CONTINUATION OF THE SAME SUBJECT.
The conduct of the Church with respect to the Jews also contributed
to the abolition of slavery. This singular people, who bear on their
forehead the mark of proscription, and are found dispersed among all
nations, like fragments of insoluble matter floating in a liquid, seek
to console themselves in their misfortune by accumulating treasures,
and appear to wish to avenge themselves for the contemptuous neglect
in which they are left by other nations, by gaining possession of
their wealth by means of insatiable usury. In times when revolutions
and so many calamities must necessarily have produced distress, the
odious vice of unfeeling avarice must have had a fatal influence. The
harshness and cruelty of ancient laws and manners concerning debtors
were not effaced, liberty was far from being estimated at its just
value, and examples of persons who sold it to relieve their necessities
were not wanting; it was therefore important to prevent the power of
the wealthy Jews from reaching an exorbitant extent, to the detriment
of the liberty of Christians. The unhappy notoriety which, after so
many centuries, attaches to the Jews in this matter, proves that this
danger was not imaginary; and facts of which we are now witnesses
are a confirmation of what we advance. The celebrated Herder, in his
_Adrastus_, ventures to prognosticate that the children of Israel, from
their systematic and calculating conduct, will in time make slaves of
all Christians. If this extraordinary and extravagant apprehension
could enter the head of a distinguished man, in circumstances which are
certainly infinitely less favorable to the Jews, what was to be feared
from this people in the unhappy times of which we speak? From these
considerations, every impartial observer, every man who is not under
the influence of the wretched desire of taking the part of every kind
of sect, in order to have the pleasure of accusing the Catholic Church,
even at the risk of speaking against the interests of humanity; every
observer who is not one of those who are less alarmed by an irruption
of Caffres than by any regulation by which the ecclesiastical power
appears in the smallest degree to extend the circle of its prerogative;
every man, I say, who is neither thus bitter, little, nor pitiful, will
see, not only without being scandalized, but even with pleasure, that
the Church, with prudent vigilance, watched the progress of the Jews,
and lost no opportunity of favoring their Christian slaves, until they
were no longer allowed to have any.
The third Council of Orleans, held in 538, by its 13th canon, forbids
Jews to compel Christian slaves to do things contrary to the religion
of Jesus Christ. This regulation, which guarantied the liberty of the
slave in the sanctuary of conscience, rendered him respectable even in
the eyes of his master: it was besides a solemn proclamation of the
dignity of man, it was a declaration that slavery could not extend
its dominion over the sacred region of the mind. Yet this was not
enough; it was proper also that the recovery of their liberty should
be facilitated to the slaves of Jews. Three years only pass away; a
fourth Council is held at Orleans; let us observe the progress which
the question had made in so short a time. This Council, by its 30th
canon, allows the Christian slaves who shall take refuge in the church
to be ransomed, on paying to their Jewish master the proper price.
If we pay attention, we shall see that such a regulation must have
produced abundant results in favor of liberty, as it gave Christian
slaves the opportunity of flying to the churches, and there imploring,
with more effect, the charity of their brethren, to gain the price of
their ransom. The same Council, in its 31st canon, ordains that the
Jew who shall pervert a Christian slave shall be condemned to lose
all his slaves; a new sanction given to the security of the slave's
conscience--a new way opened to liberty. The Church constantly advanced
with that unity of plan--that admirable consistency--which even her
enemies have acknowledged in her. In the short interval between the
period alluded to and the latter part of the same century, her progress
was more perceptible. We observe, in the canonical regulations of
the latter period, a wider scope, and, if we may so speak, greater
boldness. In the Council of Mâcon, held in 581 or 582, canon 16, Jews
are expressly forbidden to have Christian slaves; and it is allowed to
ransom those who are in their possession for twelve sous. We find the
same prohibition in the 14th canon of the Council of Toledo, held in
589; so that at this time the Church shows what her desire is; she is
unwilling that a Christian should be in any way the slave of a Jew.
Constant in her design, she checked the evil by all the means in her
power; if it was necessary, limiting the right of selling slaves, when
there was danger of their falling into the hands of Jews. Thus we see
that, by the 9th canon of the Council of Châlons, held in 650, it is
forbidden to sell slaves out of the kingdom of Clovis, lest they should
fall into the power of Jews. Yet the intention of the Church on this
point was not understood by all, and her views were not seconded as
they ought to have been; but she did not cease to repeat and inculcate
them. In the middle of the seventh century there were found clergy and
laity who sold their Christian slaves to Jews. The Church labored to
check this abuse. The tenth Council of Toledo, held in 657, by its 7th
canon, forbids Christians, and especially clerics, to sell their slaves
to Jews; the Council adds these noble words: "They cannot be ignorant
that these slaves have been redeemed by the blood of Jesus Christ;
wherefore they ought rather to buy than sell them."
This ineffable goodness of a God made man, who had shed His blood for
the redemption of all men, was the powerful motive which urged the
Church to interest herself with so much zeal in the enfranchisement
of slaves; and, indeed, was it not enough to inspire horror for so
degrading an inequality, to think that these same men, reduced to
the level of brutes, had been, as well as their masters, as well as
the most powerful monarchs upon earth, the objects of the merciful
intentions of the Most High? "Since our Redeemer, the Creator of all
things," said Pope S. Gregory, "has deigned, in His goodness, to assume
the flesh of man, in order to restore to us our pristine liberty,
by breaking, through the means of His Divine grace, the bonds of
servitude, which held us captives, it is a salutary deed to restore to
men, by enfranchisement, their native liberty; for, in the beginning,
nature made them all free, and they have only been subjected to the
yoke of servitude by the law of nations." (L. 5, lett. 72.)
During all times the Church has considered it very necessary to
limit, as much as possible, the alienation of her property; and it
may be said that the general rule of her conduct in this point was
to trust very little to the discretion of any one of her ministers
individually; she thus endeavored to prevent dilapidations, which
otherwise would have been frequent. As her possessions were dispersed
on all sides, and intrusted to ministers chosen from all classes of
the people, and exposed to the various influences which the relations
of blood, friendship, and a thousand other circumstances, the effects
of difference of character, knowledge, prudence, and even of times and
places, always exercise, the Church showed herself very watchful in
giving her sanction to the power of alienation; and, when requisite,
she knew how to act with salutary rigor against those ministers
who, neglecting their duty, wasted the funds confided to them. We
have seen that, in spite of all this, she was not stopped by any
consideration when the ransom of captives was in question; it may be
also shown that, with respect to property in slaves, she saw things in
a different light, and changed her rigor into indulgence. When slaves
had faithfully served the Church, the Bishops could grant them their
liberty, and add a gift to assist them in maintaining themselves.
This judgment as to the merit of slaves appears to have been confided
to the discretion of the Bishops; and it is evident that such a
regulation opened a wide door to their charity; at the same time,
it stimulated the slaves to behave themselves, so as to deserve so
precious a recompense. As it might happen that the succeeding Bishop
might raise doubts as to the sufficiency of the motives which induced
his predecessor to give liberty to a slave, and attempt afterwards
to call it in question, it was ordained that they should respect the
appointments of their predecessors on this point, and leave to the
enfranchised not only their liberty, but also the gratuity which had
been given to them in lands, vineyards, or houses: this is prescribed
in the 7th canon of the Council of Agde in Languedoc, held in the year
506. Let it not be objected that manumission is forbidden by the canons
of this Council in other places; they speak only in general terms, and
allude not to cases where slaves had merited well. Alienations or
mortgages made by a Bishop who left no property were to be revoked.
This regulation itself shows that it alludes to cases in which the
Bishops had acted against the canons. Yet if he had given liberty to
any slaves, the rigor of the law was mitigated in their favor, and
it was ordained that the enfranchised should continue to enjoy their
liberty. This is ordained by the 9th canon of the Council of Orleans,
held in 541. This canon only imposes on the enfranchised the obligation
of lending their services to the Church; services which were evidently
only those of the enfranchised. On the other hand, she recompensed them
with the protection which she always granted to men in this condition.
As another proof of the indulgence of the Church with respect to
slaves, may be cited the 10th canon of the Council of Celchite,
in England, held in 816, the result of which must have been to
enfranchise, in a few years, all the English slaves of the Churches
existing in the countries where the Council was observed. Indeed, this
canon ordained that, at the death of a Bishop, all his English slaves
should be set at liberty; it added, that each of the other Bishops and
Abbots might enfranchise three slaves on the occasion, by giving each
of them three sous. Such regulations smoothed the way more and more,
and prepared circumstances and men's minds, so that, some time later,
was witnessed that noble scene, where, at the Council of Armagh, in
1172, liberty was given to all the English who were slaves in Ireland.
The advantageous conditions enjoyed by the slaves of the Church were so
much the more valuable, because a regulation newly introduced prevented
their losing them. If they could have passed into the hands of other
masters, in this case they would have lost the benefits which they
derived from living under the rule of so kind a mistress. But happily,
it was forbidden to exchange them for others; and if they left the
power of the Church, it was for freedom. We have a positive proof of
this regulation in the decretals of Gregory IX. (l. 3, t. 19, chaps.
3 and 4). It should be observed that in this document the slaves of
the Church are regarded as consecrated to God; thereon is founded the
regulation which prevents their passing into other hands and leaving
the Church, except as freemen. We also see there that the faithful, for
the good of their souls, had the custom of offering their slaves to
God and the Saints. By placing them thus in the power of the Church,
they put them out of common dealing and prevented their again falling
into profane servitude. It is useless to enlarge on the salutary effect
which must have been produced by these ideas and manners, in which we
see religion so intimately allied with the cause of humanity; it is
enough to observe, that the spirit of that age was highly religious,
and that which was attached to the cause of religion was sure to ride
in safety.
Religious ideas, by constantly developing their strength and directing
their action to all branches, were intended in a special manner to
relieve men by all possible means from the yoke of slavery. On this
subject we may be allowed to remark a canonical regulation of the time
of Gregory the Great. In a Council at Rome, held in 595, and presided
over by that Pope, a new means of escaping from their degraded state
was offered to slaves, by deciding that liberty should be given to all
those who desired to embrace the monastic life. The words of the holy
Pope are worthy of attention; they show the ascendency of religious
motives, and how much these motives preponderated over considerations
and interests of a worldly nature. This important document is found in
the letters of St. Gregory; it may be read in the notes at the end of
the volume.
To imagine that such regulations would remain barren, is to mistake
the spirit of those times: on the contrary, they produced the most
important effects. We may form an idea of them by reading in the decree
of Gratian (_Distin._ 54, c. 12), that they led to scandal; slaves fled
from the houses of their masters and took refuge in monasteries, under
pretext of religion. It was necessary to check this abuse, against
which complaints arose on all sides. Without waiting to consider what
these abuses themselves indicate, is it difficult to imagine that
these regulations of the Church must have had valuable results? They
not only gained liberty for a great many slaves, but also raised them
very much in the eyes of the world, for they placed them in a state
which every day gained importance and acquired an immense prestige and
a powerful influence. We may form an idea of the profound change which
took place every day in the organization of society, thanks to these
various means, by fixing our attention for a moment on what resulted
with respect to the ordination of slaves. The discipline of the Church
on this point was in accordance with her doctrines. The slave was a man
like other men, and he could be ordained as well as the greatest noble.
Yet while he was subject to the power of his master, he was devoid of
the independence necessary for the dignity of the sacred ministry;
therefore it was required that he should not be ordained until he had
been previously set at liberty. Nothing could be more just, reasonable,
and prudent, than the limit thus placed on a discipline otherwise
so noble and generous--a discipline which was in itself an eloquent
protest in favor of the dignity of man. The Church solemnly declared
that the misfortune of being a slave did not reduce him below the level
of other men, for she did not think it unworthy of her to choose her
ministers from among those who had been in servitude. By placing in so
honorable a sphere those who had been slaves, she labored with lofty
generosity to disperse the prejudices which existed against those
who were placed in that unhappy condition, and created strong and
effective ties between them and the most venerated class of freemen.
The abuse which then crept in of conferring orders on slaves, without
the consent of their masters, is above all worthy of our attention;
an abuse, it is true, altogether contrary to the sacred canons, and
which was checked by the Church with praiseworthy zeal, but which is
not the less useful in enabling the observer duly to appreciate the
profound effect of religious ideas and institutions. Without attempting
in any way to excuse what was blamable therein, we may very well make
use of the abuse itself, by considering that it frequently happens
that abuses are only exaggerations of a good principle. Religious
ideas accord but ill with slavery, although supported by laws; thence
the incessant struggle, repeated under different aspects, but always
directed towards the same end, viz. universal emancipation. It appears
to us that we may now the more confidently avail ourselves of this kind
of argument, as we have seen the most dreadful attempts at revolution
treated with indulgence, on account of the principles with which the
revolutionists were imbued and the objects which they had in view;
objects which, as every one knows, were nothing less than an entire
change in the organization of society. The abuse to which we have
alluded, is attested by the curious documents which are found collected
in the decree of Gratian (_Dist._ 54, c. 9, 10, 11, 12). When we
examine these documents with attention, we find, 1st, that the number
of slaves thus freed was very considerable, since the complaints on
this subject were almost universal: 2d, that the Bishops were generally
in favor of the slaves; that they carried their protection very far;
that they labored in all ways to realize these doctrines of equality;
indeed, it is affirmed in these documents that there was hardly a
Bishop who could not be charged with this reprehensible compliance: 3d,
that slaves were aware of this spirit of protection, and were eager
to throw off their chains and cast themselves into the arms of the
Church: 4th, that this combination of circumstances must have produced
in men's minds a movement very favorable to liberty; and that this
affectionate communication established between slaves and the Church,
then so powerful and influential, must soon have weakened slavery, and
rapidly have promoted the advance of nations towards that liberty which
completely triumphed a few centuries later. The Church of Spain, whose
civilizing influence has received so many eulogiums from men certainly
but little attached to Catholicity, equally displays her lofty views
and consummate prudence on this point. Charitable zeal in favor of
slaves was so ardent, the tendency to raise them to the sacred ministry
so decided, that it was necessary to allow free scope to this generous
impulse, while reconciling it as much as possible with the sacredness
of the ministry. Such was the twofold object of the discipline
introduced into Spain, by virtue of which it was allowed to confer
sacred orders on the slaves of the Church, on their being previously
enfranchised. This is ordered by the 74th canon of the fourth Council
of Toledo, held in 633; it is also inferred from the 11th canon of the
ninth Council of Toledo, which ordains that Bishops shall not introduce
the slaves of the Church among the clergy without having previously
given them their liberty.
It is remarkable that this regulation was extended by the 18th canon
of the Council of Merida, in 666, which gives to parish-priests the
right of selecting clerks among the slaves of their own church, with
the obligation of maintaining them according to their means. This wise
discipline prevented, without any injustice, all the difficulties that
might have ensued from the ordination of slaves; while it was a very
mild way of effecting the most beneficent results, since in conferring
orders on the slaves of the Church, it was easy to choose from among
them such as were most deserving by their intellectual and moral
qualifications. At the same time, it was affording the Church a most
favorable and honorable mode of liberating her slaves, by enrolling
them among her ministers. Finally, the Church by her generous conduct
towards slaves, gave a salutary example to the laity. We have seen that
she allowed the parochial clergy, as well as the bishops, the privilege
of setting them free; and this must have rendered it less painful for
laymen to emancipate their slaves, when circumstances seemed to call
the latter to the sacred ministry.