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.