The zeal of the Church for so holy a work must have contributed in an extraordinary way to diminish the number of slaves; the influence of it was so much the more salutary, as it was developed precisely at the time when it was most needed, that is, in those ages when the dissolution of the Roman empire, the irruption of the barbarians, the fluctuations of so many peoples, and the ferocity of the invading nations, rendered wars so frequent, revolutions so constant, and the empire of force so habitual and prevailing. Without the beneficent and liberating intervention of Christianity, the immense number of slaves bequeathed by the old society to the new, far from diminishing, would have been augmented more and more; for wherever the law of brute force prevails, if it be not checked and softened by a powerful element, the human race becomes rapidly debased, the necessary result of which is the increase of slavery. This lamentable state of agitation and violence was in itself very likely to render the efforts which the Church made to abolish slavery useless; and it was not without infinite trouble that she prevented what she succeeded in preserving on one side, from being destroyed on the other. The absence of a central power, the complication of social relations, almost always badly determined, often affected by violence, and always deprived of the guarantee of stability and consistency, was the reason why there was no security either for things or persons, and that while properties were unceasingly invaded, persons were deprived of their liberty. So that it was at that time necessary to fight against the violence of individuals, as had been formerly done against manners and legislation. We see that the third canon of the Council of Lyons, held about 566, excommunicates those who unjustly retain free persons in slavery; in the seventeenth canon of the Council of Rheims, held in 625, it is forbidden, under the same penalty, to pursue free persons in order to reduce them to slavery: in the twenty-seventh canon of the Council of London, held in 1102, the barbarous custom of dealing in men, like animals, is proscribed: and in the seventh canon of the Council of Coblentz, held in 922, he who takes away a Christian to sell him is declared guilty of homicide; a remarkable declaration, when we see liberty valued at as high a price as life itself. Another means of which the Church availed herself to abolish slavery was, to preserve for the unfortunate who had been reduced to that state by misery, a sure means of quitting it.
We have already remarked above that indigence was one of the causes of slavery, and we have seen that this was frequently the cause among the Gauls, as is evidenced by a passage of Cæsar. We also know that by virtue of an ancient law, he who had fallen into slavery could not recover his liberty without the consent of his master; as the slave was really property, no one could dispose of him without the consent of his master, and least of all himself. This law was in accordance with Pagan doctrines, but Christianity regarded the thing differently; and if the slave was still in her eyes a property, he did not cease to be a man. Thus on this point the Church refused to follow the strict rules of other properties; and when there was the least doubt, at the first favorable opportunity she took the side of the slave. These observations make us understand all the value of the new law introduced by the Church, which ordained that persons who had been sold by necessity should be able to return to their former condition by restoring the price which they had received. This law, which is expressly laid down in a French Council, held about 616 at Boneuil, according to the common opinion, opened a wide field for the conquests of liberty; it supported in the heart of the slave a hope which urged him to seek and put into operation the means of obtaining his ransom, and it placed his liberty within the power of any one who, touched with his unhappy lot, was willing to pay or lend the necessary sum. Let us remember what we have said of the ardent zeal which was awakened in so many hearts for works of this kind; let us call to mind that the property of the Church was always considered as well employed when it was used for the succor of the unfortunate, and we shall understand the incalculable influence of the regulation which we have just mentioned. We shall see that it was to close one of the most abundant sources of slavery, and prepare a wide path to universal emancipation.
CHAPTER XVIII.
CONTINUATION OF THE SAME SUBJECT
The conduct of the Church with respect to the Jews also contributed to the abolition of slavery. This singular people, who bear on their forehead the mark of proscription, and are found dispersed among all nations, like fragments of insoluble matter floating in a liquid, seek to console themselves in their misfortune by accumulating treasures, and appear to wish to avenge themselves for the contemptuous neglect in which they are left by other nations, by gaining possession of their wealth by means of insatiable usury. In times when revolutions and so many calamities must necessarily have produced distress, the odious vice of unfeeling avarice must have had a fatal influence. The harshness and cruelty of ancient laws and manners concerning debtors were not effaced, liberty was far from being estimated at its just value, and examples of persons who sold it to relieve their necessities were not wanting; it was therefore important to prevent the power of the wealthy Jews from reaching an exorbitant extent, to the detriment of the liberty of Christians. The unhappy notoriety which, after so many centuries, attaches to the Jews in this matter, proves that this danger was not imaginary; and facts of which we are now witnesses are a confirmation of what we advance. The celebrated Herder, in his Adrastus, ventures to prognosticate that the children of Israel, from their systematic and calculating conduct, will in time make slaves of all Christians. If this extraordinary and extravagant apprehension could enter the head of a distinguished man, in circumstances which are certainly infinitely less favorable to the Jews, what was to be feared from this people in the unhappy times of which we speak? From these considerations, every impartial observer, every man who is not under the influence of the wretched desire of taking the part of every kind of sect, in order to have the pleasure of accusing the Catholic Church, even at the risk of speaking against the interests of humanity; every observer who is not one of those who are less alarmed by an irruption of Caffres than by any regulation by which the ecclesiastical power appears in the smallest degree to extend the circle of its prerogative; every man, I say, who is neither thus bitter, little, nor pitiful, will see, not only without being scandalized, but even with pleasure, that the Church, with prudent vigilance, watched the progress of the Jews, and lost no opportunity of favoring their Christian slaves, until they were no longer allowed to have any.
The third Council of Orleans, held in 538, by its 13th canon, forbids Jews to compel Christian slaves to do things contrary to the religion of Jesus Christ. This regulation, which guarantied the liberty of the slave in the sanctuary of conscience, rendered him respectable even in the eyes of his master: it was besides a solemn proclamation of the dignity of man, it was a declaration that slavery could not extend its dominion over the sacred region of the mind. Yet this was not enough; it was proper also that the recovery of their liberty should be facilitated to the slaves of Jews. Three years only pass away; a fourth Council is held at Orleans; let us observe the progress which the question had made in so short a time. This Council, by its 30th canon, allows the Christian slaves who shall take refuge in the church to be ransomed, on paying to their Jewish master the proper price. If we pay attention, we shall see that such a regulation must have produced abundant results in favor of liberty, as it gave Christian slaves the opportunity of flying to the churches, and there imploring, with more effect, the charity of their brethren, to gain the price of their ransom. The same Council, in its 31st canon, ordains that the Jew who shall pervert a Christian slave shall be condemned to lose all his slaves; a new sanction given to the security of the slave's conscience – a new way opened to liberty. The Church constantly advanced with that unity of plan – that admirable consistency – which even her enemies have acknowledged in her. In the short interval between the period alluded to and the latter part of the same century, her progress was more perceptible. We observe, in the canonical regulations of the latter period, a wider scope, and, if we may so speak, greater boldness. In the Council of Mâcon, held in 581 or 582, canon 16, Jews are expressly forbidden to have Christian slaves; and it is allowed to ransom those who are in their possession for twelve sous. We find the same prohibition in the 14th canon of the Council of Toledo, held in 589; so that at this time the Church shows what her desire is; she is unwilling that a Christian should be in any way the slave of a Jew. Constant in her design, she checked the evil by all the means in her power; if it was necessary, limiting the right of selling slaves, when there was danger of their falling into the hands of Jews. Thus we see that, by the 9th canon of the Council of Châlons, held in 650, it is forbidden to sell slaves out of the kingdom of Clovis, lest they should fall into the power of Jews. Yet the intention of the Church on this point was not understood by all, and her views were not seconded as they ought to have been; but she did not cease to repeat and inculcate them. In the middle of the seventh century there were found clergy and laity who sold their Christian slaves to Jews. The Church labored to check this abuse. The tenth Council of Toledo, held in 657, by its 7th canon, forbids Christians, and especially clerics, to sell their slaves to Jews; the Council adds these noble words: "They cannot be ignorant that these slaves have been redeemed by the blood of Jesus Christ; wherefore they ought rather to buy than sell them."
This ineffable goodness of a God made man, who had shed His blood for the redemption of all men, was the powerful motive which urged the Church to interest herself with so much zeal in the enfranchisement of slaves; and, indeed, was it not enough to inspire horror for so degrading an inequality, to think that these same men, reduced to the level of brutes, had been, as well as their masters, as well as the most powerful monarchs upon earth, the objects of the merciful intentions of the Most High? "Since our Redeemer, the Creator of all things," said Pope S. Gregory, "has deigned, in His goodness, to assume the flesh of man, in order to restore to us our pristine liberty, by breaking, through the means of His Divine grace, the bonds of servitude, which held us captives, it is a salutary deed to restore to men, by enfranchisement, their native liberty; for, in the beginning, nature made them all free, and they have only been subjected to the yoke of servitude by the law of nations." (L. 5, lett. 72.)
During all times the Church has considered it very necessary to limit, as much as possible, the alienation of her property; and it may be said that the general rule of her conduct in this point was to trust very little to the discretion of any one of her ministers individually; she thus endeavored to prevent dilapidations, which otherwise would have been frequent. As her possessions were dispersed on all sides, and intrusted to ministers chosen from all classes of the people, and exposed to the various influences which the relations of blood, friendship, and a thousand other circumstances, the effects of difference of character, knowledge, prudence, and even of times and places, always exercise, the Church showed herself very watchful in giving her sanction to the power of alienation; and, when requisite, she knew how to act with salutary rigor against those ministers who, neglecting their duty, wasted the funds confided to them. We have seen that, in spite of all this, she was not stopped by any consideration when the ransom of captives was in question; it may be also shown that, with respect to property in slaves, she saw things in a different light, and changed her rigor into indulgence. When slaves had faithfully served the Church, the Bishops could grant them their liberty, and add a gift to assist them in maintaining themselves. This judgment as to the merit of slaves appears to have been confided to the discretion of the Bishops; and it is evident that such a regulation opened a wide door to their charity; at the same time, it stimulated the slaves to behave themselves, so as to deserve so precious a recompense. As it might happen that the succeeding Bishop might raise doubts as to the sufficiency of the motives which induced his predecessor to give liberty to a slave, and attempt afterwards to call it in question, it was ordained that they should respect the appointments of their predecessors on this point, and leave to the enfranchised not only their liberty, but also the gratuity which had been given to them in lands, vineyards, or houses: this is prescribed in the 7th canon of the Council of Agde in Languedoc, held in the year 506. Let it not be objected that manumission is forbidden by the canons of this Council in other places; they speak only in general terms, and allude not to cases where slaves had merited well. Alienations or mortgages made by a Bishop who left no property were to be revoked. This regulation itself shows that it alludes to cases in which the Bishops had acted against the canons. Yet if he had given liberty to any slaves, the rigor of the law was mitigated in their favor, and it was ordained that the enfranchised should continue to enjoy their liberty. This is ordained by the 9th canon of the Council of Orleans, held in 541. This canon only imposes on the enfranchised the obligation of lending their services to the Church; services which were evidently only those of the enfranchised. On the other hand, she recompensed them with the protection which she always granted to men in this condition.
As another proof of the indulgence of the Church with respect to slaves, may be cited the 10th canon of the Council of Celchite, in England, held in 816, the result of which must have been to enfranchise, in a few years, all the English slaves of the Churches existing in the countries where the Council was observed. Indeed, this canon ordained that, at the death of a Bishop, all his English slaves should be set at liberty; it added, that each of the other Bishops and Abbots might enfranchise three slaves on the occasion, by giving each of them three sous. Such regulations smoothed the way more and more, and prepared circumstances and men's minds, so that, some time later, was witnessed that noble scene, where, at the Council of Armagh, in 1172, liberty was given to all the English who were slaves in Ireland.
The advantageous conditions enjoyed by the slaves of the Church were so much the more valuable, because a regulation newly introduced prevented their losing them. If they could have passed into the hands of other masters, in this case they would have lost the benefits which they derived from living under the rule of so kind a mistress. But happily, it was forbidden to exchange them for others; and if they left the power of the Church, it was for freedom. We have a positive proof of this regulation in the decretals of Gregory IX. (l. 3, t. 19, chaps. 3 and 4). It should be observed that in this document the slaves of the Church are regarded as consecrated to God; thereon is founded the regulation which prevents their passing into other hands and leaving the Church, except as freemen. We also see there that the faithful, for the good of their souls, had the custom of offering their slaves to God and the Saints. By placing them thus in the power of the Church, they put them out of common dealing and prevented their again falling into profane servitude. It is useless to enlarge on the salutary effect which must have been produced by these ideas and manners, in which we see religion so intimately allied with the cause of humanity; it is enough to observe, that the spirit of that age was highly religious, and that which was attached to the cause of religion was sure to ride in safety.
Religious ideas, by constantly developing their strength and directing their action to all branches, were intended in a special manner to relieve men by all possible means from the yoke of slavery. On this subject we may be allowed to remark a canonical regulation of the time of Gregory the Great. In a Council at Rome, held in 595, and presided over by that Pope, a new means of escaping from their degraded state was offered to slaves, by deciding that liberty should be given to all those who desired to embrace the monastic life. The words of the holy Pope are worthy of attention; they show the ascendency of religious motives, and how much these motives preponderated over considerations and interests of a worldly nature. This important document is found in the letters of St. Gregory; it may be read in the notes at the end of the volume.
To imagine that such regulations would remain barren, is to mistake the spirit of those times: on the contrary, they produced the most important effects. We may form an idea of them by reading in the decree of Gratian (Distin. 54, c. 12), that they led to scandal; slaves fled from the houses of their masters and took refuge in monasteries, under pretext of religion. It was necessary to check this abuse, against which complaints arose on all sides. Without waiting to consider what these abuses themselves indicate, is it difficult to imagine that these regulations of the Church must have had valuable results? They not only gained liberty for a great many slaves, but also raised them very much in the eyes of the world, for they placed them in a state which every day gained importance and acquired an immense prestige and a powerful influence. We may form an idea of the profound change which took place every day in the organization of society, thanks to these various means, by fixing our attention for a moment on what resulted with respect to the ordination of slaves. The discipline of the Church on this point was in accordance with her doctrines. The slave was a man like other men, and he could be ordained as well as the greatest noble. Yet while he was subject to the power of his master, he was devoid of the independence necessary for the dignity of the sacred ministry; therefore it was required that he should not be ordained until he had been previously set at liberty. Nothing could be more just, reasonable, and prudent, than the limit thus placed on a discipline otherwise so noble and generous – a discipline which was in itself an eloquent protest in favor of the dignity of man. The Church solemnly declared that the misfortune of being a slave did not reduce him below the level of other men, for she did not think it unworthy of her to choose her ministers from among those who had been in servitude. By placing in so honorable a sphere those who had been slaves, she labored with lofty generosity to disperse the prejudices which existed against those who were placed in that unhappy condition, and created strong and effective ties between them and the most venerated class of freemen. The abuse which then crept in of conferring orders on slaves, without the consent of their masters, is above all worthy of our attention; an abuse, it is true, altogether contrary to the sacred canons, and which was checked by the Church with praiseworthy zeal, but which is not the less useful in enabling the observer duly to appreciate the profound effect of religious ideas and institutions. Without attempting in any way to excuse what was blamable therein, we may very well make use of the abuse itself, by considering that it frequently happens that abuses are only exaggerations of a good principle. Religious ideas accord but ill with slavery, although supported by laws; thence the incessant struggle, repeated under different aspects, but always directed towards the same end, viz. universal emancipation. It appears to us that we may now the more confidently avail ourselves of this kind of argument, as we have seen the most dreadful attempts at revolution treated with indulgence, on account of the principles with which the revolutionists were imbued and the objects which they had in view; objects which, as every one knows, were nothing less than an entire change in the organization of society. The abuse to which we have alluded, is attested by the curious documents which are found collected in the decree of Gratian (Dist. 54, c. 9, 10, 11, 12). When we examine these documents with attention, we find, 1st, that the number of slaves thus freed was very considerable, since the complaints on this subject were almost universal: 2d, that the Bishops were generally in favor of the slaves; that they carried their protection very far; that they labored in all ways to realize these doctrines of equality; indeed, it is affirmed in these documents that there was hardly a Bishop who could not be charged with this reprehensible compliance: 3d, that slaves were aware of this spirit of protection, and were eager to throw off their chains and cast themselves into the arms of the Church: 4th, that this combination of circumstances must have produced in men's minds a movement very favorable to liberty; and that this affectionate communication established between slaves and the Church, then so powerful and influential, must soon have weakened slavery, and rapidly have promoted the advance of nations towards that liberty which completely triumphed a few centuries later. The Church of Spain, whose civilizing influence has received so many eulogiums from men certainly but little attached to Catholicity, equally displays her lofty views and consummate prudence on this point. Charitable zeal in favor of slaves was so ardent, the tendency to raise them to the sacred ministry so decided, that it was necessary to allow free scope to this generous impulse, while reconciling it as much as possible with the sacredness of the ministry. Such was the twofold object of the discipline introduced into Spain, by virtue of which it was allowed to confer sacred orders on the slaves of the Church, on their being previously enfranchised. This is ordered by the 74th canon of the fourth Council of Toledo, held in 633; it is also inferred from the 11th canon of the ninth Council of Toledo, which ordains that Bishops shall not introduce the slaves of the Church among the clergy without having previously given them their liberty.
It is remarkable that this regulation was extended by the 18th canon of the Council of Merida, in 666, which gives to parish-priests the right of selecting clerks among the slaves of their own church, with the obligation of maintaining them according to their means. This wise discipline prevented, without any injustice, all the difficulties that might have ensued from the ordination of slaves; while it was a very mild way of effecting the most beneficent results, since in conferring orders on the slaves of the Church, it was easy to choose from among them such as were most deserving by their intellectual and moral qualifications. At the same time, it was affording the Church a most favorable and honorable mode of liberating her slaves, by enrolling them among her ministers. Finally, the Church by her generous conduct towards slaves, gave a salutary example to the laity. We have seen that she allowed the parochial clergy, as well as the bishops, the privilege of setting them free; and this must have rendered it less painful for laymen to emancipate their slaves, when circumstances seemed to call the latter to the sacred ministry.