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 calledvindicta, 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 theprivilege 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 hisbooki.,on the Sermon of Christ on the Mount, he dwells upon the duty of Christian masters to their slaves. They are notto 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 ofeven 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. 2de 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 hasreached 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 varietyof 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. SeeDeut.xxi. 10–15. But fornication in a female slave was not punished by death, but by stripes. SeeLev.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 fueritservusnon 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 * * * curæaut 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. Themancipiumormanu captumwas theservusor slave made in war: thecolonus, 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,“Colonidicuntur, qui conditionem debebant genitali solo propter agriculturam sub dominio possessorum.”They are calledcolonists 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 workDe 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.
From the fact that the slaves of this era were of the same colour and other physical qualities of their masters; from their great number, and consequently little value, their condition became attended with extremely diverse circumstances; so various were, therefore, the relations between them and the master, that it would now be impossible, perhaps, to give an accurate history of their various castes. These facts should be kept in mind, lest we mistake, and find confusion, where distinction was sufficiently clear and obvious.
Muratori, treating of the Roman slaves and freedmen, acknowledges that he is unable accurately to state the conditions on which they manumitted their slaves. In his treatise, “Sopra i Servi e Liberti Antichi,” he has a passage thus:
Noi non sappiamo se con patti, e con quai patti una vulta si manomettessero que’ Servi, che poi continuavano come Liberti a servire in Casa de’ loro Padroni, con essere alzati a piu onorati impieghi. Sappiamo bensi dal Tit.ne Operis Libertorum, e dall’ altrode bonis Libertorumne’ Digesti, che moltissimi acquistavano la Liberta con obbligarsi di fare ai Padroni de’ Regaii, o delle Fatture, se erano Artefici,Operas, vel Donum. Questo si praticava verisimilmente dai soli Mercatanti, ed altri Signori dati all’ interarse, ma non gia dalle Nobili Case. Per conto di questo, le antiche Iscrizioni ci fanno vedere, che moltissimi furono coloro, che anche dopo la conseguita Liberta seguitavano a convivere, e servire in quelle medesime Case, non piu come Servi, ma come Liberti, perche probabilmente tornava il conto agli uni e agli altri. I Padroni si servivano di Persone loro confidenti, e gia innestate nella propria Famiglia; ei Liberti cresciuti di onore, e di guadagno poteano cumulare roba per se e per li Figli. Non ho io potuto scoprire se i Romani tenessero Servi Mercenarj come oggidi. O di veri Servi, o di Liberti allora si servivano. Cio posto, maraviglia e, che il Pignoria, in trattando degli Ufizj de’ Servi antichi, imbrogliasse tanto le carte, senza distinguere i Servi dai Liberti, e con attribuir molti impieghi ai primi, che pure erano riserbati agli ultimi. E piu da stupire e, citarsi da lui Marmi, che parlano di Liberti, e pure sono presi da esso, come se parlassero di Servi.
We know not whether they manumitted upon condition, or, if so, upon what conditions they manumitted formerly those servants who continued thenceforth as freed persons, but elevated to more honourable employments, to serve in the houses of their masters. We do indeed know in the Tit.de Operis Libertorum,and in anotherde bonis Libertorumof the Digests, that very many acquired their liberty with the obligation of giving to their masters presents, or doing work if they were artists, Operas vel donum.This was in all likelihood practised only by merchants or other masters given to making profit, but not by noble houses. As to these the ancient inscriptions exhibit to us that very many who obtained their freedom, yet continued to live and to do service in those same houses, no longer as slaves, but as freed persons, becauseprobably each party found it beneficial. The patrons kept about them persons in whom they had confidence, and who had already been engrafted on their families; the freed persons, grown to honour and making profit could create property for themselves and for their children. I cannot discover whether the Romans had hireling servants, as is now the case. They had then true slaves and sometimes freed persons. This being the case, it is matter of surprise that Pignoria, in treating of the employment of the ancient slaves, should have been so perplexed as not to be able clearly to distinguish slaves from freed persons, and should have attributed to the former many employments which were specially reserved for the latter: and it is more to be wondered at, that marbles which speak of freed persons are referred to by him and explained as treating of slaves.
It is clear that even in the days of the Emperor Claudius, to whose reign,A.D.45, the marble of which he treats refers, and probably long before that period, many of the freedmen of the Roman empire were bound to do certain services for the patrons who had been their masters, and that this obligation descended to their progeny. Hence this would still be a species of servitude.
The barbarians who overran the empire came chiefly from Scythia and Germany, as that vast region was then called which stretches from the Alps to the Northern Ocean. When they settled in the conquered provinces of Gaul and in Italy, they introduced many of their customs as well of government as of policy. Most of their slaves were what the writers of the second, third, and fourth centuries describe ascoloniandconditionibus obligati. As Tacitus describes, in xxv.De Moribus Germanorum:
“The slaves in general are not arranged at their several employments in the household affairs, as is the practice at Rome. Each has his separate habitation, and his own establishment to manage. The master considers him as an agrarian dependant, who is obliged to furnish a certain quantity of grain, cattle, or wearing-apparel. The slave obeys, and the state of servitude extends no further. All domestic affairs are managed by the master’s wife and children. To punish a slave with stripes; to load him with chains, or condemn him to hard labour, is unusual. It is true that slaves are sometimes put to death, not under colour of justice, or of any authority vested in the master; but in a transport of passion, in a fit of rage, as is often the case in a sudden affray but it is also true that this species of homicide passes with impunity.The freedmen are not of much higher consideration than the actual slaves; they obtain no rank in their master’s family, and, if we except the parts of Germany where monarchy is established, they never figure on the stage of public business. In despotic governments they often rise above the men of ingenuous birth, and even eclipse the whole body of the nobles. In other states the subordination of the freedmen is a proof of public liberty.”
At all ages, slaves who belonged to the absolute monarch, sometimes became elevated above the native nobility: witness the case of Joseph in Egypt; of Ebed Melech, who was black, in Judea; of Haman, also a black, an Amalekite; of Mordecai, his successor; of Esther the queen; of Daniel the prophet, and Felix, governor of Judea, a Greek slave to the Roman emperor. But such things can never occur in a republic. To a political misfortune of this kind the prophet alludes—“Servants (slaves) have ruled over us”—than which nothing can be more expressive of the loss of liberty.
In the appendix to the Theodosian code, Const. 5, we read—
Inverecundâ arte defendetur, si hi ad conditionem vel originem reposcuntur, quibus tempore famis, cum in mortem penuria cogerentur, opitulari non potuit dominus aut patronus.
It is forbidden as a shameless trick, that an effort should be made to regain to their condition or original state, those whom the master, or patron could not aid, when, in a period of famine, they were pressed nearly to death by want.
This exhibits the obligation on the patron of the personunder condition, and on the master of the slave, to support them, and the destruction of their title by the neglect of their duty.
Muratori observes, that in process of time, the special agreements and particular enactments regarding theconditions, gave such a variety as baffled all attempts at classification and precision.
At a much earlier period, slaves had become a drug in the Italian market. When, about the year 405, Rhadagasius, the Goth, was leading upwards of three hundred thousand of his barbarians into Italy, the Emperor Honorius ordered the slaves to be armed for the defence of the country, by which arming they generally obtained their freedom; Stilichon, the consul, slew nearly one hundred and fifty thousand of the invaders in the vicinity of Florence, and made prisoners of the remainder, who were sold as slaves at the low price of one piece of gold for each.Jacobs estimates theaureusat eleven shillings. It is supposed to have contained about 70 grains of gold, which will make the price of a slave, at that time, about $2.60. But Wilkins (Leges Saxon.) informs us that, in England, about the year 1000, the price of a slave was £2 16s.3d.sterling, not quite the value of two horses. But, of these slaves of Stilichon, numbers died within the year, so that Baronius relates (Annals,A.D.406) that the purchasers had to pay more for their burial than for their bodies; according to the remarks of Orosius, in this state of the market, it was easy for the slave to procure that he should be heldat a condition, and thenceforth the number under condition greatly increased, and in process of time became more numerous than those in absolute slavery.
In the year 541, the fourth council of Orleans was celebrated, in the thirtieth year of King Childebert. The ninth canon:—Ut episcopus, qui de facultate propria ecclesiæ nihil relinquit, de ecclesiæ facultate si quid aliter quam canones eloquuntur obligaverit, vendiderit aut distraxerit, ad ecclesiam revocetur, (ab ecclesia,in other editions.) Sane si de servis ecclesiæ libertos fecit numero competenti, in ingenuitate permaneant, ita ut ab officio ecclesiæ non recedant.
Be it enacted,That a bishop who has left none of his private property to the church shall not dispose of any of the church property, otherwise than as the canons point out. Should he bind or sell or separate any thing otherwise, let it be recalled for the church. But if, indeed, he has made freemen of slaves of the church to a reasonable number, let them continue in their freedom, but with the obligation of not departing from the duty of the church.
The canon xxii. of the same council is—
Ut servis ecclesiæ, vel sacerdotum, prædas et captivitates exercere non liceat; qui iniquum est, ut quorum domini redemptionis præstare solent suffragium, per servorum excessum disciplina ecclesiastica maculetur.
That it be not lawful for the slaves of the church, or of the priests, to go on predatory excursions or to make captives, for it is unjust that when the masters are accustomed to aid in redeeming, the discipline of the church should be disgraced by the misconduct of the slaves.
In Judaism, God had established a limited sanctuary for slaves and for certain malefactors, not to encourage crime, but to protect against the fury of passion, and to give some sort of aid to thefeeble. Paganism adopted the principle, and the Christian temple and its precincts became, not only by common consent, but by legal enactment, the sanctuary instead of the former. Like every useful institution, this too was occasionally abused.
The xxixth canon was—
Quæcumque mancipia sub specie conjugii ad ecclesiæ septa confugerint, ut per hoc credant posse fieri conjugium, minime eis licentia tribuatur, nec talis conjunctio a clericis defensetur: quia probatum est, ut sine legitimâ traditione conjuncti, pro religionis ordine, statuto tempore ab Ecclesiæ communione suspendantur, ne in sacris locis turpi concubitu misceantur. De quâ re decernimus, ut parentibus aut propriis dominis, prout ratio poscit personarum, acceptâ fide excusati sub separationis promissione reddantur: postmodum tamen parentibus atque dominis libertate concessâ, si eos voluerint propriâ voluntate conjungere.
Let not those slaves who, under pretext of marriage, take refuge within the precincts of the church, imagining that by this they would make a marriage, be allowed to do so, nor let such union be countenanced by the clergy: for it has been regulated that they who form an union, without lawful delivery, should be, for the good order of religion, separated for a fixed period from the communion of the church, so that this vile connection may be prevented in holy places. Wherefore we decree, that such persons, being declared free from the bond of any plighted faith and made to promise a separation, should be restored to their parents or owners, as the case may require; to be, however, subsequently, if the parents or owners should grant leave, married with their own free consent.
As we have seen in some parts of the East at an earlier period, now in this portion of the West, the slaves were made incapable of entering into the marriage-contract without the owner’s consent.
In this same council, canon xxx., provision is made for affording to the Christians, who are held as slaves by the Jews, not only sanctuary of the church, but in the house of any Christian, until a fair price shall be stipulated for and paid to the Jewish owner, if the Christian be unwilling to return to his service.This is a clear recognition of the right of property in slaves.
Canon xxxi. of this council provides, that “if any Jew shall bring a slave to be a proselyte to his religion, or make a Jew of a Christian slave, or take as his companion a Christian female slave, or induce a slave born of Christian parents to become a Jew underthe influence of a promise of emancipation, he shall lose the title to every such slave. And further, that if any Christian slave shall become a Jew for the sake of being manumitted with condition, and shall continue to be a Jew, the liberty shall be lost and the condition shall not avail him.”
Canon xxxii. provides, that the “descendants of a slave, wherever they may be, even after a long lapse of time, though there should be neglect, if found upon the land or possession upon which their parents were placed, shall be held to the original conditions established by the deceased proprietor for the deceased parents, and the priest of the place shall aid in enforcing the fulfilment, and any persons who shall through avarice interpose obstacles, shall be placed under church censures.”
The doctrine and discipline of the church of the Franks were like that of other churches in the several regions of Christendom at this period.
A fifth council was held at Orleans, in the year 549, the thirty-eighth of King Childebert. The sixth canon of this council relates to the improper ordination of slaves, and also exhibits distinctly the freedmenunder condition, classing them in the same category with slaves.
Canon vi. Ut servum, qui libertatem a dominis propriis non acceperit, aut etiam jam libertum, nullus episcoporum absque ejus tantum voluntate, cujus aut servus est, aut eum absolvisse dignoscitur, clericum audeat ordinare. Quod si quisquam fecerit, si qui ordinatus est a domino revocetur, et ille qui est collator ordinis, si sciens fecisse probatur, sex mensibus missas tantum facere non præsumat. Si vero sæcularium servus esse convincitur, ei qui ordinatus est benedictione servatâ, honestum ordini domino suo impendat obsequium. Quod si sæcularis dominus amplius eum voluerit inclinare, ut sacro ordini inferre videatur injuriam, duos servos sicut antiqui canones habent, episcopus qui eum ordinavit domino sæculari restituat; et episcopus eum quem ordinavit ad ecclesiam suam revocandi habeat potestatem.
That no bishop shall dare to ordain as a clergyman, the slave who shall not have received licence from his proper owners, or a person already freed, without the permission of either the person whose servant he is, or of the person who is known to have freed him. And if any one shall do so, let him who is ordained be recalled by his master, and let him who conferred the order, if it be proved that he did so knowing the state of the person, not presumeto celebrate mass for six months only. But if it be proved that he is the servant of lay persons, let the person ordained be kept in his rank and do service for his owner in a way becoming his order; but if his lay owner debases him under that grade, so as to do any dishonour to his holy order; let the bishop who ordained him give, as the ancient canons enact, two slaves to his master, and be empowered to take him whom he ordained to his church.
The canon regards manumission, and the protection of those properly liberated from slavery, against the injustice of persons who disregarded the legal absolution from service.
Canon xii. Et quia plurimorum suggestione comperimus, eos qui in ecclesiis juxta patrioticam consuetudinem a servitio fuerint absoluti, pro libito quorumcumque iterum ad servitium revocari, impium esse tractavimus, ut quod in ecclesia Dei consideratione a vinculo servitutis absolvitur, irritum habeatur. Ideo pietatis causâ, communi consilio placuit observandum, ut quæcumque mancipia ab ingenuis dominis servitute laxantur, in eâ libertate maneant, quam tunc a dominis perceperunt. Hujusmodi quoque libertas si a quocumque pulsata fuerit, cum justitiâ ab ecclesiis defendatur, præter eas culpas pro quibus leges collatas servis revocare jusserunt libertates.
And since we have discovered by information from several, that they who, according to the custom of the country, were absolved from slavery in the churches, were again, at the will of some persons, reduced to slavery; we have regarded it to be an impiety; that what has by a judicial decree been absolved from servitude in the church of God, should be set at nought. Wherefore, through motives of piety, it is decreed by common counsel to be henceforth observed, that whatever slaves are freed from servitude by free masters are to remain in that freedom which they then received from the masters; and should this liberty of theirs be assailed by any person, it shall be defended within the limits of justice by the churches, saving where there are crimes for which the laws have enacted that the liberty granted to servants shall be recalled.
It is quite evident, from Exodus xii. 44, that the Israelites, who were themselves slaves in Egypt, also themselves possessed slaves. Also from Nehemiah vii. 67, that the Jews who were slaves in Babylon, yet, upon their liberation, were found to own 7337 slaves; and from the foregoing it appears that the persons then calledlibertior freedmen, or theconditionatior persons under condition, and probably, in some instances,colonior colonists, had slaves, butwere not permitted to liberate them, at least without the consent of their own masters, for the canon speaks of only the servants of theingenui, or those who enjoyed perfect freedom. We see, also, what is evident from many other sources, that persons who had obtained their freedom were for some crimes reduced to servitude, and we shall see, in future times, even freemen are enslaved for various offences.
Again, in the canon xxii. of this council, we find provision which exhibits the caution which was used in regulating the right of sanctuary for slaves. This right was, in Christianity, a concession of the civil power, humanely interposing, in times of imperfect security and violent passion, the protecting arm of the church, to arrest the violence of one party, so as to secure merciful justice for the other, and to make the compositions of peace and equity be substituted for the vengeance or the exactions of power. It was, so far from being an encouragement to crime, one of the best helps towards civilizing the barbarian.
Canon xxii. De servis vero, qui pro qualibet culpâ ad ecclesiæ septa confugerint, id statuimus observandum, ut, sicut in antiquis constitutionibus tenetur scriptum, pro concessâ culpâ datis a domino sacramentis, quisquis ille fuerit, egrediatur de veniâ jam securus. Enimvero si immemor fidei dominus transcendisse convincitur quod juravit, ut is qui veniam acceperat, probetur postmodum pro eâ cum qualicumque supplicio cruciatus, dominus ille, qui immemor fuit datæ fidei, sit ab omnium communione suspensus. Iterum si servus de promissione veniæ datis sacramentis a domino jam securus exire noluerit, ne sub tali contumaciâ requirens locum fugæ domino fortasse disperiat, egredi nolentem a domino eum liceat occupari, ut nullam, quasi pro retentatione servi, quibuslibet modis molestiam aut calumniam patiatur ecclesia: fidem tamen dominus, quam pro concessâ veniâ dedit, nullâ temeritate transcendat. Quod si aut gentilis dominus fuerit, aut alterius sectæ, qui a conventu ecclesiæ probatur extraneus, is qui servum repetit personas requirat bonæ fidei Christianas, ut ipsi in personâ domini servo præbeant sacramenta: quia ipsi possunt servare quod sacrum est, qui pro transgressione ecclesiasticam metuunt disciplinam.
We enact this to be observed respecting slaves, who may for any fault fly to the precincts of the church, that, as is found written in ancient constitutions, when the master shall pledge his oath to grant pardon to the culprit, whosoever he may be, he shall go out secure of pardon. But, if the master, unmindful of his oath,shall be convicted of having gone beyond what he had sworn, so that it shall be proved that the servant who had received pardon was afterwards tortured with any punishment for that fault, let that master who was forgetful of his oath be separated from the communion of all. Again, should the servant secured from punishment by the master’s oath, be unwilling to go forth, it shall be lawful for the master, that he should not lose the service of a slave seeking sanctuary by such contumacy, to seize upon such a one unwilling to go out, so that the church should not suffer either trouble or calumny by any means on account of retaining such servant: but let not the master in any way rashly violate the oath that he swore for granting pardon. But, if the master be a gentile, or of any other sect proved without the church, let the person who claims the slave procure Christian persons of good account who shall swear for the servant’s security in the master’s name: because they who dread ecclesiastical discipline for transgression can keep that which is sacred.
Bishop England has, in his eighth letter, alluded to the state of society in England and Ireland at this early day, for the purpose of elucidating the fact that the doctrines of the church concerning slavery and the civil condition of those regions were materially without difference from the other parts of Europe. Some portions of his letter, although, perhaps, too distant from our subject, are, nevertheless, too interesting to omit.
About the year 462, Niell Naoigialluch, or Neill of the Nine Hostages, ravaged the coast of Britain and Gaul. In this expedition a large number of captives were made. One youth, sixteen years of age, by the name of Cothraige, was sold to Milcho, and was employed by him in tending sheep, in a place called Dalradia—within the present county of Antrim. This Cothraige was St. Patrick, subsequently the apostle of Ireland.
St. Patrick, in his Confessions, states that many of his unfortunate countrymen were carried off and made captives, and dispersed among many nations.
The Romans had possession of Britain, and even had notslavery existed there previously, they would have introduced it; but, the Britons needed not this lesson; they had been conversant with it before: we shall see evidence of the long continuance of its practice.
About the year 450, a party of them, among whom were several that professed the Christian religion, made a piratical incursion upon the Irish coast, under the command of Corotic, or Caractacus, or Coroticus.
Lanigan compiles the following account of this incursion from theEccles. History of Ireland, vol. i. c. iv.
“This prince, Coroticus, though apparently a Christian, was a tyrant, a pirate, and a persecutor. He landed, with a party of his armed followers, many of whom were Christians, at a season of solemn baptism, and set about plundering a district in which St. Patrick had just baptized and confirmed a great number of converts, and on the very day after the holy chrism was seen shining in the foreheads of the white-robed neophytes. Having murdered several persons, these marauders carried off a considerable number of people, whom they went about selling or giving up as slaves to the Scots and the apostate Picts. St. Patrick wrote a letter, which he sent by a holy priest whom he had instructed from his younger days, to those pirates, requesting of them to restore the baptized captives and some part of the booty. The priest and the other ecclesiastics that accompanied him being received by them with scorn and mockery, and the letter not attended to, the saint found himself under the necessity of issuing a circular epistle or declaration against them and their chief Coroticus, in which, announcing himself a bishop and established in Ireland, he proclaims to all those who fear God, that said murderers and robbers are excommunicated and estranged from Christ, and that it is not lawful to show them civility, nor to eat or drink with them, nor to receive their offerings, until, sincerely repenting, they make atonement to God and liberate his servants and the handmaids of Christ. He begs of the faithful, into whose hands the epistle may come, to get it read before the people everywhere, and before Coroticus himself, and to communicate it to his soldiers, in the hope that they and their master may return to God, &c. Among other very affecting expostulations, he observes that the Roman and Gallic Christians are wont to send proper persons with great sums of money to the Franks and other pagans, for the purpose of redeeming Christian captives; while, on the contrary, that monster,Coroticus, made a trade of selling the members of Christ to nations ignorant of God.”
The Britons were frequently invaded by the Scots, upon the abandonment of their country by the Romans; and at the period here alluded to, it is supposed by many that the captives taken from Ireland were in several instances given by their possessors to the plundering and victorious Northmen, by the Britons, in exchange for their own captured relatives, whom they desired to release.
About the year 555, Pope Pelagius held, under the protection of King Childebert, the third council of Paris, in which we find a canon, entitled, “De Servis Degeneribus,” concerning “bastard slaves,” as follows: (See Du Cange.)
Canon ix. De degeneribus servis, qui pro sepulchris defunctorum pro qualitate ipsius ministerii deputantur, hoc placuit observari, ut sub quâ ab auctoribus fuerint conditione dimissi, sive heredibus, sive ecclesiis pro defensione fuerint deputati, voluntas defuncti circa eos in omnibus debeat observari. Quod si ecclesia eos de fisci functionibus in omni parte defenderit ecclesiæ tam illi, quam posteri eorum, defensione in omnibus potiantur, et occursum impendant.
It is enacted concerning bastard slaves who are placed to keep the sepulchres, because of the rank of that office, that whether they be placed under the protection of the heirs or of the church for their defence, upon the condition upon which they were discharged by their owners, the will of the deceased should be observed in all things in their regard. But, if the church shall keep them entirely exempt from the services and payments of the fisc, let them and their descendants enjoy the protection of the church for defence, and pay to it their tribute.
Theauctores, or authors, in the original sense, wereownersormasters; and subsequently, especially in Gaul, it was often taken to meanparents, which probably, from the context, is here its meaning; and, we find a new title and a new class, where the master having committed a crime with his servant, the offspring was his slave; yet, his natural affection caused the parent to grant him a conditioned freedom, to protect which this canon specified the guardian to be either the heir or the church.
Martin, archbishop of Braga, who presided at the third council of that city, in the year 572, collected, from the councils of the east and the west, the greater portion of the canon law then in force, and made a compendium thereof, which he distributed intoeighty-four heads, which formed as many short canons, and thenceforth they were the basis of the discipline in Spain.
The forty-sixth of these canons is—
Si quis obligatus tributo servili, vel aliqua conditione, vel patrocinio cujuslibet domûs, non est ordinandus clericus, nisi probandæ vitæ fuerit et patroni concessus accesserit.
If any one is bound to servile tribute, or by any condition, or by the patronage of any house, he is not to be ordained a clergyman, unless he be of approved life, and the consent of the patron be also given.
This canon is taken into the body of the canon law.Dist.53.
Canon xlvii. Si quis servum alienum causâ religionis doceat contemnere dominum suum et recedere à servitio ejus, durissimè ab omnibus arguatur.
If any person will teach the servant of another, under pretext of religion, to despise his master and to withdraw from his service, let him be most sharply rebuked by all.
This too is taken into the body of the canon law. (17, q. 4,Si quis.)
In the year 589, the third council of Toledo, in Spain, was celebrated, in the pontificate of Pope Pelagius II. All the bishops of Spain assembled upon the invitation of King Reccared.
The articles of faith form twenty-three heads of various length; after which follow twenty-threecapitula, or little chapters or heads of discipline.
The sixth of these is in the following words:
De libertis autem id Dei præcipiunt sacerdotes, ut si qui ab episcopis facti sunt secundum modum quo canones antiqui dant licentiam, sint liberi; et tamen a patrocinio ecclesiæ tam ipsi, quam ab eis progeniti non recedant. Ab aliis quoque libertati traditi, et ecclesiis commendati, patrocinio episcopali regantur: à principe hoc episcopus postulet.
The priests of God decree concerning freedmen, that if any are made by the bishops in the way the ancient canons permit, they shall be considered free; yet so that neither they nor their descendants shall retire from the patronage of the church. Let those freed by others and placed under the protection of the church, be placed under the bishop’s protection. Let the bishop ask this of his prince.
This too is taken into the body of the canon law. (12, q. 2,De libertis.)
A custom had already gained considerable prevalence, which we shall find greatly extended in subsequent ages, of granting to the churches slaves for its service and support. The administrators of the church property were calledfamilia fisci. The church property was in ecclesiastical documents styled the fisc. Thefisca regis, or royal fisc, was a different fund or treasury. It sometimes happened that the clergy who were the administrators sought to obtain from the “conditioned slaves” more than they were bound to give, and also, sometimes, others sought to have their service taken from the church. The capitulary viii. of this third council of Toledo was enacted to remedy this latter grievance.
Innuente(other copies,jubente)atque consentiente domino piissimo Reccaredo rege, id præcipit sacerdotale consilium, ut clericorum (others, clericos) ex familiâ fisci nullus audeat a principe donatos expetere; sed reddito capitis sui tributo ecclesiæ Dei, cui sunt alligati, usque dum vivent, regulariter administrent.
By the suggestion (or by the command) and with the consent of the most pious lord King Reccared, the council of priests directs that no one shall dare to reclaim from the administrators of the church those clergy given by the prince; but having paid their tribute to the church of God, to which they are bound, let them, as long as they live, administer regularly.
In the same council, the canon xv. is the following:
Si qui ex servis fiscalibus ecclesias forte construxerint easque de suâ paupertate ditaverint, hoc procuret episcopus prece suâ auctoritate regiâ confirmari.
If any of the king’s special servants shall have built churches, and have enriched them by the contributions from their poverty, let the bishop obtain that it be confirmed by the royal authority.
Theservi fiscaleswere the private or patrimonial property of the king.
This also exhibits the principle that the slave was not permitted to contribute, without the consent of his owner, to religious establishments.
A canon of the assembly held in Constantinople, 692:
Canon lxxxv.In duobus vel tribus testibus confirmari omne verbum ex Scriptura accepimus. Servos ergo qui a dominis suis manumittuntur, sub tribus testibus eo frui honore decernimus, qui præsentes libertati vires et firmitatem afferent, et ut iis quæ ipsis testibus facta sunt fides habeatur efficient.
We have learned from the Scripture that every word is confirmedin two or three witnesses. We therefore declare that slaves who are manumitted by their masters shall be admitted to enjoy that honour under three witnesses, who may be able to afford security by their presence to the freedom, and who may be able to secure credit for the acts done in their view.
As late as the year 577, Britain furnished other nations with slaves, which is sufficiently proved by the following extract from Bede:
Nec silentio prætereunda opinio quæ de beato Gregorio, traditione majorum, ad nos usque perlata est: quâ videlicet ex causâ admonitus, tam sedulam erga salutem nostræ gentis curam gesserit. Dicunt, quia die quâdam cum advenientibus nuper mercatoribus multa venalia in forum fuissent conlata, multique ad emendum confluxissent, et ipsum Gregorium inter alios advenisse, ae vidisse inter alia pueros venales positos, candidi corporis ac venusti vultûs, capillorum quoque formâ egregiâ. Quos cum aspiceret, interrogavit, ut ajunt, de quâ regione vel terrâ essent adlati. Dictumque est quod de Brittaniâ insulâ, cujus incolæ talis essent aspectûs. Rursus interrogavit, utrum iidem insulani, Christiani, an paganis adhuc erroribus essent implicati? Dictumque est, quod essent pagani. At ille intimo ex corde longa trahens suspiria: “Heu, proh dolor!” inquit, “quod tam lucidi vultûs homines tenebrarum auctor possidet, tantaque gratia frontispicii mentem ab internâ gratiâ vacuam gestat!” Rursus ergo interrogavit, quod esset vocabulum gentis illius? Responsum est quod Angli vocarentur. At ille, “Benè,” inquit, “nam et angelicam habent faciem, et tales angelorum in cœlis decet esse coheredes. Quod habet nomen ipsa provincia de quâ isti sunt adlati?” Responsum est quod Deiri vocarentur iidem provinciales. At ille: “Benè,” inquit, “Deiri, de irâ eruti, et ad misericordiam Christi vocati. Rex provinciæ illius, quomodo appellatur?” Responsum est quodAelladiceretur. At ille adludens ad nomen ait: “Alleluia, laudem Dei creatoris illis in partibus oportet cantari.” Accedensque ad Pontificem Romanæ et Apostolicæ sedis, nondum enim erat ipse Pontifex factus, rogavit, ut genti Angliorum in Britanniam aliquosverbi ministros, per quos ad Christum converterentur, mitteret: seipsum paratum esse in hoc opus Domino co-operante perficiendum, si tamen Apostolico Papæ hoc ut fieret placeret. Quod dum perficere non posset; quia etsi pontifex concedere illi quod petierat voluit, non tamen cives Romani ut tam longe ab urbe recederet potuere permittere; mox ut ipse pontificatûs officio functus est, perficit opus diu desideratum: alios quidem prædicatores mittens, sed ipse prædicationem ut fructificaret suis exhortationibus et precibus adjuvans.
Nor is that notice of the blessed Gregory which has come down to us by the tradition of our ancestors to be silently passed over: for, by reason of the admonition that he then received, he became so industrious for the salvation of our nation. For they say, that on a certain day when merchants had newly arrived, many things were brought into the market, and several persons had come to purchase; Gregory himself came among them, and saw exposed for sale, youths of a fair body and handsome countenance, whose hair was also beautiful. Looking at them, they say, he asked from what part of the world they were brought; he was told from the island of Britain, whose inhabitants were of that complexion. Again he asked whether these islanders were Christians or were immersed in the errors of paganism. It was said, that they were pagans. And he, sighing deeply, said, “Alas! what a pity that the author of darkness should possess men of so bright a countenance, and that so graceful an aspect should have a mind void of grace within!” Again he inquired what was the name of their nation. He was told that they were called Angles. He said, “It is well, for they have angelic faces, and it is fit that such should be the coheirs with Angels in Heaven.” From what province were they brought, was his next inquiry. To which it was answered, The people of their province are called Deiri. “Good again,” said he, “Deiri, (de irâ eruti,) rescued from anger and called to the mercy of Christ.” What is the name of the king of that province? He was told, Aella. And, playing upon the word, he responded, “Alleluia. The praises of God our Creator ought to be chanted in those regions.” And going to the pontiff of the Roman Apostolic See, for he was not yet made pope himself, he besought him to send to Britain, for the nation of the Angles, some ministers of the word, through whom they may be converted to Christ; and stated that he was himself ready, the Lord being his aid, to undertake this work, if the pope should so please. This he was not able to do, for though the pontiffdesired to grant his petition, the citizens of Rome would not consent that he should go to so great distance therefrom. As soon, however, as he was placed in the office of pope, he performed his long desired work: he sent other preachers, but he aided by his prayers and exhortations, that he might make their preaching fruitful.
Gregory became pope in 590. Soon after his elevation to the pontifical dignity, he sought to purchase some of the British youths, in order to have them trained up to be missionaries to their countrymen.
The holy see had already a considerable patrimony in Gaul, bestowed by the piety of the faithful: we shall see from the following epistle of the pope to the priest Candidus, whom he sent as its administrator, the use which was made of its income.
Lib. v. Epist. x.—GregoriusCandido Presbytero eunti ad patrimonium Galliæ.
Pergens auxiliante Domino Deo nostro Jesu Christo ad patrimonium, quod est in Galliis gubernandum, volumus ut dilectio tua ex solidis quos acceperit, vestimenta pauperum, vel pueros Anglos, qui sunt ab annis decem et septem, vel decem et octo, ut in monasteriis dati Deo proficiant, comparet; quatenus solidi Galliarum, qui in terrâ nostrâ expendi non possunt, apud locum proprium utiliter expendantur. Si quid vero de pecuniis redituum, quæ dicuntur ablatæ, recipere potueris, ex his quoque vestimenta pauperum comparare te volumus; vel, sicut præfati sumus, pueros qui in omnipotentis Dei servitio proficiant. Sed quia pagani sunt, qui illic inveniri possunt, volo, ut cum eis presbyter transmittatur, ne quid ægritudinis contingat in viâ, ut quos morituros conspexerit debeat baptizare. Ita igitur tua dilectio faciat, ut hæc diligenter implere festinet.
Gregoryto the Priest Candidus, going to the patrimony of Gaul.
As you are going, with aid of the Lord Jesus Christ, our God, to govern the patrimony which is in Gaul; we desire that out of the shillings you may receive, you, our beloved, should purchase clothing for the poor, or English youths about the age of seventeen or eighteen, that, being placed in monasteries, they may be useful for the service of God; so that the money of Gaul, which ought not to be expended in our land, may be laid out in its own place beneficially. If you can also get any of the money of that income calledtolls, (ablatæ,)we also desire that you should therewith buy clothing for the poor, or, as we have before said, youths who may become proficients in the service of God. But as they who dwell in that place are pagans, it is our desire that a priest be sent with them lest they should get sick on the journey, and he ought to baptize those whom he may see in a dying state. So let you, our beloved, do, and be alert in fulfilling what we have desired.
The commission of Pope Gregory to purchase those youths was executed. But, as Lingard observes, (Ant. Anglo-Saxon Chu. c. i.,) “their progress was slow, and his zeal impatient.” The result was that St. Augustine and his companions were sent by the pope, and effected the conversion of the island.
In the same chapter, Lingard describes the Saxons who had settled in England, previous to their conversion, and refers to Will. of Malmesbury (de reg.1. i., c. 3.)
“The savages of Africa may traffic with the Europeans for the negroes whom they have seized by treachery, or captured in open war; but the most savage conquerors of the Britons sold without scruple, to the merchants of the continent, their countrymen, and even their own children.”
“But their ferocity soon yielded to the exertions of the missionaries, and the harsher features of their origin were insensibly softened under the mild influence of the gospel. In the rage of victory, they learned to respect the rights of humanity. Death or slavery was no longer the fate of the conquered Britons; by their submission, they were incorporated with the victors; and their lives and property were protected by the equity of their Christian conquerors. * * * The humane idea, that by baptism all men become brethren, contributed to meliorate the condition of slavery, and scattered the seeds of that liberality which gradually undermined, and at length abolished, so odious an institution. By the provision of the legislature, the freedom of the child was secured from the avarice of an unnatural parent; and the heaviest punishment was denounced against the man who presumed to sell to a foreign master one of his countrymen, though he were a slave or a malefactor.”
Lingard here refers to the statutes of Ina, quoted in a previous study. But it may be remarked that here is the earliest notice of the African slave-trade, as a branch of European commerce, compared with the ancient slave-trade carried on with Britain.
In his book, “Pastoralis Curæ,”Of the Pastoral Care, part 3, c. i. Admonit. vi., Pope Gregory says—
Admonitio vi.—Aliter admonendi sunt servi, atque aliter domini. Servi scilicet, ut in se semper humilitatem conditionis aspiciant: domini vero, ut naturæ suæ quâ æqualiter sunt cum servis conditi, memoriam non amittant. Servi admonendi sunt ne dominos despiciant, ne Deum offendant si ordinationi illius superbiendo contradicunt: domini quoque admonendi sunt, quia contra Deum de munere ejus superbiunt, si eos quos per conditionem tenent subditos, æquales sibi per naturæ consortium non agnoscunt. Isti admonendi sunt ut sciant se servos esse dominorum: illi admonendi sunt ut cognoscant se conservos esse servorum. Istis namque dicitur:Servi, obedite dominis carnalibus.Et rursum:Quicumque sunt sub jugo servi, dominos suos omni honore dignos arbitrentur: illis autem dicitur:et vos, domini, eadem facite illis, remittentes minas, scientes quod et illorum et vester dominus est in cœlis.
Admonition vi.—Servants are to be admonished in one way, masters in another way: servants indeed, that they should always regard in themselves the lowliness of their condition: masters however, that they lose not the recollection of their nature, by which they are created upon a level with their slaves. Slaves are to be admonished not to despise their masters, lest they offend God, if growing proud they contradict his ordinance: masters too are to be admonished; because they grow proud against God by reason of his gift, if they do not acknowledge as their equals, by the fellowship of nature, those whom by condition they hold as subjects. These are to be admonished that they be mindful that they are the slaves of their masters; those that they recollect that they are the fellow-servants of servants. To these it is said: Servants, obey your masters in the flesh:and again, Whosoever are servants under the yoke, let them consider their masters worthy of all honour:but to those it is said: And you, masters, do in like manner to them, laying aside threats, knowing that your and their Master is in heaven.
In his book ii. of Epistles, ep. xxxix., writing to Peter, a subdeacon of Campania, he directs him how to act in the case of a female slave, belonging to a proctor or manager of church property, (defensor,) who was anxious to be allowed to become a sister in a monastery, which was not lawful without the consent of her owner. The pope neither orders the master to manumit her nor to permither profession, for, though he was employed by the church, the religion to which he belonged did not require of him to give away his property, nor had the head of that church power to deprive him thereof; hence he writes—
Preterea quia Felix defensor puellam nomine Catillam habere dicitur, quæ cum magnis lacrymis, et vehementi desiderio habitum conversionis appetit, sed eam præfatus dominus suus converti minime permittit: proinde volumus, ut experientia tua præfatum Felicem adeat, atque puellæ ejusdem animum sollicite requirat; et si ita esse cognoverit, pretium ejusdem puellæ suæ domino præbeat, et huc eam in monasterio dandam cum personis gravibus, Domino auxiliante, transmittat. Ita vero hæc age, ut non per lentam actionem tuam præfatæ puellæ anima detrimentum aliquod in desiderio suo sustineat.
Moreover, because the proctor Felix is said to have a servant named Catilla, who with many tears and vehement desire wishes to obtain the habit of religion; but her aforesaid master will not by any means permit her making profession: it is then our desire that your experience would call upon the said Felix, and carefully examine the disposition of that young woman, and if you should find it such as is stated, pay to the master her price, and send her hither with discreet persons, to be placed, with God’s help, in a monastery. But do this, so that the soul of the young woman may not suffer any inconvenience in her desire, through your tardiness.
The following is a deed of gift which the same Pope made, to assure the possession of a slave to the bishop of Porto, one of the suburban sees near Rome. It is curious, not merely as exhibiting the fact that the pope and the See of Rome held and transferred slaves at this period, but also as giving a specimen of a legal document of that date and tenor:—
Lib. X. Ep. LII.—Gregorius, Felici Episcopo Portuensi.
Charitatis vestræ gratiâ provocati, no infructuosi vobis videamur existere, præcipuè cum et minus vos habere servitia noverimus; ideo Joannem juris ecclesiastici famulum, natione Sabinum, ex massâ Flavianâ, annorum plus minus decem et octo, quem nostra voluntate jam diu possidetis, fraternitati vestræ jure directo donamus atque concedimus; ita ut cum habeatis, possideatis, atque juri proprietatique vestra vindicetis atque defendatis, et quidquid de eo facere volueritis, quippe ut dominus, ex hujus donationis jure libero potiamini arbitrio. Contra quam munificentiæ nostræ chartulamnunquam nos successoresque nostros noveris esse venturos. Hanc autem donationem a notario nostro perscriptam legimus, atque subscripsimus, tribuentes etiam non expectatâ professione vestrâ quo volueritis tempore alligandi licentiam legitimâ stipulatione et sponsione interpositâ. Actum Romæ.