In a capitulary of Charlemagne, published in such a synod and general assembly in 779, in the month of March, in the eleventh year of his reign, at Duren, on the Roer, (Villa Duria,) between Cologne and Aix-la-Chapelle, there being assembled episcopis, abbatibus, virisque illustribus, comitibus, unà cum piissimo domino nostro,—“the bishops, abbots, and the illustrious men, the counts, together with our most pious lord,”—we find the following chapter:
XX. De mancipiis quæ venduntur, ut in præsentiâ episcopi vel comitis sit, aut in præsentiâ archdiaconi, aut centenarii, aut in præsentiâ vicedomini, aut judicis comitis, aut ante bene nota testimonia. Et foras marcham nemo mancipium vendat. Qui fecerit, tantis vicibus bannos solvet, quanta mancipia vendidit. Et si non habet precium vivadio, pro servo semetipsum donet comiti, usquèdum ipsos bannos solvat.
“Concerning slaves that are sold, let it be in presence of the bishop, or of the count, or in presence of the archdeacon, or of the judge of the hundred, or in presence of the lord’s deputy, or of the judge of the county, or of well known witnesses. And let no one sell a slave beyond the boundary. Whosoever shall do so shall pay as many fines as he sold slaves. And if he has not the money, let him deliver himself to the count in pledge as a slave until he shall pay the fines.”
In a capitulary of Pope Adrian I., containing the summary of the chief part of the canon law then in force, as collected from the ancient councils and other sources, delivered to Ingilram, bishop of Metz, or, as it was then called, Divodurum, or oppidum Mediomatricorum, on the 19th of September, xiii. kalendas Octobris, indic. ix. 785, the sixteenth chapter, describing those who cannot be witnesses against priests, mentions not merely slaves, but quorum vitæ libertas nescitur, those who are not known to be free; and in the notes of Anthony Augustus, bishop of Tarragona, on this capitulary, he refers for this and another passage, viles personae, persons of vile condition, which is the appellation of slaves, to decrees of the earliest of popes, viz., Anacletus, A.D. 91, and Clement his immediate successor; Evaristus, who was the next, and died A.D., 109; Pius, who died A.D. 157; Calistus, in 222; Fabian, 250; and several others. In chapter xxi. among incompetent witnesses, are recited, nullus servus, nullus libertus—no slave, no freedman. The notes of the same author inform us that this portion of the chapter is the copy of an extract from the first council of Nice, and that it is also substantially found in a passage from Pope Pontianus, who died in 235, as well as in several of the early African and Spanish councils, which he quotes.
One of these assemblies, in which Charlemagne published a capitulary, was held at Aix-la-Chapèlle (Aquisgranum) in 789, in which eighty-two chapters were enacted. No. xxiii. is founded upon canon iv. of the council of Chalcedon, and upon an enactment of Leo the Great. It prohibited all attempts to induce a slave to embrace either the clerical or monastical state without the will and license of the master. No. xlv. prohibits, among others, slaves from being competent witnesses, or freedmen against their patrons: founded upon the ninety-sixth canon of the African councils. No. lvii. referring to the third canon of the council of Gangræ, prohibits bishops ordaining slaves without the master’s license.
In 794 a council was held at Frankfort on the Maine, at which the bishops of a large portion of Europe assisted; the twenty-third canon of which is the following:
De servis alienis, ut a nemine recipiantur, neque ab episcopis sacrentur sine licentiâ dominorum.
“Of servants belonging to others: they shall be received by no one, nor admitted to orders by bishops, without their masters’ license.”
In the year 697, at another assembly held at Aix-la-Chapelle, the capitulary for the pacification and government of Saxony was enacted by Charlemagne. The eighth chapter is—
Si quis hominem diabolo sacrificaverit, et hostiam in more paganorum dæmonibus obtulerit, morte moriatur.