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.