Cùm prioribus canonibus jam fuerit definitum, ut de mancipiis Christianis, quæ apud Judæos sunt, si ad ecclesiam confugerint, et redimi se postulaverint, etiam ad quoscumque Christianos refugerint, et servire Judæis noluerint, taxato et oblato a fidelibus justo pretio, ab eorum dominio liberentur; ideo statuimus, ut tam justa constitutio ab omnibus Catholicis conservetur.
Whereas it has been decreed by former canons, respecting the Christian slaves that are under the Jews, that if they should fly to the church, or even to any Christians, and demand their redemption, and be unwilling to serve the Jews, they should be freed from their owners upon a fair price being assessed by the faithful and tendered for them: we therefore enact that this so just a regulation shall be observed by all Catholics.
At this period, 541, in this province and kingdom, the Jew had a good title to his Christian slave, and could not be deprived of him except by law, or for value tendered.
The first council of Macon was assembled at the request of King Guntram, or Goutran, one of the sons of Clotaire I., to whom the division of Orleans was left upon the death of his father in 561. This assembly was held in 581. The sixteenth canon is—
Et licet quid de Christianis, qui aut captivitatis incursu, aut quibuscumque fraudibus, Judæorum servitio implicantur, debeat observari, non solum canonicis statutis, sed et legum beneficio pridem fuerit constitutum: tamen quia nunc ita quorundam querela exorta est, quosdam Judæos, per civitates aut municipia consistentes, in tantam insolentiam et proterviam prorupisse ut nec reclamantes Christianos liceat vel precio de eorum servitute absolvi. Idcirco præsenti concilio, Deo auctore, sancimus, ut nullus Christianus Judæo deinceps debeat servire; sed datis pro quolibet bono mancipio xii. solidis, ipsum mancipium quicumque Christianus seu ad ingenuitatem, seu ad servitium, licentiam habeat redimendi: quia nefas est, ut quos Christus Dominus sanguinis effusione redemit persecutorum vinculis maneant irretiti. Quod si acquiescere his quæ statuimus quicumque Judæus noluerit, quamdiu ad pecuniam constitutam venire distulerit, liceat mancipio ipsi cum Christianis ubicumque voluerit habitare. Illud etiam specialiter sancientes, quod si qui Judæus Christianum mancipium ad errorem Judaicum convictus fuerit persuasisse, ut ipso mancipio careat, et legandi damnatione plectetur.
And although the mode of acting in regard to Christians who have been entangled in the service of the Jews by the invasions for making captives, or by other frauds, has been regulated heretofore not only by canonical enactments, but also by favour of the civil laws; yet because now the complaint of some persons has arisen, that some Jews dwelling in the cities and towns have grown so insolent and bold, that they will not permit the Christians demanding it to be freed even upon the ransom of their service; wherefore, by the authority of God, we enact by this present act of council, that no Christian shall henceforth lawfully continue enslaved to a Jew; but that any Christian shall have the power of redeeming that slave either to freedom or to servitude, upon giving for each good slave the sum of twelve shillings (solidum): because it is improper that they whom Christ redeemed by the shedding of his blood, should continue bound in the chains of persecutors. But if any Jew shall be unwilling to acquiesce in these enacted provisions, it shall be lawful for the slave himself to dwell where he will, with Christians, as long as the Jew shall keep from taking the stipulated money. This also is specially enacted, that if any Jew shall be convicted of having persuaded his Christian slave to the adoption of Jewish error, he shall be deprived of the slave and amerced to make a gift.
It was only at this period that we find any of the laws of the Franks introducing the right of a Christian to refuse service to a Jew. This, however, was not the case in all the territory, for that over which Guntram ruled was but a fourth part of the empire.
The following is ep. xxi. lib. iii. indic. xii.
Gregorius Venantio, Episcopo Lunensi: