Many of the churches, especially in the country, were curtailed in their income and reduced to difficulties, because the bishops and abbots had large estates within their parishes, and many servants occupied in their cultivation, and the prelates prevented these servants paying tithes to the parish clergy, claiming for themselves an exemption from the obligation. The canon xix. is the following:
Questi sunt præterea quidam fratres, quod essent quidam episcopi et abbates, qui decimas non sinerent dari ecclesiis ubi illi coloni missas audiunt. Proinde decrevit sacer ille conventus, ut episcopi et abbates de agris et vineis, quæ ad suum vel fratrum stipendium habent, decimas ad ecclesias deferri faciant: familiæ vero ibi dent decimas suas, ubi infantes eorum baptizantur, et ubi per totum anni circulum missas audiunt.
“Moreover some brethren have complained, that there were some bishops and abbots who would not permit tithes to be given to those churches where colonists hear mass. Wherefore that holy assembly decreed, that, for those fields and vineyards which they have for their own support or that of their brethren, the bishops and abbots should cause the tithe to be paid to the churches. And let the servants pay their tithes to the church where their infants are baptized, and where during the year they hear mass.”
In this we have additional evidence of the fact that large bodies of land, and numerous servants attached to them, were held by bishops and abbots, not only for themselves, but for their churches and their monasteries. The canon xxx. is the following:
Dictum nobis est quod quidam legitima servorum matrimonia potestivâ quâdam præsumptione dirimant, non attendentes illud evangelicum: Quod Deus conjunxit, homo non separet. Unde nobis visum est, ut conjugia servorum non dirimantur, etiam si diversos dominos habeant: sed in uno conjugio permanentes dominis suis serviant. Et hoc in illis observandum est, ubi legalis conjunctio fuit, et per voluntatem dominorum.
“It has been stated to us that some persons, by a sort of magisterial presumption, dissolve the lawful marriages of slaves; not regarding that evangelical maxim, What God hath put together, let man not separate. Whence it appears to us, that the wedlock of slaves may not be dissolved, even though they have different masters; but let them serve their masters, remaining in one wedlock. And this is to be observed with regard to those where there has been a lawful union, and with the will of the owners.”
In the year 816, a council was held at Aix-la-Chapelle, in which a large portion of the canon law then in force regarding the clergy was imbodied into one hundred and forty-five chapters. After the session of the council, the emperor published a capitulary containing thirty chapters; the sixth of which complains of the continued indiscretion of bishops in ordaining servants, contrary to the canons, and forbids such ordinations except upon the master’s giving full liberty to the slave. If a servant shall impose upon a bishop by false witnesses or documents of freedom, and thus procure ordination, he shall be deposed and taken back by his owner. If the descendant of a slave who came from abroad shall have been educated and ordained, where there was no knowledge of his condition, should his owner subsequently discover him and prove his property, if this owner grants him liberty, he may keep his clerical rank; but if the master asserts his right and carries him away, though the slave does not lose his character of order, he loses his rank, and cannot officiate. Should masters give servants freedom that they may be capable of ordination, it shall be in the master’s discretion to give or to withhold the property necessary to enable the person to get orders.
The archbishops are to have in each province the emperor’s authority in the original, to authorize their ordaining the servants of the church, and the suffragan bishops are to have copies of this original, and when such servant is to be ordained, this authority must be read for the people from the pulpit or at the corner of the altar. The like form was to be observed when any of the laity desired to have any servant of the church promoted to orders, or when the like promotion was petitioned for by the prior of a chapter or of a monastery. Lotharius, the emperor, published a capitulary in Rome, in 842.
In the third chapter of the first part, we find the following expression:
In electione autem Romani pontificis nullus, sive liber sive servus, præsumat aliquod impedimentum facere.