The principle which St. Augustine laid down was that observed. The state was to enact the laws regulating this species of property; the church was to plead for morality and to exhort to practise mercy.
About the same time, St. Peter, archbishop of Alexandria, drew up a number of penitential canons, pointing out the manner of receiving, treating, and reconciling the “lapsed,” or those who, through fear of persecution, fell from the profession of the faith. Those canons were held in high repute, and were generally adopted by the eastern bishops.
The sixth of those canons exhibits to us a device of weak Christians, who desired to escape the trials of martyrdom, without being guilty of actual apostasy. A person of this sort procured that one of his slaves should personate him, and in his name should apostatize. The canon prescribes for such a slave, who necessarily was a Christian and a slave of a Christian, but one-third of the time required of a free person, in a mitigated penance, taking into account the influence of fear of the master, which, though it did not excuse, yet it diminished the guilt of the apostasy.
The general council of Nice, in Bythinia, was held in the year 325, when Constantine was emperor. In the first canon of this council, according to the usual Greek and Latin copies, there is a provision for admitting slaves, as well as free persons who have been injured by others, to holy orders. In the Arabic copy, the condition is specially expressed, which is not found in the Greek or Latin, but which had been previously well known and universally established, “that this should not take place unless the slave had been manumitted by his master.”
About this period, also, several of the Gnostic and Manichean errors prevailed extensively in Asia Minor. The fanatics denied the lawfulness of marriage; they forbid meat to be eaten; they condemned the use of wine; they praised extravagantly the monastic institutions, and proclaimed the obligation on all to enter into religious societies; they decried the lawfulness of slavery; they denounced the slaveholders as violating equally the laws of nature and of religion; they offered to aid slaves to desert their owners; gave them exhortations, invitations, asylum, and protection; and in all things assumed to be more holy, more perfect, and more spiritual than other men.!!!
Osius, bishop of Cordova, whom Pope Sylvester sent as his legate into the east, and who presided in the council of Nice, was present when several bishops assembled in the city of Gangræ, Paphlagonia, to correct those errors. Pope Symmachus declared, in a council held in Rome, about the year 500, that Osius confirmed, by the authority of the pope, the acts of this council. The decrees have been admitted into the body of canon law, and have always been regarded as a rule of conduct in the Catholic church. The third canon:
Si quis docet servum, pietatis prætextu, dominum contemnere, et a ministerio recedere, et non cum benevolentia et omni honore domino suo inservire. Anathema sit.
If any one, under the pretence of piety, teaches a slave to despise his master, and to withdraw from his service, and not to serve his master with good-will and all respect. Let him be anathema.
Let him be anathema is never appended to any decree which does not contain the expression of unchangeable doctrine respecting belief or morality, and indicates that the doctrine has been revealed by God. It is precisely what St. Paul says in Gal. i. 8: “But though we, or an angel from heaven, preach a gospel to you beside that which we have preached to you, let him be anathema.” 9: “As we said before to you, so I say now again: If any man preach to you a gospel besides that which you have received; let him be anathema.” It is therefore manifest, that although this council of Gangræ was a particular one, yet the universal reception of this third canon, with its anathema, and its recognition in the Roman council by Pope Symmachus, gives it the greatest authority and in Labbe it is further entitled as approved by Leo IV., about the year 850, dist. 20, C. de libell.
Several councils were held in Africa in the third and fourth centuries, in Carthage, in Milevi, and in Hippo. About the year 422, the first of Pope Celestine I., one was held under Aurelius, archbishop of Carthage, and in which St. Augustine sat as bishop of Hippo and legate of Numidia. A compilation was made of the canons of this and the preceding ones, which was styled the “African Council.” The canon cxvi. of this collection, taken into the body of the canon law, decrees that slaves shall not be admitted as prosecutors, nor shall certain freedmen be so admitted, except to complain for themselves; and for this, as well as for the incapacity of several others there described, the public law is cited, as well as the 7th and 8th councils of Carthage.