours or respects which resemble those paid to the deity, yet are given to men.

The Persian manner of adoration, introduced by Cyrus, was by bending the knee, and falling on the face at the prince's feet, striking the earth with the forehead, and kissing the ground. This ceremony, which the Greeks called προσκύνειν, Conon refused to perform to Artaxerxes, and Callisthenes to Alexander the Great, as repudiating it impious and unlawful.

The adoration performed to the Roman and Grecian emperors consisted in bowing or kneeling at the prince's feet, laying hold of his purple robe, and presently withdrawing the hand and clapping it to the lips. Some attribute the origin of this practice to Constantius. It was only persons of some rank or dignity that were entitled to the honour. Bare kneeling before the emperor to deliver a petition, was also called adoration.

The practice of adoration may be said to be still subsisting in England, in the ceremony of kissing the king's or queen's hand, and in serving them at table, both being performed kneeling.

Adoration is more particularly used for kissing one's hand in presence of another, as a token of reverence. The Jews adored by kissing their hands and bowing down their heads; whence, in their language, kissing is properly used for adoration.

Adoration is also used among Roman writers for a high species of applause given to persons who had Adoration, spoken or performed well in public. See Acclamation. We meet with adoration paid to orators, actors, musicians, &c. The method of expressing it was, by rising, putting both hands to their mouth, and then returning them towards the person intended to be honoured.

Adoration is also used in the court of Rome, for the ceremony of kissing the pope's feet.—The introduction of adoration among the Romans is ascribed to the low flattery of Vitellius, who, upon the return of Caesar from Syria, would not approach him otherwise than with his head covered, turning himself round, and then falling on his face. Heliogabalus restored the practice, and Alexander Severus again prohibited it. Diocletian redemanded it; and it was, in some measure, continued under the succeeding princes, even after the establishment of Christianity, as Constantine, Constantius, &c. It is particularly said of Diocletian, that he had gems fastened to his shoes, that divine honours might be more willingly paid him, by kissing his feet. The like usage was afterwards adopted by the popes, and is observed to this day. These pontiffs, finding a vehement disposition in the people to fall down before them and kiss their feet, procured crucifixes to be fastened on their slippers; by which stratagem, the adoration intended for the pope's person is supposed to be transferred to Christ. Divers acts of this adoration we find offered even by princes to the pope.

Adoration is also used for a method of electing a pope. The election of popes is performed two ways; by adoration and by scrutiny. In election by adoration, the cardinals rush hastily, as if agitated by some spirit, to the adoration of some one among them, to proclaim him pope. When the election is carried by scrutiny, they do not adore the new pope till he is placed on the altar.

Barbarous adoration is a term used, in the laws of King Canute, for that performed after the manner of the Heathens who adored idols. The Romish church is charged with the adoration of saints, martyrs, images, crucifixes, relics, the virgin, and the host; all which by Protestants are generally aggravated into idolatry, on a supposition, that the honour thus paid to them is absolute and supreme, called by way of distinction Latriva, which is due only to God. The Roman Catholics, on the contrary, explain them, as only a relative or subordinate worship, called Dulia and Hyperdulia, which terminates ultimately in God alone. But may not the same be said of the idol worship of the heathens? The Phoenicians adored the winds, on account of the terrible effects produced by them; the same was adopted by most of the other nations, Persians, Greeks, Romans, &c. The Persians chiefly paid their adorations to the sun and fire; some say also to rivers, the wind, &c. The motive of adoring the sun was the benefits they received from that glorious luminary, which of all creatures has doubtless the best pretensions to such homage.