LESSON VII.
We present a series of records and documents which elucidate the practice and doctrine of the church in regard to slavery, as we find it in that age.
These records are mostly extracts from Bishop England’s Letters, and collated by him with accuracy. Some few, from Bower, Bede, Lingard, and others, will be noticed in their place.
It should be remembered that, in all cases where the contrary is not explicitly announced, the slave is of the same colour and race as the master. At this era of the world, slaves were too common, and their value too little, to warrant the expense of a distant importation. The negro slave, from his exhibiting an extreme variety of the human species, was regarded more as an article of curiosity and pride than usefulness; and therefore was seldom or never found in Europe, except near the royal palaces, or in the trains of emperors.
As early as the days of Polycarp and St. Ignatius, who were disciples of the apostles, Christians had, from motives of mercy, charity, and affection, manumitted many of their slaves in presence of the bishops, and this was more or less extensively practised through the succeeding period. In several churches, it was agreed that if a slave became a Christian, he should be manumitted on receiving baptism. In Rome, the slave was frequently manumitted by the form called vindicta, with the prætor’s rod. Constantine, in the year 317, Sozomen relates, lib. i. c. 9, transferred this authority to the bishops, who were empowered to use the rod in the church, and have the manumission testified in the presence of the congregation. A rescript of that emperor to this effect is found in the Theodosian code, 1. i. c. De his qui in eccl. manumitt. The master, who consented to manumit the slave, presented him to the bishop, in presence of the congregation, and the bishop pronounced him free, and became the guardian of his freedom. The rescript was directed to Protogenas, bishop of Sardica, and was in the consulship of Sabinus and Ruffinus.
In book ii. of the same code, is a rescript to Osius, bishop of Cordova, in which the emperor empowers the bishops to grant the privilege of Roman citizenship to such freedmen as they may judge worthy.
In the consulship of Crispus and Constantine, a grant was given to the clergy of manumitting their own slaves when they pleased, by any form they should think proper. About a century later, St. Augustine, bishop of Hippo, informs us (Sermo. de diversis, 50) that this form was established in Africa. “The deacon of Hippo is a poor man: he has nothing to give to any person: but, before he was a clergyman, he, by the fruit of his labour and industry, bought some little servants, and is to-day, by the episcopal act, about to manumit them in your sight.”
This same bishop writes, (Enarrat in Ps. cxxiv.,) “Christ does not wish to make you proud while you walk in this journey, that is, while you are in this life. Has it happened that you have been made a Christian, and you have a man as your master: you have not been made a Christian that you may scorn to serve. When, therefore, by the command of Christ you are the servant of a man, your service is not to him, but to the one that gave you the command to serve. And he says, Hear your masters, according to the flesh, with fear and trembling, and in the simplicity of your hearts, not as eye-servants, as if pleasing men, but, as the servants of Christ, doing the will of God, from your hearts, with a good will. Behold, he did not liberate you from being servants, but he made those who were bad servants to be good servants. Oh, how much do the rich owe to Christ who has thus set order in their houses! So, if there be in his family a faithless slave, and Christ convert him, he does not say to him, Leave your master, because you have now known him who is the true Master! Perhaps this master of yours is impious and unjust, and that you are faithful and just; it is unbecoming that the just and faithful should serve the unjust and the infidel: this is not what he said; but, let him rather serve.” This great doctor of the church continues at considerable length to show how Christ, by his own example, exhorts the servants to fidelity and obedience to their masters in every thing, save what is contrary to God’s service. Subsequently, he passes to the end of time, and the opening of eternity, and shows many good, obedient, and afflicted servants mingled with good masters among the elect, and bad, faithless, and stubborn servants, with cruel masters, cast among the reprobates.
In his book i., on the Sermon of Christ on the Mount, he dwells upon the duty of Christian masters to their slaves. They are not to regard them as mere property, but to treat them as human beings having immortal souls, for which Christ died.
Thus we perceive that, though from the encouragement of manumission and the spirit of Christianity, the number of slaves had been greatly reduced and their situation greatly improved, still the principles were recognised of the moral and religious legality of holding slave property, and of requiring that they should perform a reasonable service.
The instances of voluntary slavery, such as that of St. Paulinus, were not rare. It is related, that having bestowed all that he could raise, to ransom prisoners taken by the barbarians who overran the country; upon the application of a poor widow whose son was held in captivity, he sold himself, to procure the means of her son’s release. His good conduct procured the affection of his master, and subsequently his emancipation. Thus slavery lost some of its degrading character. This, together with the confusion arising from the turbulence accompanying the invasions, caused a relaxation of discipline: to remedy some of the abuses, Pope Leo issued several letters. The following is an extract from the first of them: it has been taken into the body of the canon law. Dist. 5, Admittuntur:—
“Admittuntur passim ad ordinem sacrum, quibus nulla natalium, nulla morum dignitas suffragatur: et qui a dominis suis libertatem consequi minime potuerunt, ad fastigium sacerdotii, tanquam servilis vilitas hunc honorem jure capiat, provehuntur, et probari Deo se posse creditur, qui domino suo necdum probare se potuit. Duplex itaque in hac parte reatus est, quod et sacrum mysterium (ministerium) talis consortii vilitate polluitur, et dominorum, quantum ad illicitæ usurpationis temeritatem pertinet, jura solvuntur. Ab his itaque, fratres carissimi, omnes provinciæ vestræ abstineant sacerdotes: et non tantum ab his, sed ab illis etiam, qui aut originali aut alicui conditioni obligati sunt, volumus temperari: nisi forte corum petitio aut voluntas accesserit, qui aliquid sibi in eos vindicant potestatis. Debet enim esse immunis ab aliis, qui divinæ militiæ fuerit aggregandus; ut a castris Dominicis, quibus nomen ejus adscribitur, nullis necessitatis vinculis abstrahatur.”
Persons who have not the qualifications of birth or conduct, are everywhere admitted to holy orders; and they who could not procure freedom from their masters are elevated to the rank of the priesthood; as if the lowliness of slavery could rightfully claim this honour: and, as if he who could not procure the approbation of even his master, could procure that of God. There is, therefore, in this a double criminality: for the holy ministry is polluted by the meanness of this fellowship, and so far as regards the rashness of this unlawful usurpation, the rights of the masters are infringed. Wherefore, dearest brethren, let all the priests of your province keep aloof from these: and not only from these, but also, we desire they should abstain from those who are under bond, by origin or any condition, except perchance upon the petition or consent of the persons who have them in their power in any way. For he who is to be aggregated to the divine warfare, ought to be exempt from other obligations: so that he may not by any bond of necessity be drawn away from that camp of the Lord for which his name has been enrolled.
Prosper, lib. 2 de vitâ contemplat. c. 3, and many other writers of this century, treat of the relative duties of the Christian master and his Christian slave. The zeal and charity of several holy men led them to make extraordinary sacrifices during this period, to redeem the captives from the barbarians: besides the remarkable instance of Paulinus, we have the ardent and persevering charity of Exuperius, bishop of Toulouse, who sold the plate belonging to the church, and used glass for the chalice, that he might be able by every species of economy to procure liberty for the enslaved.
Nor was this a solitary instance. About the year 513, Pope Symmachus called a national council, by which, among other enactments, he established the rule that under no circumstances, could the church property be alienated. See Bower, vol. ii. p. 277.
About the year 535, Cæsarius, primate of Arles, applied to Pope Agapetus for means to relieve the poor Christians in Gaul. But, at that time, the church being quite destitute of money, the pope excused himself, and quoted the decree of Symmachus. The Arians, and some others, hence inculcated the doctrine that the alienation of church property, under any circumstances, was sacrilege. The laws of the empire also forbid such alienation, but with the proviso, “except there was no other means by which the poor could be relieved in time of famine, nor the captives be redeemed from slavery.” Such was the practice among the most pious of the age.
St. Ambrose did not scruple to melt down the communion-plate of the church of Milan to redeem some captives, who otherwise must have continued in slavery. The Arians charged him with sacrilege: in answer to which he wrote his Apology, which has reached this late day, as the rules and reasons of the church in such cases. He says—“Is it not better that the plate should be melted by the bishop to maintain the poor, when they can be maintained by no other means, than that it should become the spoil and plunder of a sacrilegious enemy? Will not the Lord thus expostulate with us, Why did you suffer so many helpless persons to die with hunger, when you had gold to relieve and support them? Why were so many captives carried away and sold without ransom? Why were so many suffered to be slain by the enemy? It would have been better to have preserved the vessels of living men than lifeless metals. To this, what answer can be returned? Should one say, I was afraid that the temple of God should want its ornaments: Christ would answer, My sacraments require no gold, nor do they please me more for being ministered in gold, as they are not to be bought with gold. The ornament of my sacrament is the redemption of captives; and those alone are precious vessels that redeem souls from death.”
The saint concludes that though it would be highly criminal for a man to convert the sacred vessels to his own private use, yet it is so far from being a crime, that he looks upon it as an obligation incumbent on him and his brethren to prefer the living temples of God to the unnecessary ornaments of the material edifices. See Ambrose de Offic. lib. ii. cap. 28; and such was the doctrine of St. Austin, see Possid. Vit. Aug. caput 24; of Acacius of Amida, see Socrat. lib. vii. c. 24; of Deigratias of Carthage, see Vict. de Persec. Vandal, lib. i.; of Cyril of Jerusalem, see Theodoret, lib. ii. c. 27; yea all, who have touched on the subject, have subscribed to the doctrine of St. Ambrose. Even the Emperor Justinian, in his law against sacrilege, forbids the church plate, vestments, or any other gifts, to be sold, or pawned; but adds, “except in case of captivity or famine, the lives and souls of men being preferable to any vessels or vestments whatever.” See Codex Just. lib. i. tit. 2. de Sacr. Eccles. leg. 21; also see Bower’s Life of Agapetus, p. 354.
It will be readily conceived that the barbarians, in the earlier ages of the Christian church, treated their slaves with cruelty, inconsistent with the spirit of the new religion; and, upon their adoption of the Christian creed, they sometimes ran into an opposite extreme, contrary to the rules of the church. In both cases the church used her authority, and, says Bishop England, upon their embrace of Christianity, “slavery began to assume a variety of mitigated forms among them,” which will, in some degree, be developed as we proceed with the history of canonical legislation on that subject.
The rules of the Christian church are evidently founded upon the laws of God, as delivered to Moses: “And if a man smite his servant, or his maid, with a rod, and he die under his hand, he shall be surely punished. Notwithstanding, if he continue a day or two, he shall not be punished: for he is his money.”
“If a man smite the eye of his servant, or the eye of his maid, that it perish, he shall let him go free for his eye’s sake. And if he smite his man-servant’s tooth, or his maid-servant’s tooth, he shall let him go for his tooth’s sake.” Exod. xxi. 20, 21, 26, 27. And if a man took his female slave to wife, and became displeased with her * * * she should be free. See Deut. xxi. 10–15. But fornication in a female slave was not punished by death, but by stripes. See Lev. xix. 20–23.
Neither the laws of Moses, nor indeed of any civilized people, have ever permitted unusual or cruel punishments to be inflicted on the slave. Civilization, as well as Judaism, seems to have inculcated, “Be not excessive toward any; and without discretion do nothing. If thou have a servant, let him be unto thee as thyself, because thou hast bought him with a price.” Eccl. xxxiii. 29.
Among heathen nations, their laws were to the effect, that when the slave, sick or wounded, was neglected, or abandoned to his fate by his master; yet, if he recovered, the master should lose his property in such slave, and the slave should be free; and such neglect was often otherwise made punishable. The Roman law sanctioned this doctrine: “Si verberatus fuerit servus non mortifere, negligentia autem perierit, de vulnerato actio erit, non de occiso.” See Lex Aquillia. And so in ancient France, see Fœdere, vol. iii. p. 290: If negligence or bad treatment towards the slave was proved in the master, the slave was declared free.
At this day, in all civilized countries, the civil law forbids unusual and cruel punishment of slaves, and also a wanton and careless negligence of them, either in sickness or health. Thus the law punishes the master for his neglect to govern his slaves, by making him responsible for their bad conduct, and the damage their want of proper government may occasion others.
In the year 494, Pope Gelesius admonished the bishops, at their ordinations, that—
“Ne unquam ordinationes præsumat illicitas; ne * * * curæ aut cuilibet conditioni obnoxium notatumque ad sacros ordines permittat accedere.”
That he should never presume to hold unlawful ordinations; that he should not allow to holy orders * * * any person bound to the service of the court, or liable to bond for his condition (slavery) or marked thereto.
In the year 506, a council was held at Agdle, the sixty-second canon of which is—
“Si quis servum proprium sine conscientiâ, judicis occiderit, excommunicatione vel pœnitentia biennii reatum sanguinis emendabit.”
If any one shall put his own servant to death, without the knowledge of the judge, let him make compensation for the guilt of blood by excommunication or two years’ penance.
Another council was held eleven years later. Many of the canons of this synod are transcripts of those of Agdle. The thirty-fourth is:
“Si quis servum proprium sine conscientiâ, judicis occiderit, excommunicatione biennii effusionem sanguinis expiabit.”
If any one shall slay his own servant without the knowledge of the judge, let him expiate the shedding of blood by an excommunication of two years.
This was nearly two hundred years after the law of Constantine forbidding this exercise of power by the master.
The third council of Orleans was held in the year 538.
The thirteenth canon regulates, that if Christian slaves shall be possessed by Jews, and these latter require them to do any thing forbidden by the Christian religion, or if the Jews shall seize upon any of their servants to whip or punish them for those things that have been declared to be excusable or forgiven, and those slaves fly to the church for protection, they are not to be given up, unless there be given and received a just and sufficient sum to warrant their protection.
The canon xxvi. gives a specimen of the early feudalism nearly similar to the subsequent villain service.
“Ut nullus servilibus colonariisque conditionibus obligatus, juxta statuta sedis apostolicæ, ad honores ecclesiasticos admittatur; nisi prius aut testamento, aut per tabulas legitime constiterit absolutum. Quod si quis episcoporum, ejus qui ordinatur conditionem sciens, transgredi per ordinationem inhibitam fortasse voluerit, anni spatio missas facere non præsumat.”
Let no one held under servile or colonizing conditions be admitted to church honours, in violation of the statutes of the Apostolic see; unless it be evident that he has been previously absolved therefrom by will or by deed. And if any bishop, being aware of such condition of the person so ordained, shall wilfully transgress by making such unlawful ordination, let him not presume to celebrate mass for the space of a year.
The colonial condition was in its origin different from the mere servile. The mancipium or manu captum was the servus or slave made in war: the colonus, or husbandman, though, at the period at which we are arrived, he frequently was in as abject a condition, yet was so by a different process. St. Augustine, in cap. i. lib. x. De Civitate Dei, tells us, “Coloni dicuntur, qui conditionem debebant genitali solo propter agriculturam sub dominio possessorum.” They are called colonists who owe their condition to their native land, under the dominion of its possessors.
The following history of various modes by which they became servants, is taken from the work De Gubernat. Dei, lib. v., by the good and erudite Salvianus, a priest, who died at Marseilles, about the year 484.
Nonnulli eorum de quibus loquimur, * * * cum domicilia atque agellos suos pervasionibus perdunt, aut fatigati ab exactoribus deserunt, quia tenere non possunt, fundos majorum expetunt, et coloni divitum fiunt. Aut sicut solent hi qui hostium terrore compulsi, ad castella se conferunt, aut qui perdito ingenuæ incolumitatis statu ad asylum aliquod desperatione confugiunt: ita et isti qui habere amplius vel sedem vel dignitatem suorum natalium non queunt, jugo se inquilinæ abjectionis addicunt: in hanc necessitatem redacti, ut exactores non facultatis tantum, set etiam conditionis suæ, atque exultantes non a rebus tantum suis, sed etiam a seipsis, ac perdentes secum omnia sua, et rerum proprietate careant, et jus libertatis amittant. * * * Illud gravius et acerbius, quod additur huic malo servilius malum. Nam suscipiuntur advenæ, fiunt præjudicio habitationis indigenæ, et quos suscipiunt ut extraneos et alienos, incipiunt habere quasi proprios: quos esse constat ingenuos, vertunt in servos.
Some of those, when they lose their dwellings and their little fields by invasion, or leave them, being worried by exactions, as they can no longer hold them, seek the grounds of the larger proprietors, and become the colonists of the wealthy. Or, as is usual with those who are driven off by the fear of enemies, and take refuge in the castles, or who, having lost their state of safe freedom, fly to some asylum in despair: so they who can no longer have the place or the dignity derived from their birth, subject themselves to the abject yoke of the sojourner’s lot; reduced to such necessity, that they are stripped not only of their property, but also of their rank; going into exile not only from what belongs to them but from their very selves, and with themselves losing all that they had, they are bereft of any property in things and lose the very right of liberty. * * * A more degrading injury is added to this evil. For they are received as strangers, they become inhabitants bereft of the rights of inhabitants; they who receive them as foreigners and aliens begin to treat them as property, and change into slaves those who, evidently, were free.
In this picture of the colonist, we may find the outline of the villain of a later age; and in the several enactments and regulations of succeeding legislators and councils, we shall discover the changes which servitude underwent previous to its total extinction in Europe.
Flodoardin, c. 28, History of the church of Rheims, gives us the will of St. Remi, its bishop, who baptized Clovis, upon his conversion in 496, and who was still living in the year 550. This document grants freedom to some of the colonists belonging to that church and retains others in service.
Du Cange says (Art. Colonus) that though in several instances the condition of the colonists was as abject as that of slaves, yet generally they were in a better position. Erant igitur coloni mediæ conditionis inter ingenuos seu liberos et servos.