LESSON XI.

At this age of the world, there still existed a feeling of rivalship

between the Jew, the pagan, and the Christian; and, in truth, between

some of the different sects of the latter, as to which system of

religion should prevail. This state of facts often rendered the

condition of the slave peculiar.

The Jew and the Christian were in opposition from the very origin of

Christianity. The first persecutors of the Christians were the relatives

of the first Christians; the death of the Saviour and the martyrdom of

Stephen, the imprisonment of Peter, the mission of Saul to Damascus, and

a variety of other similar facts, exhibit in strong relief the spirit of

hatred which caused not merely separation, but enmity. The destruction

of Jerusalem, the captivity of the people who preserved the early

records of revelation, and the increase of the Christian religion, even

under the swords and the gibbets of its persecutors, only increased and

perpetuated this feeling.

The pride of the Gentile ridiculed what he denominated superstition:

while he smote the believer whom he mocked, he bowed before the idol of

paganism. The early heresies of those who professed the Christian name,

but separated from Christian unity, sprang generally from the efforts to

destroy the mysterious nature of the doctrine of the apostles, and to

explain it by the system of some Gentile philosopher, or to modify it by

superinducing some Judaic rite or principle. The Jew, the Gentile, and

the heretic equally felt elevated by his imagined superiority over the

faithful follower of the doctrine of the Galilean. Thus the sword of the

persecutor, the scoff of ridicule, and the quibbling of a false

philosophy, were all employed against the members of the church; and

among those who were by their situation the most exposed to suffering,

were the Christian slaves of the enemies of the cross. Even they who

belonged to the faithful had peculiar trials, because, frequently, in

times of persecution, masters, desirous of obtaining protection, without

actually sacrificing to idols, compelled their servants to personate

them in perpetrating the crime. They were frequently circumcised, even

against their will, by the Jewish owners. They were frequently mutilated

by the infidel master. They were also exposed to the continued hardships

and enticements of owners who desired to make them proselytes.

It was, therefore, at an early period after the conversion of

Constantine, enacted that no one who was not a Christian should hold a

Christian slave, upon that principle contained in _Lev._ xxv. 47, 48. We

find in the civil code, lib. i. tit. 10, “Judæus servum Christianum nec

comparare debebit, nec largitatis aut alio quocumque titulo

consequetur.” _A Jew shall not purchase a Christian slave, nor shall he

obtain one by title of gift, nor by any other title._

In a subsequent part of the title the penalty is recited, “non solum

mancipii damno mulctetur, verùm etiam capitali sententia punietur.” _Not

only shall he be mulcted by the loss of the slave, but he shall be

punished by a capital sentence._

By a decree of Valentinian III., found after the Theodosian code, and

entitled, “De diversis ecclesiasticis capitibus,” bearing date 425,

Aquileia, vii. of the ides of July, Jews and pagans were prohibited from

holding Christian slaves.

Thus by the laws of the empire at this period, no Jew or Gentile could

have any property in a Christian slave. This principle was not adopted

until a much later period by the Franks and other nations, and this will

account for the diversity of legislation and of judgment which the books

of the same period exhibit in various regions.

Another clause of the code was more comprehensive: “Græcus, seu paganus,

et Judæus, et Samaritanus, et alius hæreticus, id est, non existens

orthodoxus, non potest Christianum mancipium habere.” _A Greek or pagan,

a Jew, a Samaritan, and any heretic, that is, one not orthodox, cannot

hold a Christian slave._

The authority of Gregory over Sicily was not merely spiritual. He had a

temporal supervision, if not a full sovereignty, over the island.—The

document is ep. xxxvii. lib. ii. indict. xi.

* * * * *

GREGORIUS Libertino, Præfecto Siciliæ.

_De præsumptione Nasæ Judæi, qui altare nomine B. Heliæ construxerat, et

de mancipiis Christianis comparatis._

Ab ipso administrationis exordio, Deus vos in causæ suæ voluit vindicta

procedere, et hanc vobis mercedem propitius cum laude servavit. Fertur

siquidem quòd Nasas quidam sceleratissimus Judæorum, sub nomine beati

Heliæ altare puniendâ temeritate construxerit, multosque illic

Christianorum ad adorandum sacrilegâ seductione decepit. Sed et

Christiana, ut dicitur, mancipia comparavit, et suis ea obsequiis ac

utilitatibus deputavit. Dum igitur severissimè in eum pro tantis

facinoribus debuisset ulcisci, gloriosus Justinus medicamento avaritiæ,

ut nobis scriptum est, Dei distulit injuriam vindicare. Gloria autem

vestra hæc omnia districtâ examinatione perquirat: et si hujusmodi

manifestum esse repererit, ita districtissime ac corporaliter in eundem

sceleratum festinet vindicare Judæum; quatenus hâc ex causâ et gratiam

sibi Dei nomine conciliet, et his se posteris pro suâ mercede imitandum

monstret exemplis. Mancipia autem Christiana, quæcumque eum comparasse

patuerit, ad libertatem, juxta legum præcepta, sine omni ambiguitate

perducite, ne, quod absit, Christiana religio Judais subdita polluatur.

Ita ergo omnia districtissimè sub omni festinatione corrigite, ut non

solum pro hâc vobis disciplinâ gratias referamus, sed et testimonium de

bonitate vestrâ ubi necesse fuerit, præbeamus.

GREGORY to Libertinus, Prefect of Sicily:

Concerning the presumption of Nasas, a Jew, who had erected an altar in

the name of the blessed Elias; and concerning the procuring of Christian

slaves.

_God has willed that from the very beginning of your administration you

should proceed to the avenging of his cause; and he has mercifully kept

this reward for you with praise. It is indeed said that one Nasas, a

very wicked man, of the Jewish people, has, with a rashness deserving

punishment, constructed an altar under the name of the blessed Elias,

and deceitfully and sacrilegeously seduced many Christians thither for

adoration. It is also said that he has procured Christian slaves, and

put them to his service and profit. It has also been written to us that

the most glorious Justin, when he ought to have most severely punished

him for such crimes, has, through the soothing of his avarice, put off

the avenging of this injury to God._

_Do you, glorious sir, most closely examine into all the premises; and

if you shall find the allegations evidently sustained, hasten to proceed

most strictly to have bodily justice done upon this wicked Jew, so as to

procure for yourself the favour of God in this case, and to exhibit for

your reward, to those who will come after us, an example for imitation.

But, further, do you carry through, according to the prescriptions of

the laws, to their liberty, without any cavilling, every and any

Christian slaves that it may be evident he procured, lest, which God

forbid, the Christian religion should be degraded by subjection to the

Jews._

_Therefore do all this correction most exactly and quickly, that you may

not only have our thanks for preserving discipline, but that we may,

when opportunity offers, give you proof of our recognition for your

goodness._

* * * * *

Canon xxx. of the fourth council of Orleans:

Cùm prioribus canonibus jam fuerit definitum, ut de mancipiis

Christianis, quæ apud Judæos sunt, si ad ecclesiam confugerint, et

redimi se postulaverint, etiam ad quoscumque Christianos refugerint, et

servire Judæis noluerint, taxato et oblato a fidelibus justo pretio, ab

eorum dominio liberentur; ideo statuimus, ut tam justa constitutio ab

omnibus Catholicis conservetur.

_Whereas it has been decreed by former canons, respecting the Christian

slaves that are under the Jews, that if they should fly to the church,

or even to any Christians, and demand their redemption, and be unwilling

to serve the Jews, they should be freed from their owners upon a fair

price being assessed by the faithful and tendered for them: we therefore

enact that this so just a regulation shall be observed by all

Catholics._

At this period, 541, in this province and kingdom, the Jew had a good

title to his Christian slave, and could not be deprived of him except by

law, or for value tendered.

The first council of Macon was assembled at the request of King Guntram,

or Goutran, one of the sons of Clotaire I., to whom the division of

Orleans was left upon the death of his father in 561. This assembly was

held in 581. The sixteenth canon is—

Et licet quid de Christianis, qui aut captivitatis incursu, aut

quibuscumque fraudibus, Judæorum servitio implicantur, debeat observari,

non solum canonicis statutis, sed et legum beneficio pridem fuerit

constitutum: tamen quia nunc ita quorundam querela exorta est, quosdam

Judæos, per civitates aut municipia consistentes, in tantam insolentiam

et proterviam prorupisse ut nec reclamantes Christianos liceat vel

precio de eorum servitute absolvi. Idcirco præsenti concilio, Deo

auctore, sancimus, ut nullus Christianus Judæo deinceps debeat servire;

sed datis pro quolibet bono mancipio xii. solidis, ipsum mancipium

quicumque Christianus seu ad ingenuitatem, seu ad servitium, licentiam

habeat redimendi: quia nefas est, ut quos Christus Dominus sanguinis

effusione redemit persecutorum vinculis maneant irretiti. Quod si

acquiescere his quæ statuimus quicumque Judæus noluerit, quamdiu ad

pecuniam constitutam venire distulerit, liceat mancipio ipsi cum

Christianis ubicumque voluerit habitare. Illud etiam specialiter

sancientes, quod si qui Judæus Christianum mancipium ad errorem Judaicum

convictus fuerit persuasisse, ut ipso mancipio careat, et legandi

damnatione plectetur.

_And although the mode of acting in regard to Christians who have been

entangled in the service of the Jews by the invasions for making

captives, or by other frauds, has been regulated heretofore not only by

canonical enactments, but also by favour of the civil laws; yet because

now the complaint of some persons has arisen, that some Jews dwelling in

the cities and towns have grown so insolent and bold, that they will not

permit the Christians demanding it to be freed even upon the ransom of

their service; wherefore, by the authority of God, we enact by this

present act of council, that no Christian shall henceforth lawfully

continue enslaved to a Jew; but that any Christian shall have the power

of redeeming that slave either to freedom or to servitude, upon giving

for each good slave the sum of twelve shillings_ (_solidum_): _because

it is improper that they whom Christ redeemed by the shedding of his

blood, should continue bound in the chains of persecutors. But if any

Jew shall be unwilling to acquiesce in these enacted provisions, it

shall be lawful for the slave himself to dwell where he will, with

Christians, as long as the Jew shall keep from taking the stipulated

money. This also is specially enacted, that if any Jew shall be

convicted of having persuaded his Christian slave to the adoption of

Jewish error, he shall be deprived of the slave and amerced to make a

gift._

It was only at this period that we find any of the laws of the Franks

introducing the right of a Christian to refuse service to a Jew. This,

however, was not the case in all the territory, for that over which

Guntram ruled was but a fourth part of the empire.

The following is ep. xxi. lib. iii. indic. xii.

* * * * *

GREGORIUS Venantio, Episcopo Lunensi:

_Quod Judæi non possunt Christiana habere mancipia: sed coloni et

originarii pensiones illis præbere debent._

Multorum ad nos relatione pervenit, a Judæis in Lunensi civitate

degentibus in servitio Christiana detineri mancipia: quæ res nobis tanto

visa est asperior, quanto ea fraternitati tuæ patientia operabatur.

Oportebat quippe te respectu loci tui, atque Christianæ religionis

intuitu, nullam relinquere occasionem, ut superstitioni Judaicæ

simplices animæ non, tam suasionibus quam potestatis jure, quodammodo

deservirent. Quamobrem hortamur fraternitatem tuam, ut secundum

piissimarum legum tramitem, nulli Judæo liceat Christianum mancipium in

suo retinere dominio. Sed si qui penes eos inveniuntur, libertas eis

tuitionis auxilio ex legum sanctione servetur. Hi vero qui in

possessionibus eorum sunt, licet et ipsi ex legum distinctione sint

liberi; tamen quia colendis eorum terris diutius adhæserunt, utpote

conditionem loci debentes, ad colenda quæ consueverant rura permaneant,

pensionesque prædictis viris præbeant: et cuncta quæ de colonis vel

originariis jura præcipiunt, peragant, extra quod nihil eis oneris

amplius indicatur. Quodsi quisquam de his vel ad alium migrare locum,

vel in obsequio suo retinere voluerit, ipse sibi reputet, qui jus

colonarium temeritate suâ, jus vero juris dominii sui severitate

damnavit. In his ergo omnibus ita te volumus solerter impendi, ut nec

direpti gregis pastor reus existas, nec apud nos minor æmulatio

fraternitatem tuam reprehensibilem reddat.

* * * * *

GREGORY _to Venantius, Bishop of Luna_:

That Jews should not have Christian slaves, but that colonists and those

born on their lands should pay them pensions.

_We have learned by the report of many persons that Christian slaves are

kept in servitude by the Jews dwelling in the city of Luna, which is the

more grievous to us as it has been caused by the remissness of you our

brother. For it was becoming you, as well by reason of the place you

hold, as from your regard for the Christian religion, not to allow the

existence of any occasion by which simple souls may be subjected to the

Jewish superstition, not only by the force of persuasion, but by a sort

of right arising from power. Wherefore we exhort you, our brother, that,

according to the regulation of the most pious laws, it should not be

permitted to any Jew to keep a Christian slave under his dominion, and

that if any such be found under them, the liberty of such should be

secured by the process of law and the aid of protection._

_And as regards those who are on their lands, though by strict

construction of law they may be free, yet, because they have remained a

long time in the cultivation of the soil, as bound to the condition of

the place, let them remain to till the lands as they have used to do,

and pay their pension to the aforesaid men; and let them do all that the

laws require of colonists or persons of origin. Let no additional

burthen however be laid on them._

_But should any one of these desire to migrate to another place; or

should he prefer remaining in his obedience, let the consequences be

attributed to him who rashly violated the colonial rights, or who

injured himself by the severity of his conduct towards his subject._

_It is our wish that you be careful so to give your attention to all

these letters as not to be the guilty pastor of a plundered flock, nor

that your want of zeal should compel us to reprehend our brother._

* * * * *

The law of the empire in force through Italy and Sicily:

1. Slaves who were Christians could not be held by those who were not

Christians.

2. It being unlawful for others than Christians to hold them, these

others could have no property in them: the persons so held were entitled

to their freedom.

3. The church was the guardian of their right to freedom, and the church

acted through the bishop.

4. Consequently it was the duty, as it was the right, of the bishop to

vindicate that freedom for those so unjustly detained.

5. The right and duty of the pope was to see that each bishop was

careful in his charge, and this part of his charge came as much as any

other did under the supervision of his superior and immediate inspector,

and it was the duty of that superior to reprehend him for any neglect.

6. The law of each country was to regulate the duty of the master and

slave, and if that law made, as in Italy and its environs, the church

the proper tribunal for looking to the performance of those duties, any

neglect of the church in its discharge would be criminal.

7. Through the greater part of Italy and Sicily, at this period, the

pope was the sovereign, and it was only by his paramount influence that

the half-civilized Gothic and Lombard chiefs were kept in any order, and

their despotism partially restrained.

They were times of anarchy, between which and the present no analogy

exists. The Jews and separatists from the church were very numerous, and

on their side, as well as on that of their opposers, passion frequently

assumed the garb of religion, and the unfortunate slave was played upon

by each. The position of the pope was exceedingly difficult, for while

he had to restrain the enemies of the church on one side, he had to

correct the excesses of its partisans upon the other.

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