VIII. _De servis fugacibus._

Ubique intra Italiam, sive regius, sive ecclesiasticus, vel cujuslibet

alterius hominis servus fugitivus inventus fuerit à domino suo sine ullâ

annorum præscriptione vindicetur, eâ tamen ratione, si dominus Francus

sive Alemannus, aut alterius cujuslibet nationis sit. Si vero

Longobardus aut Romanus fuerit, eâ lege servos suos vel adquirat vel

admittat, quæ antiquitùs inter eos constitutus est.

“_Concerning runaway slaves._

“Wheresoever within the bounds of Italy, either the runaway slave of the

king or of the church or of any other man shall be found by his master,

he shall be restored without any bar of prescription of years; yet upon

the provision that the master be a Frank or a German or of any other

nation, (foreign.) But if he be a Lombard or a Roman, he shall acquire

or receive his slaves by that law which has been established from

ancient times among them.”

Here is evidence of the prevalent usage of the church holding property

in slaves, just as commonly as did the king or any other person.

In the year 805, Charlemagne published a capitulary at Thionville, in

the department of Moselle, France, (Theodonis villa.) In the chap. xi.

we read—

_De servis propriis vel ancillis._

De propriis servis et ancillis, ut non suprà modum in monasteria

sumantur, ne deserentur villæ.

“_Concerning their own male or female slaves._

“Let not an excessive number of their own male or female slaves be taken

into the monasteries, lest the farms be deserted.”

This capitulary regards principally the regulation of monasteries.

St. Pachomius, who was born in Upper Egypt, in 292, and who was the

first that drew up a regular monastic rule, would never admit a slave

into a monastery. _Tillemont_, vii. p. 180.

In the year 813, a council was held at Chalons, the portions of whose

enactments in any way affecting property or civil rights were confirmed

by Charlemagne and made a portion of the law of the empire.

Many of the churches, especially in the country, were curtailed in their

income and reduced to difficulties, because the bishops and abbots had

large estates within their parishes, and many servants occupied in their

cultivation, and the prelates prevented these servants paying tithes to

the parish clergy, claiming for themselves an exemption from the

obligation. The canon xix. is the following:

Questi sunt præterea quidam fratres, quod essent quidam episcopi et

abbates, qui decimas non sinerent dari ecclesiis ubi illi coloni missas

audiunt. Proinde decrevit sacer ille conventus, ut episcopi et abbates

de agris et vineis, quæ ad suum vel fratrum stipendium habent, decimas

ad ecclesias deferri faciant: familiæ vero ibi dent decimas suas, ubi

infantes eorum baptizantur, et ubi per totum anni circulum missas

audiunt.

“Moreover some brethren have complained, that there were some bishops

and abbots who would not permit tithes to be given to those churches

where colonists hear mass. Wherefore that holy assembly decreed, that,

for those fields and vineyards which they have for their own support or

that of their brethren, the bishops and abbots should cause the tithe to

be paid to the churches. And let the servants pay their tithes to the

church where their infants are baptized, and where during the year they

hear mass.”

In this we have additional evidence of the fact that large bodies of

land, and numerous servants attached to them, were held by bishops and

abbots, not only for themselves, but for their churches and their

monasteries. The canon xxx. is the following:

Dictum nobis est quod quidam legitima servorum matrimonia potestivâ

quâdam præsumptione dirimant, non attendentes illud evangelicum: _Quod

Deus conjunxit, homo non separet._ Unde nobis visum est, ut conjugia

servorum non dirimantur, etiam si diversos dominos habeant: sed in uno

conjugio permanentes dominis suis serviant. Et hoc in illis observandum

est, ubi legalis conjunctio fuit, et per voluntatem dominorum.

“It has been stated to us that some persons, by a sort of magisterial

presumption, dissolve the lawful marriages of slaves; not regarding that

evangelical maxim, _What God hath put together, let man not separate_.

Whence it appears to us, that the wedlock of slaves may not be

dissolved, even though they have different masters; but let them serve

their masters, remaining in one wedlock. And this is to be observed with

regard to those where there has been a lawful union, and with the will

of the owners.”

In the year 816, a council was held at Aix-la-Chapelle, in which a large

portion of the canon law then in force regarding the clergy was imbodied

into one hundred and forty-five chapters. After the session of the

council, the emperor published a capitulary containing thirty chapters;

the sixth of which complains of the continued indiscretion of bishops in

ordaining servants, contrary to the canons, and forbids such ordinations

except upon the master’s giving full liberty to the slave. If a servant

shall impose upon a bishop by false witnesses or documents of freedom,

and thus procure ordination, he shall be deposed and taken back by his

owner. If the descendant of a slave who came from abroad shall have been

educated and ordained, where there was no knowledge of his condition,

should his owner subsequently discover him and prove his property, if

this owner grants him liberty, he may keep his clerical rank; but if the

master asserts his right and carries him away, though the slave does not

lose his character of order, he loses his rank, and cannot officiate.

Should masters give servants freedom that they may be capable of

ordination, it shall be in the master’s discretion to give or to

withhold the property necessary to enable the person to get orders.

The archbishops are to have in each province the emperor’s authority in

the original, to authorize their ordaining the servants of the church,

and the suffragan bishops are to have copies of this original, and when

such servant is to be ordained, this authority must be read for the

people from the pulpit or at the corner of the altar. The like form was

to be observed when any of the laity desired to have any servant of the

church promoted to orders, or when the like promotion was petitioned for

by the prior of a chapter or of a monastery. Lotharius, the emperor,

published a capitulary in Rome, in 842.

In the third chapter of the first part, we find the following

expression:

In electione autem Romani pontificis nullus, sive liber sive servus,

præsumat aliquod impedimentum facere.

“Let no one, whether freeman or slave, presume to create any impediment

in the election of the Roman pontiff.”

Which leads us to suspect that some slaves possessed considerable power

or influence.

In the second chapter, fines are imposed for creating riots in any

church. And the chapter concludes in the following words:

Et qui non habet unde ad ecclesiam persolvat, tradat se in servitio

eidem ecclesiæ, usque dam totum debitum persolvat.

“And let him who has not the means of paying the church, give himself in

servitude to that same church until he pays the whole debt.”

By the tenth chapter he restrained the power of manumission.

Quod per xxx annos servus liber fieri non possit, si pater illius

servus, aut mater ancilla fuit. Similiter de Aldionibus præcipimus.

“That a slave whose father or whose mother was a slave cannot become

free before thirty years of age. We order that the same shall be the

case respecting Aldions.”

In the twelfth he states that these are but a continuance of the laws of

his grandfather Charles and of his father Louis. And in tit. i. 12 of

Ulpian, reference is made to a variety of enactments of the ancient

Roman law, that a slave manumitted under the age of thirty could not be

a Roman citizen except by a special grant of a court.

The thirteenth declares that free women who unite with their own slaves

are in the royal power, and are given up, together with their children,

to slavery among the Lombards.

The fourteenth enacts that a free woman who shall unite herself to the

male slave of another, and remain so for a year and a day, shall,

together with her children, become enslaved to her husband’s owner.

The fifteenth regulates that if the free husband of a free woman shall,

for crime or debt, bring himself into servitude to another, and she not

consent to remain with him, the children are free; but if she die, and

another free woman, knowing his condition, marries him, the children of

this latter shall be slaves.

A number of chapters are also on these records showing the insufficiency

of servile testimony. Others provide against the oppression of poor

freemen, so that they shall not be easily compelled to sell themselves

into slavery.

About the year 860, Pope Nicholas I. sent to the newly converted

Christians of Bulgaria answers to several inquiries which they made for

the regulation of their conduct. The ninety-seventh regards slaves who

accuse their masters to the prince or to the court: and the pope refers

them to the obligation of the master as given in chapter vi. of the

epistle of St. Paul to the Ephesians, (not to use threatenings towards

their servants,) and then asks, how much more strongly does the spirit

of this maxim of kindness and affection bear upon the servant, and teach

him to be of an humble and forgiving disposition, such as that chapter

enjoins; referring also to the direction of our Saviour, _Luke_ vi. 37,

and the injunction of the apostle, 1 _Thess._ v. 15, for their

direction.

At this period of time, the piratical wars of the Northmen, who were

perpetually making inroads on the rest of Europe, kept the whole of

Christendom in commotion, and marked perhaps the darkest period of the

dark ages.

------------------

Studies on Slavery, in Easy Lessons · 第 123 / 254 题