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 the feeble. 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 under the 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.”