(b) Codex Theodosianus, IV, 7, 1; A. D. 321. Cf. Kirch, n. 749.
Edict of Constantine granting the privilege of manumission to take place in churches.
The Church does not seem to have been opposed to slavery as an institution. It recognized it as a part of the social order, following the advice of St. Paul. But, at the same time, also following his advice, it endeavored to inculcate Christian love in the treatment of slaves, and legislated frequently on the matter. The edict of Constantine was in favor of this humane teaching of the Church to the extent that it enabled it to forward the tendency toward manumission of slaves, which the Church taught as a pious act. This edict is to be found in Cod. Just., I, 13, 2.
Those who from the motives of religion shall give deserved liberty to their slaves in the midst of the Church shall be regarded as having given the same with the same legal force as that by which Roman citizenship has been customarily given with the traditional solemn rites. But this is permitted [pg 386] only to those who give this liberty in the presence of the priest. But to the clergy we concede more, so that, when they give liberty to their slaves, they may be said to have granted a full enjoyment of liberty, not merely in the face of the Church and the religious people, but also, when in their last disposition of their effects they shall have given liberty or shall direct by any words whatsoever that it be given, on the day of the publication of their will liberty, without any witness or intervention of the law, shall belong to them immediately.
(c) Canons bearing on Slavery:
Synod of Elvira, A. D. 309, Canon 5, Bruns, II, 1.
If a mistress seized with furious passion beat her female slave with whips so that within three days she gives up her soul in suffering, inasmuch as it is uncertain whether she killed her wilfully or by chance, let her, if it was done wilfully, be readmitted after seven years, when the lawful penance has been accomplished; or after the space of five years if it was by chance; but if she should become ill during the appointed time, let her receive the communion.
Synod of Gangra, A. D. 343, Canon 3, Bruns, I, 107.
If any one, under the pretence of piety, advises a slave to despise his master and run away from his service and not with good will and full respect serve his master, let him be anathema.