CHAPTER XVIII.

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.

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