LESSON VII.

We present a series of records and documents which elucidate the

practice and doctrine of the church in regard to slavery, as we find it

in that age.

These records are mostly extracts from Bishop England’s Letters, and

collated by him with accuracy. Some few, from Bower, Bede, Lingard, and

others, will be noticed in their place.

It should be remembered that, in all cases where the contrary is not

explicitly announced, the slave is of the same colour and race as the

master. At this era of the world, slaves were too common, and their

value too little, to warrant the expense of a distant importation. The

negro slave, from his exhibiting an extreme variety of the human

species, was regarded more as an article of curiosity and pride than

usefulness; and therefore was seldom or never found in Europe, except

near the royal palaces, or in the trains of emperors.

As early as the days of Polycarp and St. Ignatius, who were disciples of

the apostles, Christians had, from motives of mercy, charity, and

affection, manumitted many of their slaves in presence of the bishops,

and this was more or less extensively practised through the succeeding

period. In several churches, it was agreed that if a slave became a

Christian, he should be manumitted on receiving baptism. In Rome, the

slave was frequently manumitted by the form called _vindicta_, with the

prætor’s rod. Constantine, in the year 317, Sozomen relates, lib. i. c.

9, transferred this authority to the bishops, who were empowered to use

the rod in the church, and have the manumission testified in the

presence of the congregation. A rescript of that emperor to this effect

is found in the Theodosian code, 1. i. c. _De his qui in eccl.

manumitt_. The master, who consented to manumit the slave, presented him

to the bishop, in presence of the congregation, and the bishop

pronounced him free, and became the guardian of his freedom. The

rescript was directed to Protogenas, bishop of Sardica, and was in the

consulship of Sabinus and Ruffinus.

In book ii. of the same code, is a rescript to Osius, bishop of Cordova,

in which the emperor empowers the bishops to grant the privilege of

Roman citizenship to such freedmen as they may judge worthy.

In the consulship of Crispus and Constantine, a grant was given to the

clergy of manumitting their own slaves when they pleased, by any form

they should think proper. About a century later, St. Augustine, bishop

of Hippo, informs us (_Sermo. de diversis_, 50) that this form was

established in Africa. “The deacon of Hippo is a poor man: he has

nothing to give to any person: but, before he was a clergyman, he, by

the fruit of his labour and industry, bought some little servants, and

is to-day, by the episcopal act, about to manumit them in your sight.”

This same bishop writes, (_Enarrat in Ps._ cxxiv.,) “Christ does not

wish to make you proud while you walk in this journey, that is, while

you are in this life. Has it happened that you have been made a

Christian, and you have a man as your master: you have not been made a

Christian that you may scorn to serve. When, therefore, by the command

of Christ you are the servant of a man, your service is not to him, but

to the one that gave you the command to serve. And he says, Hear your

masters, according to the flesh, with fear and trembling, and in the

simplicity of your hearts, not as eye-servants, as if pleasing men, but,

as the servants of Christ, doing the will of God, from your hearts, with

a good will. Behold, he did not liberate you from being servants, but he

made those who were bad servants to be good servants. Oh, how much do

the rich owe to Christ who has thus set order in their houses! So, if

there be in his family a faithless slave, and Christ convert him, he

does not say to him, Leave your master, because you have now known him

who is the true Master! Perhaps this master of yours is impious and

unjust, and that you are faithful and just; it is unbecoming that the

just and faithful should serve the unjust and the infidel: this is not

what he said; but, let him rather serve.” This great doctor of the

church continues at considerable length to show how Christ, by his own

example, exhorts the servants to fidelity and obedience to their masters

in every thing, save what is contrary to God’s service. Subsequently, he

passes to the end of time, and the opening of eternity, and shows many

good, obedient, and afflicted servants mingled with good masters among

the elect, and bad, faithless, and stubborn servants, with cruel

masters, cast among the reprobates.

In his _book_ i., _on the Sermon of Christ on the Mount_, he dwells upon

the duty of Christian masters to their slaves. They are not to regard

them as mere property, but to treat them as human beings having immortal

souls, for which Christ died.

Thus we perceive that, though from the encouragement of manumission and

the spirit of Christianity, the number of slaves had been greatly

reduced and their situation greatly improved, still the principles were

recognised of the moral and religious legality of holding slave

property, and of requiring that they should perform a reasonable

service.

The instances of voluntary slavery, such as that of St. Paulinus, were

not rare. It is related, that having bestowed all that he could raise,

to ransom prisoners taken by the barbarians who overran the country;

upon the application of a poor widow whose son was held in captivity, he

sold himself, to procure the means of her son’s release. His good

conduct procured the affection of his master, and subsequently his

emancipation. Thus slavery lost some of its degrading character. This,

together with the confusion arising from the turbulence accompanying the

invasions, caused a relaxation of discipline: to remedy some of the

abuses, Pope Leo issued several letters. The following is an extract

from the first of them: it has been taken into the body of the canon

law. _Dist. 5, Admittuntur_:—

“Admittuntur passim ad ordinem sacrum, quibus nulla natalium, nulla

morum dignitas suffragatur: et qui a dominis suis libertatem consequi

minime potuerunt, ad fastigium sacerdotii, tanquam servilis vilitas hunc

honorem jure capiat, provehuntur, et probari Deo se posse creditur, qui

domino suo necdum probare se potuit. Duplex itaque in hac parte reatus

est, quod et sacrum mysterium (ministerium) talis consortii vilitate

polluitur, et dominorum, quantum ad illicitæ usurpationis temeritatem

pertinet, jura solvuntur. Ab his itaque, fratres carissimi, omnes

provinciæ vestræ abstineant sacerdotes: et non tantum ab his, sed ab

illis etiam, qui aut originali aut alicui conditioni obligati sunt,

volumus temperari: nisi forte corum petitio aut voluntas accesserit, qui

aliquid sibi in eos vindicant potestatis. Debet enim esse immunis ab

aliis, qui divinæ militiæ fuerit aggregandus; ut a castris Dominicis,

quibus nomen ejus adscribitur, nullis necessitatis vinculis

abstrahatur.”

_Persons who have not the qualifications of birth or conduct, are

everywhere admitted to holy orders; and they who could not procure

freedom from their masters are elevated to the rank of the priesthood;

as if the lowliness of slavery could rightfully claim this honour: and,

as if he who could not procure the approbation of even his master, could

procure that of God. There is, therefore, in this a double criminality:

for the holy ministry is polluted by the meanness of this fellowship,

and so far as regards the rashness of this unlawful usurpation, the

rights of the masters are infringed. Wherefore, dearest brethren, let

all the priests of your province keep aloof from these: and not only

from these, but also, we desire they should abstain from those who are

under bond, by origin or any condition, except perchance upon the

petition or consent of the persons who have them in their power in any

way. For he who is to be aggregated to the divine warfare, ought to be

exempt from other obligations: so that he may not by any bond of

necessity be drawn away from that camp of the Lord for which his name

has been enrolled._

Prosper, lib. 2 _de vitâ contemplat._ c. 3, and many other writers of

this century, treat of the relative duties of the Christian master and

his Christian slave. The zeal and charity of several holy men led them

to make extraordinary sacrifices during this period, to redeem the

captives from the barbarians: besides the remarkable instance of

Paulinus, we have the ardent and persevering charity of Exuperius,

bishop of Toulouse, who sold the plate belonging to the church, and used

glass for the chalice, that he might be able by every species of economy

to procure liberty for the enslaved.

Nor was this a solitary instance. About the year 513, Pope Symmachus

called a national council, by which, among other enactments, he

established the rule that under no circumstances, could the church

property be alienated. See Bower, vol. ii. p. 277.

About the year 535, Cæsarius, primate of Arles, applied to Pope Agapetus

for means to relieve the poor Christians in Gaul. But, at that time, the

church being quite destitute of money, the pope excused himself, and

quoted the decree of Symmachus. The Arians, and some others, hence

inculcated the doctrine that the alienation of church property, under

any circumstances, was sacrilege. The laws of the empire also forbid

such alienation, but with the proviso, “except there was no other means

by which the poor could be relieved in time of famine, nor the captives

be redeemed from slavery.” Such was the practice among the most pious of

the age.

St. Ambrose did not scruple to melt down the communion-plate of the

church of Milan to redeem some captives, who otherwise must have

continued in slavery. The Arians charged him with sacrilege: in answer

to which he wrote his Apology, which has reached this late day, as the

rules and reasons of the church in such cases. He says—“Is it not better

that the plate should be melted by the bishop to maintain the poor, when

they can be maintained by no other means, than that it should become the

spoil and plunder of a sacrilegious enemy? Will not the Lord thus

expostulate with us, Why did you suffer so many helpless persons to die

with hunger, when you had gold to relieve and support them? Why were so

many captives carried away and sold without ransom? Why were so many

suffered to be slain by the enemy? It would have been better to have

preserved the vessels of living men than lifeless metals. To this, what

answer can be returned? Should one say, I was afraid that the temple of

God should want its ornaments: Christ would answer, My sacraments

require no gold, nor do they please me more for being ministered in

gold, as they are not to be bought with gold. The ornament of my

sacrament is the redemption of captives; and those alone are precious

vessels that redeem souls from death.”

The saint concludes that though it would be highly criminal for a man to

convert the sacred vessels to his own private use, yet it is so far from

being a crime, that he looks upon it as an obligation incumbent on him

and his brethren to prefer the living temples of God to the unnecessary

ornaments of the material edifices. See Ambrose de Offic. lib. ii. cap.

28; and such was the doctrine of St. Austin, see Possid. Vit. Aug. caput

24; of Acacius of Amida, see Socrat. lib. vii. c. 24; of Deigratias of

Carthage, see Vict. de Persec. Vandal, lib. i.; of Cyril of Jerusalem,

see Theodoret, lib. ii. c. 27; yea all, who have touched on the subject,

have subscribed to the doctrine of St. Ambrose. Even the Emperor

Justinian, in his law against sacrilege, forbids the church plate,

vestments, or any other gifts, to be sold, or pawned; but adds, “except

in case of captivity or famine, the lives and souls of men being

preferable to any vessels or vestments whatever.” See Codex Just. lib.

i. tit. 2. de Sacr. Eccles. leg. 21; also see Bower’s Life of Agapetus,

p. 354.

It will be readily conceived that the barbarians, in the earlier ages of

the Christian church, treated their slaves with cruelty, inconsistent

with the spirit of the new religion; and, upon their adoption of the

Christian creed, they sometimes ran into an opposite extreme, contrary

to the rules of the church. In both cases the church used her authority,

and, says Bishop England, upon their embrace of Christianity, “slavery

began to assume a variety of mitigated forms among them,” which will, in

some degree, be developed as we proceed with the history of canonical

legislation on that subject.

The rules of the Christian church are evidently founded upon the laws of

God, as delivered to Moses: “And if a man smite his servant, or his

maid, with a rod, and he die under his hand, he shall be surely

punished. Notwithstanding, if he continue a day or two, he shall not be

punished: for he is his money.”

“If a man smite the eye of his servant, or the eye of his maid, that it

perish, he shall let him go free for his eye’s sake. And if he smite his

man-servant’s tooth, or his maid-servant’s tooth, he shall let him go

for his tooth’s sake.” _Exod._ xxi. 20, 21, 26, 27. And if a man took

his female slave to wife, and became displeased with her * * * she

should be free. See _Deut._ xxi. 10–15. But fornication in a female

slave was not punished by death, but by stripes. See _Lev._ xix. 20–23.

Neither the laws of Moses, nor indeed of any civilized people, have ever

permitted unusual or cruel punishments to be inflicted on the slave.

Civilization, as well as Judaism, seems to have inculcated, “Be not

excessive toward any; and without discretion do nothing. If thou have a

servant, let him be unto thee as thyself, because thou hast bought him

with a price.” _Eccl._ xxxiii. 29.

Among heathen nations, their laws were to the effect, that when the

slave, sick or wounded, was neglected, or abandoned to his fate by his

master; yet, if he recovered, the master should lose his property in

such slave, and the slave should be free; and such neglect was often

otherwise made punishable. The Roman law sanctioned this doctrine: “Si

verberatus fuerit _servus_ non mortifere, negligentia autem perierit, de

vulnerato actio erit, non de occiso.” See Lex Aquillia. And so in

ancient France, see Fœdere, vol. iii. p. 290: _If negligence or bad

treatment towards the slave was proved in the master, the slave was

declared free._

At this day, in all civilized countries, the civil law forbids unusual

and cruel punishment of slaves, and also a wanton and careless

negligence of them, either in sickness or health. Thus the law punishes

the master for his neglect to govern his slaves, by making him

responsible for their bad conduct, and the damage their want of proper

government may occasion others.

In the year 494, Pope Gelesius admonished the bishops, at their

ordinations, that—

“Ne unquam ordinationes præsumat illicitas; ne * * * curæ aut cuilibet

conditioni obnoxium notatumque ad sacros ordines permittat accedere.”

_That he should never presume to hold unlawful ordinations; that he

should not allow to holy orders * * * any person bound to the service of

the court, or liable to bond for his condition_ (slavery) _or marked

thereto_.

In the year 506, a council was held at Agdle, the sixty-second canon of

which is—

“Si quis servum proprium sine conscientiâ, judicis occiderit,

excommunicatione vel pœnitentia biennii reatum sanguinis emendabit.”

_If any one shall put his own servant to death, without the knowledge of

the judge, let him make compensation for the guilt of blood by

excommunication or two years’ penance._

Another council was held eleven years later. Many of the canons of this

synod are transcripts of those of Agdle. The thirty-fourth is:

“Si quis servum proprium sine conscientiâ, judicis occiderit,

excommunicatione biennii effusionem sanguinis expiabit.”

_If any one shall slay his own servant without the knowledge of the

judge, let him expiate the shedding of blood by an excommunication of

two years._

This was nearly two hundred years after the law of Constantine

forbidding this exercise of power by the master.

The third council of Orleans was held in the year 538.

The thirteenth canon regulates, that if Christian slaves shall be

possessed by Jews, and these latter require them to do any thing

forbidden by the Christian religion, or if the Jews shall seize upon any

of their servants to whip or punish them for those things that have been

declared to be excusable or forgiven, and those slaves fly to the church

for protection, they are not to be given up, unless there be given and

received a just and sufficient sum to warrant their protection.

The canon xxvi. gives a specimen of the early feudalism nearly similar

to the subsequent villain service.

“Ut nullus servilibus colonariisque conditionibus obligatus, juxta

statuta sedis apostolicæ, ad honores ecclesiasticos admittatur; nisi

prius aut testamento, aut per tabulas legitime constiterit absolutum.

Quod si quis episcoporum, ejus qui ordinatur conditionem sciens,

transgredi per ordinationem inhibitam fortasse voluerit, anni spatio

missas facere non præsumat.”

_Let no one held under servile or colonizing conditions be admitted to

church honours, in violation of the statutes of the Apostolic see;

unless it be evident that he has been previously absolved therefrom by

will or by deed. And if any bishop, being aware of such condition of the

person so ordained, shall wilfully transgress by making such unlawful

ordination, let him not presume to celebrate mass for the space of a

year._

The colonial condition was in its origin different from the mere

servile. The _mancipium_ or _manu captum_ was the _servus_ or slave made

in war: the _colonus_, or husbandman, though, at the period at which we

are arrived, he frequently was in as abject a condition, yet was so by a

different process. St. Augustine, in cap. i. lib. x. _De Civitate Dei_,

tells us, “Coloni _dicuntur_, qui conditionem debebant genitali solo

propter agriculturam sub dominio possessorum.” They are called

_colonists who owe their condition to their native land, under the

dominion of its possessors_.

The following history of various modes by which they became servants, is

taken from the work _De Gubernat. Dei_, lib. v., by the good and erudite

Salvianus, a priest, who died at Marseilles, about the year 484.

Nonnulli eorum de quibus loquimur, * * * cum domicilia atque agellos

suos pervasionibus perdunt, aut fatigati ab exactoribus deserunt, quia

tenere non possunt, fundos majorum expetunt, et coloni divitum fiunt.

Aut sicut solent hi qui hostium terrore compulsi, ad castella se

conferunt, aut qui perdito ingenuæ incolumitatis statu ad asylum aliquod

desperatione confugiunt: ita et isti qui habere amplius vel sedem vel

dignitatem suorum natalium non queunt, jugo se inquilinæ abjectionis

addicunt: in hanc necessitatem redacti, ut exactores non facultatis

tantum, set etiam conditionis suæ, atque exultantes non a rebus tantum

suis, sed etiam a seipsis, ac perdentes secum omnia sua, et rerum

proprietate careant, et jus libertatis amittant. * * * Illud gravius et

acerbius, quod additur huic malo servilius malum. Nam suscipiuntur

advenæ, fiunt præjudicio habitationis indigenæ, et quos suscipiunt ut

extraneos et alienos, incipiunt habere quasi proprios: quos esse constat

ingenuos, vertunt in servos.

_Some of those, when they lose their dwellings and their little fields

by invasion, or leave them, being worried by exactions, as they can no

longer hold them, seek the grounds of the larger proprietors, and become

the colonists of the wealthy. Or, as is usual with those who are driven

off by the fear of enemies, and take refuge in the castles, or who,

having lost their state of safe freedom, fly to some asylum in despair:

so they who can no longer have the place or the dignity derived from

their birth, subject themselves to the abject yoke of the sojourner’s

lot; reduced to such necessity, that they are stripped not only of their

property, but also of their rank; going into exile not only from what

belongs to them but from their very selves, and with themselves losing

all that they had, they are bereft of any property in things and lose

the very right of liberty. * * * A more degrading injury is added to

this evil. For they are received as strangers, they become inhabitants

bereft of the rights of inhabitants; they who receive them as foreigners

and aliens begin to treat them as property, and change into slaves those

who, evidently, were free._

In this picture of the colonist, we may find the outline of the villain

of a later age; and in the several enactments and regulations of

succeeding legislators and councils, we shall discover the changes which

servitude underwent previous to its total extinction in Europe.

Flodoardin, c. 28, History of the church of Rheims, gives us the will of

St. Remi, its bishop, who baptized Clovis, upon his conversion in 496,

and who was still living in the year 550. This document grants freedom

to some of the colonists belonging to that church and retains others in

service.

Du Cange says (Art. _Colonus_) that though in several instances the

condition of the colonists was as abject as that of slaves, yet

generally they were in a better position. _Erant igitur coloni mediæ

conditionis inter ingenuos seu liberos et servos._

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