  LESSON I.In the course of the present study, we propose to notice the doctrine and action of the church as connected with the subject of slavery; and to examine what were the tenets and conduct of those men who claimed to be governed by the immediate teachings of Christ and his apostles. In this investigation, we must apply to the records of the Catholic Church, although we are aware that, in the minds of some, strong and bitter prejudice may exist against these records; that some will say the canker of corruption had destroyed the very kernel of Christianity in that church. Bower, a Protestant author, in the preface to his “History of the Popes,” 7 vols. quarto, says— “We must own the popes to have been, generally speaking, men of extraordinary talents, the ablest politicians we read of in history; statesmen fit to govern the world, and equal to the vast dominion they grasped at; a dominion over the minds as well as the bodies and estates of mankind; a dominion, of all that ever were formed, the most wide and extensive, as knowing no other bounds but those of the earth.” Page 10, vol. i. 3d edition, London, 1750. Mr. Bower was a very learned man, had been educated a Catholic, was professor of rhetoric, history, and philosophy in the universities of Rome, Fermo, and Macerata, and counsellor of the Inquisition at Rome. He commenced a work to prove the pope’s infallibility and supremacy. But he proved to himself the adverse doctrine. He resigned his professorships and places, removed to London, abjured the Catholic religion, and wrote the work quoted. It is a work of great labour and merit, and well worth the attention of the curious in these matters. But it is proper here to remark, History has handed us a few of the acts of him who lived a thousand years ago; by them we judge, as though he lived to-day, acts which prejudice may have distorted, or favour presented to the lens of time. We must look to the condition of things at the time of the act; to the probable effect under such condition, and to the real effect as developed by time. Pope Benedict IX. ascended the throne in A.D. 1033. He is very unfavourably known to history. During his time there was a very powerful faction raging against him at Rome, by which, at one time, he was driven into exile. He is said to have sold the popedom, because his debaucheries made him an object of contempt, and he wished to be free from restraint; but in 1041, four years before he abandoned the papal chair, he established, at a council in Aquitaine, the Treuga Dei, whence it has been said that, during three days in the week, he permitted any man to commit all sorts of crimes, even murder, free from church censure, &c. By the Treuga Dei, for any wrong done him, no person was permitted to revenge himself, from Wednesday evening to Monday morning: construed, as above, by some, that he might do so during the remaining portion of the week. The facts were, all Europe was still groping in the ignorance of the darkest ages; yet Christianity had been firmly established as a system of faith. The church had always forbidden a revengeful redress of individual wrongs; and, for such acts, her priests ever threatened excommunication. But these charges had little or no effect during these still semi-idolatrous and barbarous ages. The kings were but heads of tribes, too weak to restrain their nobles, as the nobles were their vassals: under such a state of things, each one strove to redress his own wrongs. This led to constant murders, and every kind of crime. Each state was constantly agitated by civil commotions and bloodshed. Great moral changes are advanced by short steps. The church took this evil in hand, and hence the Treuga Dei, a word used in the Latin of that And may we not find sometimes, among ourselves, lamentable instances of corruption, which, in the blackness of their character, defy the powers of the pen? Instances, where, recreant to every honest, noble, and holy feeling, individuals, hidden, as they think, beneath the robes of righteousness, have carried poverty and distress to the house of the widow, trampling on the rights—may be, the life—of the orphan, and even using the confidence of a brother to betray and rob him? Nor is it a matter of any exultation to the broken, the wounded mind, that, in all such instances, unless the stink of insignificance shall totally exclude such criminal from the page of history, whatever may be the cloak he may wear, truth will eventually for ever convert it into the burning shirt of Nessus. But, if you call a dog a thief, he feels no shame. Generations of enforced improvement and the grace of God alone can wipe out the stains of an evil heart. Nor can man alter this his destiny. In presenting the action and records of the church and early fathers, we have freely adopted the sentiments and facts digested by Bishop England, to whom, we take occasion here to say, we feel as much indebted, as though we had merely changed a particle or deleted what was irrelevant to our subject. Nor do we know of higher honour we can do this great and good man than to lend our feeble mite to extend the knowledge of his research, his purity, and great learning; and if, in the continuation of this his unfinished study, amid the pagan superstitions and bigoted thousands of Islam in benighted Asia, the conflicts of the Cross and the Wand of Woden, during the dark ages of continental Europe, we may be suffered to feel the elevating influence of his life-giving mantle, we shall also surely feel elevated hopes of a high immortality. But, it may be well here to remark, that we have no sectarian church to sustain; that we belong to no religious order; nor have, as yet, subscribed to any faith formed by man. And while we advocate the cause of religion and truth, yielding ourselves in all humility to the influence of Divine power, we feel as certain of his final notice, as though we had marched through under a thousand banners at the head of the world. We have all confidence in the word of him who hath said that even the sparrow falleth not without his notice. But, it is said, when disease infuses bile into the organs of sight, the objects of vision have a peculiar tinge: to blend previous, sometimes numerous, impressions into one perception, is a common action of the mind. Thus the present idea is often modified by those that have preceded; and hence we may conclude how often the mind is under the insensible influence of prejudice. Upon these facts she has enthroned her power. But he who has schooled his mind in the doctrines of a tranquil devotion, who habituates himself to view all things past, present, and to come, through the medium of cause and effect, as the mere links of one vast chain, reaching from Omnipotence to the present action, may well rise superior to the tumult of passion or the empire of prejudice. And to the utilitarian permit us to With such views, let us for a moment consider the circumstances attending the early ages of the Roman church; and let us note that, although her priests were but men, whether her records are not as reliable as if some of her peculiarities had been different, or she had been called by a different name. But we shall not quote or pursue these records down to so late a day as the Protestant Reformation. We hope, therefore, that the Protestant will say that the records we quote are, most decidedly, the records of the church. LESSON II.The moral condition of man was peculiar. To a great extent the religious systems of the Old World had been analyzed by the intelligent; they no longer gave confidence to the mind. The sanctity of the temples was dissipated by the mere speculations of philosophy, and the gods of idolatry tottered on their pedestals. The nations of the earth were brought in subjection, in slavery, to the feet of imperial Rome; and their gods, being presented face to face, lost their divinity by the rivalship of men. Such was the condition of the moral world when Christianity was introduced to mankind. The old religions pretended to give safety by bargain of sacrifice, by penance, and payment, but the religion of Jesus Christ taught that salvation and safety were the free gift of God. The history of man proves the fact that he has ever been disposed to purchase happiness on earth and felicity in heaven by his own acts, or by the merit of his condition; and hence, we always find that a corrupted Christianity for ever borders on the confines of idolatry. Nor is it difficult to show how this easily runs into The barbarians of northern Europe and western Asia, while yet only illumined by some faint rays of the Christian light, feeling from habit the want of the external pomp and the governing control of a religious power, in a half-savage, half-heathen state of mind, were disposed to prostrate themselves at the feet of the chief priest of Rome. In the year 312, under the pontificate of Melchiades, (by the Greeks called Miltiades,) the Emperor Constantine established the Christian church by law. Thus sustained, it became at once the pool in which ambition and crime sought to cleanse their robes. Yet, beneath its waters were priceless pearls. Torn by schism, sometimes by temporal misrule, the church languished,—but lived. For several centuries the future became a mere variation of the past. The ways of God are indeed inscrutable. A flaming meteor in the east now agitated the mind. Like the insects of twilight, thousands marshalled under the crescent light of the prophet. The disciples of Mohammed swept from the earth the churches at Antioch and Alexandria, suddenly made inroads on Europe, conquered Spain, and were in step to overleap the Pyrenees and Alps. Let us step aside, and reconnoitre their host! The object of the Arabian, Saracen, and Moorish warriors was the propagation of their creed. The alternative was proposed to all,—its embrace, or tribute; if rejected, the chance of war. Persia and Syria were quickly subdued. Egypt and Cyprus gave way, A.D. 645. The slave of Jews or Christians seldom rejected freedom in favour of the cross; if so, he was reduced to the level of the vilest brute. The free were either put to death, or, as a great favour, permitted to be slaves. Thus the Christian master and slave were often in a reversed condition under Mohammedan rule. Sicily and the whole northern Africa substituted the crescent for the Cross; and in quick succession Spain was invaded and the throne of Roderick overturned. Toledo yielded to Mousa; and Fleury, lib. xli. part 25, says—“He put the chief men to death, and subjugated all Spain, as far as Saragossa, which he found open. He burned the towns, he had the most powerful citizens crucified, Italy was in consternation; the church trembled, and Constantinople was threatened. Crossing the Pyrenees, A.D. 719, they poured down upon France, met Charles, the father of Pepin, and Eude of Aquitaine, who slew Zama, and compelled his troops to raise the siege of Toulouse; but, recovering confidence, their incursions were frequent and bloody; and the historians of that day announce that, upon one occasion alone, they lost 370,000 men upon the fields of France. But these reverses were the bow of hope to the Peninsula. Alphonsus struck a blow, and in one day retook many towns and released from bondage ten thousand Christian slaves. These exertions were continued with intermitted success; and, like the retiring thunder of the retreating storm, the rage of battle became less terrific and at more distant periods; but the standard of Islam still continued to affrighten the world, alternately flaming its red glare over the Peninsula to the mountains of France and the plains of Italy, and until embattled Europe, excited to Croisade, dispelled its power on the banks of the Jordan. But, let us return. Aistulphus appears amid this flame of war. His Lombards threaten extermination, and brandish the sword at the very gates of Rome. Pepin had now usurped the throne of the Franks. He demanded the confirmation of the church; and, in return, promised protection to the “Republic of God.” Rome saw the prospect of her ruin, with searching eyes looked for aid, and confirmed Pepin in his secular power; who, in gratitude, drove for a time the Lombards from Italy, and deposited the keys of the conquered cities on the altar of Saint Peter. The Roman emperors had now long since removed their court to Constantinople. Their power over western Europe vacillated with the strife of the times. Charlemagne now appears kissing the steps of the throne of the church. Again he appears, master of all the nations composing the Western Empire, and of Rome; and, on Christmas-day, in the year 800, Leo III. placed the crown of the Roman emperors on the head of the son of Pepin. But, as yet, the act of crowning by the pope was a mere form. Fifty years had scarcely sunk in the past, when the Emperor Basilius expelled Photius from the patriarchal see of his capital. He was charged with having been the tool of the Emperor Michael. He claimed supremacy over the pope of Rome. Hadrian had now But the Greeks and Bulgarians, jealous for their native priesthood, demanded by what authority the see of Rome claimed jurisdiction over the Old and New Epirus, Thessaly, and Dardania, the country now called Bulgaria. For more than four centuries there had been occasional jealousies between these two churches; certain articles of faith continued subjects of difference; and the questions of temporal and spiritual precedence made them ever watchful. History records that, as early as 606, Phocas, having ascended the imperial throne, treading upon the dead bodies of the Emperor Mauritius, his children and friends,—Cyriacus, the patriarch, exposed to his view the enormity of his crimes, and most zealously exhorted to repentance. The supremacy of order and dignity was instantly granted to the patriarch of Rome, in the person of Boniface III. But his successors, their historians say, wisely refused, disclaimed the favour of Phocas, but claimed it as a Divine right derived from St. Peter. Thus commenced and was made final the severance of the Greek and Roman churches. But the loss of spiritual rule in the east was accompanied by an enlargement of temporal power in the west. Upon the death of Hadrian, John, the son of Gundo, succeeded to the papal chair; and, upon the demise of Lewis II., (876,) his uncles, Lewis, king of Germany, and Charles the Bald, king of France, were rivals for the vacant throne. Charles and Hadrian were ever at variance. But, seizing upon the moment, because he was more ready at hand, or more yielding to his wishes, John invoked him instantly at Rome, received him with loudest acclamations, and crowned him emperor, just seventy-five years to a day from the elevation of Charlemagne to the Western Empire. Upon this occasion, Pope John announced that he had elected him emperor in conformity to the revealed will of God; that his act of crowning him made him such; and that the sceptre, under God, was his free gift. This new doctrine was assented to by Charles, and ever after claimed as one of the powers of the pope of Rome. Thus the church of Rome became wholly separated from the Eastern Empire,—“freely losing its hold on a decayed tree, to graft itself upon a wild and vigorous sapling.” D'Aubigne. Eutropius, the Lombard, informs us of the rich presents made to Thus we have seen why and how the brawny shoulders of the idolatrous children of the north elevated to the throne, thus how the Franks established the temporal power, of the popes of Rome; yet, perhaps, little was foreseen how this state of things was destined, in the course of events, to elevate the church of Rome, and the power of its pontiffs, to a supremacy of all temporal government. It could not have been foreseen how the genius of Hildebrand (Pope Gregory VII.) should, two hundred years after, carry into full accomplishment, by mere words of peace, “what Marius and CÆsar could not by torrents of blood.” But corruption, to a greater or less extent, necessarily followed such a connection of church and state. It matters not to whom, nor in what age,—give churches temporal power, and they are liable to be corrupt. But the church was still a fountain from which the living waters were dispensed to mankind. Instances of personal wickedness may have been more or less common; yet the spirit of truth found it a focal residence, and diffused its light to the world. The Christian church is not the contrivance of man, whose works pass away, but of God, who upholds what he creates, and who has given his promise for its duration. Its object is to satisfy the religious wants of human nature, in whatever degree that nature may be developed; and its efficacy is no greater for the learned than for the unlearned; for the exalted of the earth, than for the slave. LESSON III.It is said all nature swarms with life. But every animal, in some way, preys upon his fellow. Even we cannot move our foot without becoming the means of destruction to petty animals capable of palpitating for hours, may be days, in the agonies of death. There is no day upon this earth, in which men, and millions of other animals, are not tortured in some way, to the fullest extent of life. Dive into the dungeon, or the more obscure prison-house of penury. See the aged long for his end, and the young languish in despair; talents and virtue in eternal oblivion: see malice, vengeance, and cruelty at their work, while they propagate every hour; for severity begets its kind, and hate begets hate. Look where you will, the heart is torn with anguish; the soul is saddened by sorrow. All things seem at war; all one vast abortion. Such is the rugged surface; and the eye sees no golden sands, no precious gems gleaming from beneath the blackened waters of human suffering. These things are so; creation has grown up; and human life can never effect one tremble of the leaf on which it has found its residence. But the Christian philosopher views these evidences of a great moral catastrophe without madness. He perceives that sin has sunk man into degradation, slavery, and death. He comprehends his own weakness, and trusts in God. But there is a man, with all these facts before him, who rages. He makes war on the providence, and determines, as if to renovate the work, of the Almighty. Is he a man of a single idea? If not, let him make a better world; and, while he is thus employed, let us resume our subject. Slavery, either voluntary or involuntary, whether the immediate result of crime or of mental and physical degradation, is equally the consequent of sin. Let us consider how far its existence is sustained by the laws of justice, of religion, and of God. Our word, God, is pure Saxon, signifying “perfectly good;” “God is good.” “And God saw every thing that he had made, and, behold, it was very good.” Suppose the laws of Japan permit voluntary slavery, as did those of Moses. (See Exod. xxi. 5; also Lev. xxv. 47.) Suppose an African negro, of the lowest grade, destitute and naked, voluntarily finds himself in that island, where the poor, free inhabitants scarcely sustain life by the most constant toil. The negro finds no employment. He can neither buy, beg, nor steal; starvation is at hand. He applies to sell himself, under the law of the country, But, “What is life without liberty?” said a beggar-woman! He, who thinks life without liberty worth nothing, must die if he have no means to sustain his liberty. Esther entertained no such notion: “For we are sold, I and my people, to be destroyed and slain, and to perish. But if we had been sold for bond-men, and bond-women, I had held my tongue.” Esth. vii. 4. Nor has such ever been the notion of the church. Bergier says, Dict. Theo., Art. Esclava— “That civil liberty became a benefit, only after the establishment of civil society, when man had the protection of law, and the multiplied facilities for subsistence; that, previous to this, absolute freedom would be an injury to a person destitute of flocks, herds, lands, and servants.” “The common possession of all things is said to be of the natural law; because the distinction of possessions and slavery were not introduced by nature, but by reason of man, for the benefit of human life; and thus the law of nature is not changed by their introduction, but an addition is made thereto.” St. Thomas Aquinas, 1, 2, q. 94 a 95 ad 2. And the same father says again, 2, 2 q. 57 a 3 ad 2—“This man is a slave, absolutely speaking, rather a son, not by any natural cause, but by reason of the benefits which are produced; for it is more beneficial to this one to be governed by one who has more wisdom, and the other to be helped by the labour of the former. Hence the state of slavery belongs principally to the law of nations, and to the natural law, only in the second degree, not in the first.” But a man having the natural right to sell himself proves that he has the same right to buy others. The one follows the other. But, suppose the laws of Japan do not permit voluntary slavery for life, or, rather that they have no law on the subject; but that they have a law, that whosoever proves himself to be so degraded that he cannot, or will not sustain himself, but is found loitering, And St. Augustine preached the same doctrine, as long ago as the year 425. See his book, “Of the City of God,” liber xix. cap. 15. He says—“The condition of slavery is justly regarded as imposed on the sinner. Hence, we never read slave (as one having a master) in Scripture before the just Noe, by this word, punished the sin of his son. Sin, not nature, thus introduced the word.” And St. Ambrose, bishop of Milan, A.D. 390, in his book on “Elias and Fasting” c. 5, says—“There would be no slavery to-day had there not been drunkenness.” And so, St. John Chrysostom, bishop of Constantinople, A.D. 400, Hom. 29, in Gen.: “Behold brethren born of the same mother! Sin makes one of them a servant, and, taking away his liberty, lays him under subjection.” The very expression, “Cursed be Canaan, a servant of servants shall he be to his brethren,” most distinctly shows the sentence to have been the consequent of sin, and especially so when compared with the blessing bestowed upon the two brothers, in which they are promised the services of him accursed. Pope Gelesius I., A.D. 491, in his letter to the bishops of the Picene territory, states, “slavery to have been the consequence of sin, and to have been established by human law.” St. Augustine, lib. xix. cap. 16, “On the City of God,” argues at length to show “that the peace and good order of society, as well as religious duty, demand that the wholesome laws of the state regulating the conduct of slaves should be conscientiously observed.” “Slavery is regarded by the church * * * not to be incompatible with the natural law, to be the result of sin by Divine dispensation, to have been established by human legislation; and, when the dominion of the slave is justly acquired by the master, to be lawful, not in the sight of the human tribunal only, but also in the eye of Heaven.” Bishop England, page 24. In cap. 16, “he presents to view the distinction of bodily employment and labour between the son and the slave; but that each are equally under the master’s care; and as it regards the soul, each deserved a like protection, and that therefore the masters were called patres familias, or fathers of households; and shows that they should consult for the eternal welfare of their slaves as a father for his children; and insists upon the weight and obligation of the master to restrain his slaves from vice, and to preserve discipline with strict firmness, but yet with affection; not by verbal correction alone, but, if requisite, corporeal chastisement, not merely for the punishment of delinquency, but for a salutary monition to others.” And he proceeds to show “that these things become a public duty, since the peace of the vicinage depends upon the good order of its families, and that the safety of the state depends upon the peace and discipline of all the vicinage.” This author also shows, from the etymology of the word “servus,” that, according to the law of nations at the time, the conqueror had at his disposal the lives of the captives. If from some cause he forbore to put some of them to death, then such one was servati, or servi, that is, kept from destruction or death, and their lives spared, upon the condition of obedience, and of doing the labours and drudgery of the master.” And we may again inquire whether, when prisoners taken in war, under circumstances attending their capture by which the captor feels himself entitled to put them to death,—it is not a great good to the captured to have their lives spared them, and they permitted to be slaves? The answer will again turn upon the question, whether life is worth any thing upon these terms? And whatever an individual may say, the world will answer like Esther. Thus far slavery is an institution of mercy and in favour of life. M. De Guignes, who traversed China throughout its whole extent, observing with minuteness and philosophical research every thing in relation to its singular race, does not believe slavery existed there until its population had become overloaded, when, as a partial relief from its miseries, they systematically made slaves of portions of their own race. He says, that in ancient times, “it is not believed that there were slaves in China, except those who were taken prisoners in war, or condemned to servitude by the laws. Afterwards, in times of famine, parents were frequently reduced to the necessity of selling their children. This practice, originated in the pressure of necessity, has continued to exist, and even become common. * * * A person may also sell himself as a slave when he has no other means of succouring his father; a young woman, who finds herself destitute, may in like manner be purchased with her own consent. “The prisoners of war are the slaves of the emperor, and generally sent to labour on his land in Tartary. The judges have the power to pass the sentence of slavery on culprits such as are sold at public auction; slaves also who belong to persons whose property is confiscated, are sold to the highest bidder by public outcry.” See work as quoted by Edin. Encyc., Article, “China.” LESSON IV.The titles which divines and canonists have considered to be good and valid for the possession of slaves, are purchase, inheritance, gift, birth, slaves made in war, and sentenced for crime; but, in all cases, the title is vitiated when not sustained by the civil law. Yet the civil law may be repealed, or ameliorated, so that prisoners taken in war or crime may not be subject to death or servitude, in which case the validity of the title follows in the footsteps of the civil law; but these conditions primarily exist, as perpetual as the condition of man. The civil law, by its intervention, merely diverts the action during its rule. But to show that life is of more value than liberty, we need only observe that even with the loss of liberty there is hope—hope of change, of liberty, and of the means of sustaining it; and such hopes have often been realized. There is no truth in the proposition that liberty is of equal value (or rather superior) to life. The doctrine therefore is, that man, in his natural state, is the master of his own liberty, and may dispose of it as he sees proper in favour of life; that he may be deprived of it by force, in consequence of crime, or from his not being able to sustain it; and in all cases where liberty has become of less value than life, and both cannot be sustained, the one may be properly exchanged for the safety of the other. And upon this principle, in those countries where the parent had the right, by their law, to put to death his own children, he also had the right to sell them into slavery; and further, by natural law, where the parent cannot sustain the life of his child, where civil law gives him no power over its life, he yet, in favour of life, may sell him into slavery. Natural law recognises the principle that the child, of right, is subject to the condition of the parent; and in these enfeebled conditions of man, for sake of more certainty, the civil law usually acknowledges the maternal line. It acknowledges the paternal line only when the elevated condition forms a presumption of equal certainty. The Divine law recognises a good title to hold slaves among all people. The Divine grant to hold slaves was not an “especial permit to the Hebrews.” Abimelech gave slaves to Abraham: had his title been bad, Abraham could not have received them. Besides, the Divine law itself instructed the Israelites to buy slaves of the surrounding nations. See Lev. xxv. 44. Can there be a stronger proof of the purity of a title, than this gives of the title by which the “nations round about” held slaves? The same law which permitted the Israelites to buy slaves of the “heathen round about,” also permitted the “heathen round about” to hold slaves, because it acknowledges their title to be good. By an inquiry into the history of these “heathen round about,” their religion, civil condition, their manners and customs, as well as the final state to which they arrived, we may form some idea how a good title to hold slaves and to sell them arose among them; and since the laws of God are everlasting, and always applicable to every case where all the circumstances are similar, we may reasonably conclude that the same race, or any other race, then, or at any other period of time, to whom the same descriptions will apply, will also be found attended with the same facts in regard to slavery. The conclusion therefore is, that from such a people, who have a good right to hold and sell slaves, other people, whose civil laws permit them to do so, may purchase slaves by a good title. It may not then be wholly an idle labour to compare the history and race of these “heathen round about,” with the history, race, and present condition of those African heathen who have from time immemorial held and sold slaves. But it being shown that the Divine sanction to hold slaves, did, at one time, exist, it devolves on them, who deny its religious legality, now to prove that the sanction had been withdrawn. LESSON V.WE proceed to prove, by a variety of documents, that the Church of Christ did, at all times during its early ages, consider the existence of slavery and the holding of slaves compatible with a religious profession and the practice of Christian duties. It is first in order to present the sermons of St. Paul and St. Peter direct upon this subject. Having heretofore quoted them, Upon the crucifixion of Jesus Christ, the mind cannot well conceive how the apostles could have avoided, from time to time, meeting together for the purposes of consultation and agreement among themselves as to the particulars of their future course; and that such was the fact, we have in evidence, Acts i. 15–26, where they did thus meet, and elected Matthias to fill the vacancy in their number. Also, Acts ix. 26–31, where Paul was received by them and sent forth as an apostle; but the book in question only gives us the outlines of what they did. Now, there is found among the ancient records of the church what is called “The Canons of the Apostles,” which, if not actually written by them, is still known to be in conformity with their doctrine, as developed in their own writings and the earliest usages of the church. Among these, the canon lxxxi. is the following: Servos in clerum provehi sine voluntate dominorum, non permittimus, ad eorum qui possident molestiam, domorum enim eversionem talia efficiunt. Siquando autem, etiam dignus servus visus sit, qui ad gradum eligatur, qualis noster quoque Onesimus visus est, et domini concesserint ac liberaverint, et oedibus emiserint, fiat. We do not permit slaves to be raised to clerical rank without the will of their masters, to the injury of their owners. For such conduct produces the upturning of houses. But if, at any time, even a slave may be seen worthy to be raised to that degree, as even our Onesimus was, and the masters shall have granted and given freedom, and have sent them forth from their houses, let it be done. This is the first of a series of similar enactments, and it should be observed that it recognises the principle of the perfect dominion of the master, the injury to his property, and requires the very legal formality by which the slave was liberated and fully emancipated. The slave had the title, without his owner’s consent, to the common rights of religion and the necessary sacraments. In using these, no injury was done to the property of his owner; but he had no claim to those privileges which would diminish his value to the There are eight other books of a remote antiquity, known as “The Constitutions ascribed to the Apostles,” said to be compiled by Pope Clement I., who was a companion of the apostles. It is generally believed that, though Clement might have commenced such a compilation, he did not leave it in the form which it now holds, but, like the Canons of the Apostles, the exhibition of discipline is that of the earliest days. In book iv. ch. 5, enumerating those whose offerings were to be refused by the bishops as unworthy, we have, among thieves and other sinners, (Qui) famulos suos dure accipiunt et tractant; id est, verberibus, aut fame afficiunt, aut crudeli servitute premunt. They who receive and treat their slaves harshly; that is, who whip or famish them, or oppress them with heavy drudgery. There is no crime in having the slave, but cruelty and oppression are criminal. In the same book, ch. 11 regards slaves and masters. De famulis quid amplius dicamus, quam quod servus habeat benevolentiam erga dominum cum timore Dei, quamvis sit impius, quamvis sit improbus, non tamen cum eo religione consentiat. Item dominus servum diligat, et quamvis prÆstet ei, judicet tamen esse Æqualitatem, vel quatenus homo est. Qui autem habet dominum Christianum, salvo dominatu, diligat eum, tum ut dominum, tum ut fidei consortem et ut patrem, non sicut servus ad oculum serviens sed sicut dominum amans, ut qui sciat mercedem famulatÛs sui a Deo sibi solvendam esse. Similiter dominus, qui Christianum famulum habet, salvo famulatu, diligat eum tanquam filium, et tanquam fratrem propter fidei communionem. What further, then, can we say of slaves, than that the servant should have benevolence towards his master, with the fear of God, though he should be impious, though wicked; though he should not even agree with him in religion. In like manner, let the master love his slave, and though he is above him, let him judge him to be his equal at least as a human being. But let him who has a Christian master, having regard to his dominion, love him both as a master, as a companion in the faith, and as a father, not as an eye-servant, but loving his master as one who knows that he will receive the reward of his service to be paid by God. So let the Ne amaro animo jubeas famulo tuo aut ancillÆ eidem Deo confidentibus: ne aliquando gemant adversus te, et irascatur tibi Deus. Et vos servi dominis vestris tanquam Deum reprÆsentantibus subditi estote cum sedulitate et metu, tanquam Domino, et non tanquam hominibus. Do not command your man-servant nor your woman-servant having confidence in the same God, in the bitterness of your soul; lest they at any time lament against you, and God be angry with you. And you servants be subject to your masters, the representatives of God, with care and fear, as to the Lord, and not to men. In the eighth book, ch. 33, is a constitution of SS. Peter and Paul, respecting the days that slaves were to be employed in labour, and those on which they were to rest and to attend to religious duties. Stephen I., who was the pontiff in 253, endeavoured to preserve discipline, and set forth regulations to remedy evils. Accusatores vero et accusationes, quas sÆculi leges non recipiunt, et antecessores nostri prohibuerunt, et nos submovemus. We also reject these accusers and charges which the secular laws do not receive, and which our predecessors have prohibited. Soon after he specifies: Accusator autem vestrorum nullus sit servus aut libertus. Let not your accuser be a slave or a freed person. Thus, in the ancient discipline of the church, as in the secular tribunals, the testimony of slaves was inadmissible. In the year 305, a provincial council was held at Elvira, in the southern part of Spain. The fifth canon of which is— Si qua domina furore zeli accensa flagris verberaverit ancillam suam, ita ut in tertium diem animam cum cruciatu effundat: eo quod incertum sit, voluntate, an casu occiderit, si voluntate post septem annos; si casu, post quinquennii tempora; acta legitima pÆnitentia, ad communionem placuit admitti. Quod si infra tempora constituta fuerit infirmata, accipiat communionem. If any mistress, carried away by great anger, shall have whipped her maid-servant so that she shall within three days die in torture, as it is uncertain whether it may happen by reason of her will or by accident, it is decreed that she may be admitted to communion, having done lawful penance, after seven years, if it happened by her Spanish ladies, at that period, had not yet so far yielded to the benign influence of the gospel, and so far restrained their violence of temper, as to show due mercy to their female slaves. It may be well to observe a beneficial change, not only in public opinion, but even in the court, by reason of the influence of the spirit of Christianity; so that the pagan more than once reproved, by his mercy, the professor of a better faith. Theodoret (l. 9, de GrÆc. cur. aff.) informs us that Plato established the moral and legal innocence of the master who slew his slave. Ulpian, the Roman jurist (l. 2, de his quÆ sunt sui vel alieni jur.) testifies the power which—in imitation of the Greeks—the Roman masters had over the lives of their slaves. The well-known sentence of Pollio upon the unfortunate slave that broke a crystal vase at supper,—that he should be cast as food to fish,—and the interference of Augustus, who was a guest at that supper, give a strong exemplification of the tyranny then in many instances indulged. Antoninus Pius issued a constitution about the year 150, restraining this power, and forbidding a master to put his own slave to death, except in those cases where he would be permitted to slay the slave of another. The cruelty of the Spaniards to their slaves, in the province of Boetica, gave occasion to the constitution; and we have a rescript of Antoninus to Ælius Martianus, the proconsul of Boetica, in the case of the slave of Julius Sabinus, a Spaniard. In this the right of the masters to their slaves is recognised, but the officer is directed to hear their complaints of cruelty, starvation, and oppressive labour; to protect them, and, if the complaints be founded in truth, not to allow their return to the master; and to insist on the observance of the constitution. Caius (in l. 2, ad Cornel. de sicar.) states that the cause should be proved in presence of judges before the master could pronounce his sentence. Spartianus, the biographer, informs us that the Emperor Adrian, the immediate predecessor of Antoninus, enacted a law forbidding masters to kill their slaves, unless legally convicted. And Ulpian relates that Adrian placed, during five years, in confinement (relegatio) Umbricia, a lady of noble rank, because, for very slight causes, she treated her female slaves most cruelly. But Constantine the Great, about the year 320, enacted that no master should, under penalty due to homicide, put his slave to As Christianity made progress, the unnatural severity with which this class of human beings was treated became relaxed, and as the civil law ameliorated their condition, the canon law, by its spiritual efficacy, came in with the aid of religion, to secure that, the followers of the Saviour should give full force to the merciful provisions that were introduced. The principle which St. Augustine laid down was that observed. The state was to enact the laws regulating this species of property; the church was to plead for morality and to exhort to practise mercy. About the same time, St. Peter, archbishop of Alexandria, drew up a number of penitential canons, pointing out the manner of receiving, treating, and reconciling the “lapsed,” or those who, through fear of persecution, fell from the profession of the faith. Those canons were held in high repute, and were generally adopted by the eastern bishops. The sixth of those canons exhibits to us a device of weak Christians, who desired to escape the trials of martyrdom, without being guilty of actual apostasy. A person of this sort procured that one of his slaves should personate him, and in his name should apostatize. The canon prescribes for such a slave, who necessarily was a Christian and a slave of a Christian, but one-third of the time required of a free person, in a mitigated penance, taking into account the influence of fear of the master, which, though it did not excuse, yet it diminished the guilt of the apostasy. The general council of Nice, in Bythinia, was held in the year 325, when Constantine was emperor. In the first canon of this council, according to the usual Greek and Latin copies, there is a provision for admitting slaves, as well as free persons who have been injured by others, to holy orders. In the Arabic copy, the condition is specially expressed, which is not found in the Greek or Latin, but which had been previously well known and universally established, “that this should not take place unless the slave had been manumitted by his master.” About this period, also, several of the Gnostic and Manichean errors prevailed extensively in Asia Minor. The fanatics denied the lawfulness of marriage; they forbid meat to be eaten; they Osius, bishop of Cordova, whom Pope Sylvester sent as his legate into the east, and who presided in the council of Nice, was present when several bishops assembled in the city of GangrÆ, Paphlagonia, to correct those errors. Pope Symmachus declared, in a council held in Rome, about the year 500, that Osius confirmed, by the authority of the pope, the acts of this council. The decrees have been admitted into the body of canon law, and have always been regarded as a rule of conduct in the Catholic church. The third canon: Si quis docet servum, pietatis prÆtextu, dominum contemnere, et a ministerio recedere, et non cum benevolentia et omni honore domino suo inservire. Anathema sit. If any one, under the pretence of piety, teaches a slave to despise his master, and to withdraw from his service, and not to serve his master with good-will and all respect. Let him be anathema. Let him be anathema is never appended to any decree which does not contain the expression of unchangeable doctrine respecting belief or morality, and indicates that the doctrine has been revealed by God. It is precisely what St. Paul says in Gal. i. 8: “But though we, or an angel from heaven, preach a gospel to you beside that which we have preached to you, let him be anathema.” 9: “As we said before to you, so I say now again: If any man preach to you a gospel besides that which you have received; let him be anathema.” It is therefore manifest, that although this council of GangrÆ was a particular one, yet the universal reception of this third canon, with its anathema, and its recognition in the Roman council by Pope Symmachus, gives it the greatest authority and in Labbe it is further entitled as approved by Leo IV., about the year 850, dist. 20, C. de libell. Several councils were held in Africa in the third and fourth centuries, in Carthage, in Milevi, and in Hippo. About the year 422, the first of Pope Celestine I., one was held under Aurelius, archbishop of Carthage, and in which St. Augustine sat as bishop The great St. Basil was born in 329, and died in 379. His works, called “Canonical,” contain a great number of those which were the rules of discipline, not only for Asia Minor, but for the vast regions in its vicinity. The fortieth canon regards the marriages of female slaves. In this he mentions a discipline which was not general, but was peculiar to the north-eastern provinces of the church, requiring the consent of the master to the validity of the marriage-contract of a female slave: this was not required in other places, as is abundantly testified by several documents. The forty-second canon treats in like manner of the marriages of children without their parents’ consent, and generally of those of all slaves without the consent of the owner. LESSON VI.It may not be improper now to take a more particular view of the civil world, its condition, and of those wars at the instance of which it had been, and then was, flooded with slaves. As an example, we select the middle of the fifth century: Attila, to whom the Romans gave the sobriquet, “Flagellum Dei,” Scourge of God, was driven by Ætius out of Gaul in the year 451; and the following year, pouring his wild hordes down upon Italy, conquered Aquillia, Pavia, Milan, and a great number of small cities, and was in the attitude of marching on Rome. The Emperor Valentinian III., who was a weak prince, panic-struck, shut himself up in Ravenna; and his general, Ætius, who had been so victorious in Gaul, partook of the general fear when invaded at home. The destruction of Rome and its imperial power, the slaughter and slavery of the Roman people, and the extinction of the church appeared probable. Under such a state The terms proposed were readily accepted, and Attila and his army, a tornado fraught with moral and physical ruin to Rome, the church, and the civilized world, silently sank away far behind the Danube. Nor is it strange that the great success of this embassy should have been attributed to some intervention of miraculous power during the dark ages that followed;—and hence we find that, four hundred years after, in one of Gruter’s copies of “The Historica Miscella,” it is stated that St. Peter and St. Paul stood, visible alone to Attila, on either side of Leo, brandishing a sword, commanding him to accept whatever Leo should offer; and this is quoted as credible history by Barronius, ad ann. 452, no. 47–59, and has been painted by Raffaele, at a much later period. The idea was perhaps poetical, and this piece alone would have immortalized the artist. But it is truly singular that this appearance of Peter and Paul should have gained a place in the Roman Breviary, especially as it is nowhere alluded to by Leo, nor by his secretary, Prosper, who was present at that treaty, nor by any contemporary whatever. The facts attached to Attila, in connection with this treaty, were:—His army was extremely destitute, and a contagious and very mortal disease was raging in his camp; in addition to which, Marcian had gathered a large army, then under march for Italy, to join the imperial forces under Ætius, while, at the same moment, another army, sent by Marcian long before, were then ravaging the country of the Huns themselves: of these facts Attila was well advised. These were the agencies that operated on his mind in favour of peace with Valentinian. To us the idea seems puerile to suppose Jehovah sending Peter and Paul, sword in hand, to frighten his Hunnish majesty from making slaves of the Roman people. Would it not be more consonant with the general acts of his providence to point Attila to his diseased army; to their consequent But, we acknowledge the intervening influences of the Divine will, in this case, as forcibly as it could be urged, even if attended with all the particulars and extravagancies of the poetic painter’s fancy. We have alluded to this particle of the history of that day, as it stands upon the records, in order that, while we quote, we may not be misunderstood as to our view of the providences of God. But to return to our subject:—Upon a review of these times, we may notice the distractions of the church by means of the various heresies which imbittered against each other the different professions of the Christian faith. How the followers of Arius, for more than half a century, spread confusion and violence over the entire Christian world:—How, crushed and driven out by Theodosius, thousands took shelter among the pagans, whose movements they stimulated, and whom we now perceive in progress of the gradual overthrow of the Roman Empire:—How, upon the partial or more general successes of these hordes, their Arian confederates, with a fresh memory of their late oppressions and the cruelties inflicted on them, retaliated with unsparing severity and bloodshed upon their Nicene opponents; while, among all these savage invaders, the Arian creed supplanted and succeeded the pagan worship:—How this wild Attila swept the banks of the Danube and the Rhine, carrying death or desolation to the followers of Pharamond, and to the Goths, who had then already established themselves in the strongholds of ancient Gaul and of the more modern Romans. True, his career was checked on the banks of the Rhone, but, like a hunted lion, he rushed towards the Mediterranean, and, recruiting his force in Pannonia, directed his march to Italy; and to-day, after fourteen centuries, it is said that Aquillia still stands the monument of his barbarity. We have this moment noticed the extraordinary manner in which, it is said, by the monition of Leo, his path of ruin was suddenly directed to the ice-bound fortresses of the north. But the captives made on both sides, in these desolating wars, greatly increased the number of slaves of the white Up to this time in these regions, and, as we shall see, to a much later time, slavery was the result of that mercy in the victor, whereby he spared the life of the conquered enemy. Its condition did not depend on any previous condition of degradation, of freedom or slavery, nor upon the race or colour of the captive,—and the wars, for ages, which had been and were so productive of slavery, were almost exclusively among those who, in common, claimed a Caucasian origin. Instances of African slavery were rare. The Romans derived some few from their African wars, valued mostly by pride, because they were the most rare. Thus we read in the Life of Nero, by Tacitus:—“Nero never travelled with less than a thousand baggage-wagons; the mules all shod with silver, and the drivers dressed in scarlet; his African slaves adorned with bracelets on their arms, and the horses decorated with the richest trappings.” But these times had passed away. Yet we find in the Life of Alphonso el Casto, that, upon his conquest of Lisbon, 798, he sent seven Moorish slaves as a present to Charlemagne. And also, in Bower’s “Lives of the Popes,” that in 849, “A company of Moors, from Africa, rendezvoused at Tozar, in Sardinia, and thence made an incursion, by the Tiber, on Rome. But they were mostly lost in a storm before landing. Of those who got on shore, some were killed. in battle, some were hanged, and a large number were brought to Rome and reduced to slavery.” Yet the great mass of slaves were of the same race and colour of their masters; and at this age, a most important fact with the Christian, if they were pagans, was their conversion to Christianity. For the first three hundred years, we may notice how Christianity had threaded her way amidst the troublous and barbarous paganisms of that age. But, at the time to which we have arrived, Christianity had ruled the civilized world for more than a century. And had Providence seen fit to have attended her future path with peace, human sympathy might have fondly hoped that the mild spirit of her religion would have been poured in ameliorating, purifying streams upon the condition and soul of the slave, and like a dissolving oil on the chains that bound him. We present a series of records and documents which elucidate the practice and doctrine of the church in regard to slavery, as we find it in that age. These records are mostly extracts from Bishop England’s Letters, and collated by him with accuracy. Some few, from Bower, Bede, Lingard, and others, will be noticed in their place. It should be remembered that, in all cases where the contrary is not explicitly announced, the slave is of the same colour and race as the master. At this era of the world, slaves were too common, and their value too little, to warrant the expense of a distant importation. The negro slave, from his exhibiting an extreme variety of the human species, was regarded more as an article of curiosity and pride than usefulness; and therefore was seldom or never found in Europe, except near the royal palaces, or in the trains of emperors. As early as the days of Polycarp and St. Ignatius, who were disciples of the apostles, Christians had, from motives of mercy, charity, and affection, manumitted many of their slaves in presence of the bishops, and this was more or less extensively practised through the succeeding period. In several churches, it was agreed that if a slave became a Christian, he should be manumitted on receiving baptism. In Rome, the slave was frequently manumitted by the form called vindicta, with the prÆtor’s rod. Constantine, in the year 317, Sozomen relates, lib. i. c. 9, transferred this authority to the bishops, who were empowered to use the rod in the church, and have the manumission testified in the presence of the congregation. A rescript of that emperor to this effect is found in the Theodosian code, 1. i. c. De his qui in eccl. manumitt. The master, who consented to manumit the slave, presented him to the bishop, in presence of the congregation, and the bishop pronounced him free, and became the guardian of his freedom. The rescript was directed to Protogenas, bishop of Sardica, and was in the consulship of Sabinus and Ruffinus. In book ii. of the same code, is a rescript to Osius, bishop of Cordova, in which the emperor empowers the bishops to grant the In the consulship of Crispus and Constantine, a grant was given to the clergy of manumitting their own slaves when they pleased, by any form they should think proper. About a century later, St. Augustine, bishop of Hippo, informs us (Sermo. de diversis, 50) that this form was established in Africa. “The deacon of Hippo is a poor man: he has nothing to give to any person: but, before he was a clergyman, he, by the fruit of his labour and industry, bought some little servants, and is to-day, by the episcopal act, about to manumit them in your sight.” This same bishop writes, (Enarrat in Ps. cxxiv.,) “Christ does not wish to make you proud while you walk in this journey, that is, while you are in this life. Has it happened that you have been made a Christian, and you have a man as your master: you have not been made a Christian that you may scorn to serve. When, therefore, by the command of Christ you are the servant of a man, your service is not to him, but to the one that gave you the command to serve. And he says, Hear your masters, according to the flesh, with fear and trembling, and in the simplicity of your hearts, not as eye-servants, as if pleasing men, but, as the servants of Christ, doing the will of God, from your hearts, with a good will. Behold, he did not liberate you from being servants, but he made those who were bad servants to be good servants. Oh, how much do the rich owe to Christ who has thus set order in their houses! So, if there be in his family a faithless slave, and Christ convert him, he does not say to him, Leave your master, because you have now known him who is the true Master! Perhaps this master of yours is impious and unjust, and that you are faithful and just; it is unbecoming that the just and faithful should serve the unjust and the infidel: this is not what he said; but, let him rather serve.” This great doctor of the church continues at considerable length to show how Christ, by his own example, exhorts the servants to fidelity and obedience to their masters in every thing, save what is contrary to God’s service. Subsequently, he passes to the end of time, and the opening of eternity, and shows many good, obedient, and afflicted servants mingled with good masters among the elect, and bad, faithless, and stubborn servants, with cruel masters, cast among the reprobates. In his book i., on the Sermon of Christ on the Mount, he dwells upon the duty of Christian masters to their slaves. They are not Thus we perceive that, though from the encouragement of manumission and the spirit of Christianity, the number of slaves had been greatly reduced and their situation greatly improved, still the principles were recognised of the moral and religious legality of holding slave property, and of requiring that they should perform a reasonable service. The instances of voluntary slavery, such as that of St. Paulinus, were not rare. It is related, that having bestowed all that he could raise, to ransom prisoners taken by the barbarians who overran the country; upon the application of a poor widow whose son was held in captivity, he sold himself, to procure the means of her son’s release. His good conduct procured the affection of his master, and subsequently his emancipation. Thus slavery lost some of its degrading character. This, together with the confusion arising from the turbulence accompanying the invasions, caused a relaxation of discipline: to remedy some of the abuses, Pope Leo issued several letters. The following is an extract from the first of them: it has been taken into the body of the canon law. Dist. 5, Admittuntur:— “Admittuntur passim ad ordinem sacrum, quibus nulla natalium, nulla morum dignitas suffragatur: et qui a dominis suis libertatem consequi minime potuerunt, ad fastigium sacerdotii, tanquam servilis vilitas hunc honorem jure capiat, provehuntur, et probari Deo se posse creditur, qui domino suo necdum probare se potuit. Duplex itaque in hac parte reatus est, quod et sacrum mysterium (ministerium) talis consortii vilitate polluitur, et dominorum, quantum ad illicitÆ usurpationis temeritatem pertinet, jura solvuntur. Ab his itaque, fratres carissimi, omnes provinciÆ vestrÆ abstineant sacerdotes: et non tantum ab his, sed ab illis etiam, qui aut originali aut alicui conditioni obligati sunt, volumus temperari: nisi forte corum petitio aut voluntas accesserit, qui aliquid sibi in eos vindicant potestatis. Debet enim esse immunis ab aliis, qui divinÆ militiÆ fuerit aggregandus; ut a castris Dominicis, quibus nomen ejus adscribitur, nullis necessitatis vinculis abstrahatur.” Persons who have not the qualifications of birth or conduct, are everywhere admitted to holy orders; and they who could not procure freedom from their masters are elevated to the rank of the priesthood; as if the lowliness of slavery could rightfully claim this honour: and, as if he who could not procure the approbation of Prosper, lib. 2 de vit contemplat. c. 3, and many other writers of this century, treat of the relative duties of the Christian master and his Christian slave. The zeal and charity of several holy men led them to make extraordinary sacrifices during this period, to redeem the captives from the barbarians: besides the remarkable instance of Paulinus, we have the ardent and persevering charity of Exuperius, bishop of Toulouse, who sold the plate belonging to the church, and used glass for the chalice, that he might be able by every species of economy to procure liberty for the enslaved. Nor was this a solitary instance. About the year 513, Pope Symmachus called a national council, by which, among other enactments, he established the rule that under no circumstances, could the church property be alienated. See Bower, vol. ii. p. 277. About the year 535, CÆsarius, primate of Arles, applied to Pope Agapetus for means to relieve the poor Christians in Gaul. But, at that time, the church being quite destitute of money, the pope excused himself, and quoted the decree of Symmachus. The Arians, and some others, hence inculcated the doctrine that the alienation of church property, under any circumstances, was sacrilege. The laws of the empire also forbid such alienation, but with the proviso, “except there was no other means by which the poor could be relieved in time of famine, nor the captives be redeemed from slavery.” Such was the practice among the most pious of the age. St. Ambrose did not scruple to melt down the communion-plate of the church of Milan to redeem some captives, who otherwise must have continued in slavery. The Arians charged him with sacrilege: in answer to which he wrote his Apology, which has The saint concludes that though it would be highly criminal for a man to convert the sacred vessels to his own private use, yet it is so far from being a crime, that he looks upon it as an obligation incumbent on him and his brethren to prefer the living temples of God to the unnecessary ornaments of the material edifices. See Ambrose de Offic. lib. ii. cap. 28; and such was the doctrine of St. Austin, see Possid. Vit. Aug. caput 24; of Acacius of Amida, see Socrat. lib. vii. c. 24; of Deigratias of Carthage, see Vict. de Persec. Vandal, lib. i.; of Cyril of Jerusalem, see Theodoret, lib. ii. c. 27; yea all, who have touched on the subject, have subscribed to the doctrine of St. Ambrose. Even the Emperor Justinian, in his law against sacrilege, forbids the church plate, vestments, or any other gifts, to be sold, or pawned; but adds, “except in case of captivity or famine, the lives and souls of men being preferable to any vessels or vestments whatever.” See Codex Just. lib. i. tit. 2. de Sacr. Eccles. leg. 21; also see Bower’s Life of Agapetus, p. 354. It will be readily conceived that the barbarians, in the earlier ages of the Christian church, treated their slaves with cruelty, inconsistent with the spirit of the new religion; and, upon their adoption of the Christian creed, they sometimes ran into an opposite extreme, contrary to the rules of the church. In both cases the church used her authority, and, says Bishop England, upon their embrace of Christianity, “slavery began to assume a variety The rules of the Christian church are evidently founded upon the laws of God, as delivered to Moses: “And if a man smite his servant, or his maid, with a rod, and he die under his hand, he shall be surely punished. Notwithstanding, if he continue a day or two, he shall not be punished: for he is his money.” “If a man smite the eye of his servant, or the eye of his maid, that it perish, he shall let him go free for his eye’s sake. And if he smite his man-servant’s tooth, or his maid-servant’s tooth, he shall let him go for his tooth’s sake.” Exod. xxi. 20, 21, 26, 27. And if a man took his female slave to wife, and became displeased with her * * * she should be free. See Deut. xxi. 10–15. But fornication in a female slave was not punished by death, but by stripes. See Lev. xix. 20–23. Neither the laws of Moses, nor indeed of any civilized people, have ever permitted unusual or cruel punishments to be inflicted on the slave. Civilization, as well as Judaism, seems to have inculcated, “Be not excessive toward any; and without discretion do nothing. If thou have a servant, let him be unto thee as thyself, because thou hast bought him with a price.” Eccl. xxxiii. 29. Among heathen nations, their laws were to the effect, that when the slave, sick or wounded, was neglected, or abandoned to his fate by his master; yet, if he recovered, the master should lose his property in such slave, and the slave should be free; and such neglect was often otherwise made punishable. The Roman law sanctioned this doctrine: “Si verberatus fuerit servus non mortifere, negligentia autem perierit, de vulnerato actio erit, non de occiso.” See Lex Aquillia. And so in ancient France, see Foedere, vol. iii. p. 290: If negligence or bad treatment towards the slave was proved in the master, the slave was declared free. At this day, in all civilized countries, the civil law forbids unusual and cruel punishment of slaves, and also a wanton and careless negligence of them, either in sickness or health. Thus the law punishes the master for his neglect to govern his slaves, by making him responsible for their bad conduct, and the damage their want of proper government may occasion others. In the year 494, Pope Gelesius admonished the bishops, at their ordinations, that— “Ne unquam ordinationes prÆsumat illicitas; ne * * * curÆ That he should never presume to hold unlawful ordinations; that he should not allow to holy orders * * * any person bound to the service of the court, or liable to bond for his condition (slavery) or marked thereto. In the year 506, a council was held at Agdle, the sixty-second canon of which is— “Si quis servum proprium sine conscientiÂ, judicis occiderit, excommunicatione vel poenitentia biennii reatum sanguinis emendabit.” If any one shall put his own servant to death, without the knowledge of the judge, let him make compensation for the guilt of blood by excommunication or two years’ penance. Another council was held eleven years later. Many of the canons of this synod are transcripts of those of Agdle. The thirty-fourth is: “Si quis servum proprium sine conscientiÂ, judicis occiderit, excommunicatione biennii effusionem sanguinis expiabit.” If any one shall slay his own servant without the knowledge of the judge, let him expiate the shedding of blood by an excommunication of two years. This was nearly two hundred years after the law of Constantine forbidding this exercise of power by the master. The third council of Orleans was held in the year 538. The thirteenth canon regulates, that if Christian slaves shall be possessed by Jews, and these latter require them to do any thing forbidden by the Christian religion, or if the Jews shall seize upon any of their servants to whip or punish them for those things that have been declared to be excusable or forgiven, and those slaves fly to the church for protection, they are not to be given up, unless there be given and received a just and sufficient sum to warrant their protection. The canon xxvi. gives a specimen of the early feudalism nearly similar to the subsequent villain service. “Ut nullus servilibus colonariisque conditionibus obligatus, juxta statuta sedis apostolicÆ, ad honores ecclesiasticos admittatur; nisi prius aut testamento, aut per tabulas legitime constiterit absolutum. Quod si quis episcoporum, ejus qui ordinatur conditionem sciens, transgredi per ordinationem inhibitam fortasse voluerit, anni spatio missas facere non prÆsumat.” The colonial condition was in its origin different from the mere servile. The mancipium or manu captum was the servus or slave made in war: the colonus, or husbandman, though, at the period at which we are arrived, he frequently was in as abject a condition, yet was so by a different process. St. Augustine, in cap. i. lib. x. De Civitate Dei, tells us, “Coloni dicuntur, qui conditionem debebant genitali solo propter agriculturam sub dominio possessorum.” They are called colonists who owe their condition to their native land, under the dominion of its possessors. The following history of various modes by which they became servants, is taken from the work De Gubernat. Dei, lib. v., by the good and erudite Salvianus, a priest, who died at Marseilles, about the year 484. Nonnulli eorum de quibus loquimur, * * * cum domicilia atque agellos suos pervasionibus perdunt, aut fatigati ab exactoribus deserunt, quia tenere non possunt, fundos majorum expetunt, et coloni divitum fiunt. Aut sicut solent hi qui hostium terrore compulsi, ad castella se conferunt, aut qui perdito ingenuÆ incolumitatis statu ad asylum aliquod desperatione confugiunt: ita et isti qui habere amplius vel sedem vel dignitatem suorum natalium non queunt, jugo se inquilinÆ abjectionis addicunt: in hanc necessitatem redacti, ut exactores non facultatis tantum, set etiam conditionis suÆ, atque exultantes non a rebus tantum suis, sed etiam a seipsis, ac perdentes secum omnia sua, et rerum proprietate careant, et jus libertatis amittant. * * * Illud gravius et acerbius, quod additur huic malo servilius malum. Nam suscipiuntur advenÆ, fiunt prÆjudicio habitationis indigenÆ, et quos suscipiunt ut extraneos et alienos, incipiunt habere quasi proprios: quos esse constat ingenuos, vertunt in servos. Some of those, when they lose their dwellings and their little fields by invasion, or leave them, being worried by exactions, as they can no longer hold them, seek the grounds of the larger proprietors, and become the colonists of the wealthy. Or, as is usual with those who are driven off by the fear of enemies, and take refuge in the castles, In this picture of the colonist, we may find the outline of the villain of a later age; and in the several enactments and regulations of succeeding legislators and councils, we shall discover the changes which servitude underwent previous to its total extinction in Europe. Flodoardin, c. 28, History of the church of Rheims, gives us the will of St. Remi, its bishop, who baptized Clovis, upon his conversion in 496, and who was still living in the year 550. This document grants freedom to some of the colonists belonging to that church and retains others in service. Du Cange says (Art. Colonus) that though in several instances the condition of the colonists was as abject as that of slaves, yet generally they were in a better position. Erant igitur coloni mediÆ conditionis inter ingenuos seu liberos et servos. LESSON VIII.From the fact that the slaves of this era were of the same colour and other physical qualities of their masters; from their great number, and consequently little value, their condition became attended with extremely diverse circumstances; so various were, therefore, the relations between them and the master, that it would now be impossible, perhaps, to give an accurate history of their various castes. These facts should be kept in mind, lest we mistake, and find confusion, where distinction was sufficiently clear and obvious. Noi non sappiamo se con patti, e con quai patti una vulta si manomettessero que’ Servi, che poi continuavano come Liberti a servire in Casa de’ loro Padroni, con essere alzati a piu onorati impieghi. Sappiamo bensi dal Tit. ne Operis Libertorum, e dall’ altro de bonis Libertorum ne’ Digesti, che moltissimi acquistavano la Liberta con obbligarsi di fare ai Padroni de’ Regaii, o delle Fatture, se erano Artefici, Operas, vel Donum. Questo si praticava verisimilmente dai soli Mercatanti, ed altri Signori dati all’ interarse, ma non gia dalle Nobili Case. Per conto di questo, le antiche Iscrizioni ci fanno vedere, che moltissimi furono coloro, che anche dopo la conseguita Liberta seguitavano a convivere, e servire in quelle medesime Case, non piu come Servi, ma come Liberti, perche probabilmente tornava il conto agli uni e agli altri. I Padroni si servivano di Persone loro confidenti, e gia innestate nella propria Famiglia; ei Liberti cresciuti di onore, e di guadagno poteano cumulare roba per se e per li Figli. Non ho io potuto scoprire se i Romani tenessero Servi Mercenarj come oggidi. O di veri Servi, o di Liberti allora si servivano. Cio posto, maraviglia e, che il Pignoria, in trattando degli Ufizj de’ Servi antichi, imbrogliasse tanto le carte, senza distinguere i Servi dai Liberti, e con attribuir molti impieghi ai primi, che pure erano riserbati agli ultimi. E piu da stupire e, citarsi da lui Marmi, che parlano di Liberti, e pure sono presi da esso, come se parlassero di Servi. We know not whether they manumitted upon condition, or, if so, upon what conditions they manumitted formerly those servants who continued thenceforth as freed persons, but elevated to more honourable employments, to serve in the houses of their masters. We do indeed know in the Tit. de Operis Libertorum, and in another de bonis Libertorum of the Digests, that very many acquired their liberty with the obligation of giving to their masters presents, or doing work if they were artists, Operas vel donum. This was in all likelihood practised only by merchants or other masters given to making profit, but not by noble houses. As to these the ancient inscriptions exhibit to us that very many who obtained their freedom, yet continued to live and to do service in those same houses, no longer as slaves, but as freed persons, because It is clear that even in the days of the Emperor Claudius, to whose reign, A.D. 45, the marble of which he treats refers, and probably long before that period, many of the freedmen of the Roman empire were bound to do certain services for the patrons who had been their masters, and that this obligation descended to their progeny. Hence this would still be a species of servitude. The barbarians who overran the empire came chiefly from Scythia and Germany, as that vast region was then called which stretches from the Alps to the Northern Ocean. When they settled in the conquered provinces of Gaul and in Italy, they introduced many of their customs as well of government as of policy. Most of their slaves were what the writers of the second, third, and fourth centuries describe as coloni and conditionibus obligati. As Tacitus describes, in xxv. De Moribus Germanorum: “The slaves in general are not arranged at their several employments in the household affairs, as is the practice at Rome. Each has his separate habitation, and his own establishment to manage. The master considers him as an agrarian dependant, who is obliged to furnish a certain quantity of grain, cattle, or wearing-apparel. The slave obeys, and the state of servitude extends no further. All domestic affairs are managed by the master’s wife and children. To punish a slave with stripes; to load him with chains, or condemn him to hard labour, is unusual. It is true that slaves are sometimes put to death, not under colour of justice, or of any authority vested in the master; but in a transport of passion, in a fit of rage, as is often the case in a sudden affray but it is also true that this species of homicide passes with impunity. At all ages, slaves who belonged to the absolute monarch, sometimes became elevated above the native nobility: witness the case of Joseph in Egypt; of Ebed Melech, who was black, in Judea; of Haman, also a black, an Amalekite; of Mordecai, his successor; of Esther the queen; of Daniel the prophet, and Felix, governor of Judea, a Greek slave to the Roman emperor. But such things can never occur in a republic. To a political misfortune of this kind the prophet alludes—“Servants (slaves) have ruled over us”—than which nothing can be more expressive of the loss of liberty. In the appendix to the Theodosian code, Const. 5, we read— Inverecund arte defendetur, si hi ad conditionem vel originem reposcuntur, quibus tempore famis, cum in mortem penuria cogerentur, opitulari non potuit dominus aut patronus. It is forbidden as a shameless trick, that an effort should be made to regain to their condition or original state, those whom the master, or patron could not aid, when, in a period of famine, they were pressed nearly to death by want. This exhibits the obligation on the patron of the person under condition, and on the master of the slave, to support them, and the destruction of their title by the neglect of their duty. Muratori observes, that in process of time, the special agreements and particular enactments regarding the conditions, gave such a variety as baffled all attempts at classification and precision. At a much earlier period, slaves had become a drug in the Italian market. When, about the year 405, Rhadagasius, the Goth, was leading upwards of three hundred thousand of his barbarians into Italy, the Emperor Honorius ordered the slaves to be armed for the defence of the country, by which arming they generally obtained their freedom; Stilichon, the consul, slew nearly one hundred and fifty thousand of the invaders in the vicinity of Florence, and made prisoners of the remainder, who were sold as slaves at the low price of one piece of gold for each. In the year 541, the fourth council of Orleans was celebrated, in the thirtieth year of King Childebert. The ninth canon:—Ut episcopus, qui de facultate propria ecclesiÆ nihil relinquit, de ecclesiÆ facultate si quid aliter quam canones eloquuntur obligaverit, vendiderit aut distraxerit, ad ecclesiam revocetur, (ab ecclesia, in other editions.) Sane si de servis ecclesiÆ libertos fecit numero competenti, in ingenuitate permaneant, ita ut ab officio ecclesiÆ non recedant. Be it enacted, That a bishop who has left none of his private property to the church shall not dispose of any of the church property, otherwise than as the canons point out. Should he bind or sell or separate any thing otherwise, let it be recalled for the church. But if, indeed, he has made freemen of slaves of the church to a reasonable number, let them continue in their freedom, but with the obligation of not departing from the duty of the church. The canon xxii. of the same council is— Ut servis ecclesiÆ, vel sacerdotum, prÆdas et captivitates exercere non liceat; qui iniquum est, ut quorum domini redemptionis prÆstare solent suffragium, per servorum excessum disciplina ecclesiastica maculetur. That it be not lawful for the slaves of the church, or of the priests, to go on predatory excursions or to make captives, for it is unjust that when the masters are accustomed to aid in redeeming, the discipline of the church should be disgraced by the misconduct of the slaves. In Judaism, God had established a limited sanctuary for slaves and for certain malefactors, not to encourage crime, but to protect against the fury of passion, and to give some sort of aid to the The xxixth canon was— QuÆcumque mancipia sub specie conjugii ad ecclesiÆ septa confugerint, ut per hoc credant posse fieri conjugium, minime eis licentia tribuatur, nec talis conjunctio a clericis defensetur: quia probatum est, ut sine legitim traditione conjuncti, pro religionis ordine, statuto tempore ab EcclesiÆ communione suspendantur, ne in sacris locis turpi concubitu misceantur. De qu re decernimus, ut parentibus aut propriis dominis, prout ratio poscit personarum, accept fide excusati sub separationis promissione reddantur: postmodum tamen parentibus atque dominis libertate concessÂ, si eos voluerint propri voluntate conjungere. Let not those slaves who, under pretext of marriage, take refuge within the precincts of the church, imagining that by this they would make a marriage, be allowed to do so, nor let such union be countenanced by the clergy: for it has been regulated that they who form an union, without lawful delivery, should be, for the good order of religion, separated for a fixed period from the communion of the church, so that this vile connection may be prevented in holy places. Wherefore we decree, that such persons, being declared free from the bond of any plighted faith and made to promise a separation, should be restored to their parents or owners, as the case may require; to be, however, subsequently, if the parents or owners should grant leave, married with their own free consent. As we have seen in some parts of the East at an earlier period, now in this portion of the West, the slaves were made incapable of entering into the marriage-contract without the owner’s consent. In this same council, canon xxx., provision is made for affording to the Christians, who are held as slaves by the Jews, not only sanctuary of the church, but in the house of any Christian, until a fair price shall be stipulated for and paid to the Jewish owner, if the Christian be unwilling to return to his service. This is a clear recognition of the right of property in slaves. Canon xxxi. of this council provides, that “if any Jew shall bring a slave to be a proselyte to his religion, or make a Jew of a Christian slave, or take as his companion a Christian female slave, or induce a slave born of Christian parents to become a Jew under Canon xxxii. provides, that the “descendants of a slave, wherever they may be, even after a long lapse of time, though there should be neglect, if found upon the land or possession upon which their parents were placed, shall be held to the original conditions established by the deceased proprietor for the deceased parents, and the priest of the place shall aid in enforcing the fulfilment, and any persons who shall through avarice interpose obstacles, shall be placed under church censures.” The doctrine and discipline of the church of the Franks were like that of other churches in the several regions of Christendom at this period. A fifth council was held at Orleans, in the year 549, the thirty-eighth of King Childebert. The sixth canon of this council relates to the improper ordination of slaves, and also exhibits distinctly the freedmen under condition, classing them in the same category with slaves. Canon vi. Ut servum, qui libertatem a dominis propriis non acceperit, aut etiam jam libertum, nullus episcoporum absque ejus tantum voluntate, cujus aut servus est, aut eum absolvisse dignoscitur, clericum audeat ordinare. Quod si quisquam fecerit, si qui ordinatus est a domino revocetur, et ille qui est collator ordinis, si sciens fecisse probatur, sex mensibus missas tantum facere non prÆsumat. Si vero sÆcularium servus esse convincitur, ei qui ordinatus est benedictione servatÂ, honestum ordini domino suo impendat obsequium. Quod si sÆcularis dominus amplius eum voluerit inclinare, ut sacro ordini inferre videatur injuriam, duos servos sicut antiqui canones habent, episcopus qui eum ordinavit domino sÆculari restituat; et episcopus eum quem ordinavit ad ecclesiam suam revocandi habeat potestatem. That no bishop shall dare to ordain as a clergyman, the slave who shall not have received licence from his proper owners, or a person already freed, without the permission of either the person whose servant he is, or of the person who is known to have freed him. And if any one shall do so, let him who is ordained be recalled by his master, and let him who conferred the order, if it be proved that he did so knowing the state of the person, not presume The canon regards manumission, and the protection of those properly liberated from slavery, against the injustice of persons who disregarded the legal absolution from service. Canon xii. Et quia plurimorum suggestione comperimus, eos qui in ecclesiis juxta patrioticam consuetudinem a servitio fuerint absoluti, pro libito quorumcumque iterum ad servitium revocari, impium esse tractavimus, ut quod in ecclesia Dei consideratione a vinculo servitutis absolvitur, irritum habeatur. Ideo pietatis causÂ, communi consilio placuit observandum, ut quÆcumque mancipia ab ingenuis dominis servitute laxantur, in e libertate maneant, quam tunc a dominis perceperunt. Hujusmodi quoque libertas si a quocumque pulsata fuerit, cum justiti ab ecclesiis defendatur, prÆter eas culpas pro quibus leges collatas servis revocare jusserunt libertates. And since we have discovered by information from several, that they who, according to the custom of the country, were absolved from slavery in the churches, were again, at the will of some persons, reduced to slavery; we have regarded it to be an impiety; that what has by a judicial decree been absolved from servitude in the church of God, should be set at nought. Wherefore, through motives of piety, it is decreed by common counsel to be henceforth observed, that whatever slaves are freed from servitude by free masters are to remain in that freedom which they then received from the masters; and should this liberty of theirs be assailed by any person, it shall be defended within the limits of justice by the churches, saving where there are crimes for which the laws have enacted that the liberty granted to servants shall be recalled. It is quite evident, from Exodus xii. 44, that the Israelites, who were themselves slaves in Egypt, also themselves possessed slaves. Also from Nehemiah vii. 67, that the Jews who were slaves in Babylon, yet, upon their liberation, were found to own 7337 slaves; and from the foregoing it appears that the persons then called liberti or freedmen, or the conditionati or persons under condition, and probably, in some instances, coloni or colonists, had slaves, but Again, in the canon xxii. of this council, we find provision which exhibits the caution which was used in regulating the right of sanctuary for slaves. This right was, in Christianity, a concession of the civil power, humanely interposing, in times of imperfect security and violent passion, the protecting arm of the church, to arrest the violence of one party, so as to secure merciful justice for the other, and to make the compositions of peace and equity be substituted for the vengeance or the exactions of power. It was, so far from being an encouragement to crime, one of the best helps towards civilizing the barbarian. Canon xxii. De servis vero, qui pro qualibet culp ad ecclesiÆ septa confugerint, id statuimus observandum, ut, sicut in antiquis constitutionibus tenetur scriptum, pro concess culp datis a domino sacramentis, quisquis ille fuerit, egrediatur de veni jam securus. Enimvero si immemor fidei dominus transcendisse convincitur quod juravit, ut is qui veniam acceperat, probetur postmodum pro e cum qualicumque supplicio cruciatus, dominus ille, qui immemor fuit datÆ fidei, sit ab omnium communione suspensus. Iterum si servus de promissione veniÆ datis sacramentis a domino jam securus exire noluerit, ne sub tali contumaci requirens locum fugÆ domino fortasse disperiat, egredi nolentem a domino eum liceat occupari, ut nullam, quasi pro retentatione servi, quibuslibet modis molestiam aut calumniam patiatur ecclesia: fidem tamen dominus, quam pro concess veni dedit, null temeritate transcendat. Quod si aut gentilis dominus fuerit, aut alterius sectÆ, qui a conventu ecclesiÆ probatur extraneus, is qui servum repetit personas requirat bonÆ fidei Christianas, ut ipsi in person domini servo prÆbeant sacramenta: quia ipsi possunt servare quod sacrum est, qui pro transgressione ecclesiasticam metuunt disciplinam. We enact this to be observed respecting slaves, who may for any fault fly to the precincts of the church, that, as is found written in ancient constitutions, when the master shall pledge his oath to grant pardon to the culprit, whosoever he may be, he shall go out secure of pardon. But, if the master, unmindful of his oath, LESSON IX.Bishop England has, in his eighth letter, alluded to the state of society in England and Ireland at this early day, for the purpose of elucidating the fact that the doctrines of the church concerning slavery and the civil condition of those regions were materially without difference from the other parts of Europe. Some portions of his letter, although, perhaps, too distant from our subject, are, nevertheless, too interesting to omit. About the year 462, Niell Naoigialluch, or Neill of the Nine Hostages, ravaged the coast of Britain and Gaul. In this expedition a large number of captives were made. One youth, sixteen years of age, by the name of Cothraige, was sold to Milcho, and was employed by him in tending sheep, in a place called Dalradia—within the present county of Antrim. This Cothraige was St. Patrick, subsequently the apostle of Ireland. St. Patrick, in his Confessions, states that many of his unfortunate countrymen were carried off and made captives, and dispersed among many nations. The Romans had possession of Britain, and even had not About the year 450, a party of them, among whom were several that professed the Christian religion, made a piratical incursion upon the Irish coast, under the command of Corotic, or Caractacus, or Coroticus. Lanigan compiles the following account of this incursion from the Eccles. History of Ireland, vol. i. c. iv. “This prince, Coroticus, though apparently a Christian, was a tyrant, a pirate, and a persecutor. He landed, with a party of his armed followers, many of whom were Christians, at a season of solemn baptism, and set about plundering a district in which St. Patrick had just baptized and confirmed a great number of converts, and on the very day after the holy chrism was seen shining in the foreheads of the white-robed neophytes. Having murdered several persons, these marauders carried off a considerable number of people, whom they went about selling or giving up as slaves to the Scots and the apostate Picts. St. Patrick wrote a letter, which he sent by a holy priest whom he had instructed from his younger days, to those pirates, requesting of them to restore the baptized captives and some part of the booty. The priest and the other ecclesiastics that accompanied him being received by them with scorn and mockery, and the letter not attended to, the saint found himself under the necessity of issuing a circular epistle or declaration against them and their chief Coroticus, in which, announcing himself a bishop and established in Ireland, he proclaims to all those who fear God, that said murderers and robbers are excommunicated and estranged from Christ, and that it is not lawful to show them civility, nor to eat or drink with them, nor to receive their offerings, until, sincerely repenting, they make atonement to God and liberate his servants and the handmaids of Christ. He begs of the faithful, into whose hands the epistle may come, to get it read before the people everywhere, and before Coroticus himself, and to communicate it to his soldiers, in the hope that they and their master may return to God, &c. Among other very affecting expostulations, he observes that the Roman and Gallic Christians are wont to send proper persons with great sums of money to the Franks and other pagans, for the purpose of redeeming Christian captives; while, on the contrary, that monster, The Britons were frequently invaded by the Scots, upon the abandonment of their country by the Romans; and at the period here alluded to, it is supposed by many that the captives taken from Ireland were in several instances given by their possessors to the plundering and victorious Northmen, by the Britons, in exchange for their own captured relatives, whom they desired to release. About the year 555, Pope Pelagius held, under the protection of King Childebert, the third council of Paris, in which we find a canon, entitled, “De Servis Degeneribus,” concerning “bastard slaves,” as follows: (See Du Cange.) Canon ix. De degeneribus servis, qui pro sepulchris defunctorum pro qualitate ipsius ministerii deputantur, hoc placuit observari, ut sub qu ab auctoribus fuerint conditione dimissi, sive heredibus, sive ecclesiis pro defensione fuerint deputati, voluntas defuncti circa eos in omnibus debeat observari. Quod si ecclesia eos de fisci functionibus in omni parte defenderit ecclesiÆ tam illi, quam posteri eorum, defensione in omnibus potiantur, et occursum impendant. It is enacted concerning bastard slaves who are placed to keep the sepulchres, because of the rank of that office, that whether they be placed under the protection of the heirs or of the church for their defence, upon the condition upon which they were discharged by their owners, the will of the deceased should be observed in all things in their regard. But, if the church shall keep them entirely exempt from the services and payments of the fisc, let them and their descendants enjoy the protection of the church for defence, and pay to it their tribute. The auctores, or authors, in the original sense, were owners or masters; and subsequently, especially in Gaul, it was often taken to mean parents, which probably, from the context, is here its meaning; and, we find a new title and a new class, where the master having committed a crime with his servant, the offspring was his slave; yet, his natural affection caused the parent to grant him a conditioned freedom, to protect which this canon specified the guardian to be either the heir or the church. Martin, archbishop of Braga, who presided at the third council of that city, in the year 572, collected, from the councils of the east and the west, the greater portion of the canon law then in force, and made a compendium thereof, which he distributed into The forty-sixth of these canons is— Si quis obligatus tributo servili, vel aliqua conditione, vel patrocinio cujuslibet domÛs, non est ordinandus clericus, nisi probandÆ vitÆ fuerit et patroni concessus accesserit. If any one is bound to servile tribute, or by any condition, or by the patronage of any house, he is not to be ordained a clergyman, unless he be of approved life, and the consent of the patron be also given. This canon is taken into the body of the canon law. Dist. 53. Canon xlvii. Si quis servum alienum caus religionis doceat contemnere dominum suum et recedere À servitio ejus, durissimÈ ab omnibus arguatur. If any person will teach the servant of another, under pretext of religion, to despise his master and to withdraw from his service, let him be most sharply rebuked by all. This too is taken into the body of the canon law. (17, q. 4, Si quis.) In the year 589, the third council of Toledo, in Spain, was celebrated, in the pontificate of Pope Pelagius II. All the bishops of Spain assembled upon the invitation of King Reccared. The articles of faith form twenty-three heads of various length; after which follow twenty-three capitula, or little chapters or heads of discipline. The sixth of these is in the following words: De libertis autem id Dei prÆcipiunt sacerdotes, ut si qui ab episcopis facti sunt secundum modum quo canones antiqui dant licentiam, sint liberi; et tamen a patrocinio ecclesiÆ tam ipsi, quam ab eis progeniti non recedant. Ab aliis quoque libertati traditi, et ecclesiis commendati, patrocinio episcopali regantur: À principe hoc episcopus postulet. The priests of God decree concerning freedmen, that if any are made by the bishops in the way the ancient canons permit, they shall be considered free; yet so that neither they nor their descendants shall retire from the patronage of the church. Let those freed by others and placed under the protection of the church, be placed under the bishop’s protection. Let the bishop ask this of his prince. This too is taken into the body of the canon law. (12, q. 2, De libertis.) Innuente (other copies, jubente) atque consentiente domino piissimo Reccaredo rege, id prÆcipit sacerdotale consilium, ut clericorum (others, clericos) ex famili fisci nullus audeat a principe donatos expetere; sed reddito capitis sui tributo ecclesiÆ Dei, cui sunt alligati, usque dum vivent, regulariter administrent. By the suggestion (or by the command) and with the consent of the most pious lord King Reccared, the council of priests directs that no one shall dare to reclaim from the administrators of the church those clergy given by the prince; but having paid their tribute to the church of God, to which they are bound, let them, as long as they live, administer regularly. In the same council, the canon xv. is the following: Si qui ex servis fiscalibus ecclesias forte construxerint easque de su paupertate ditaverint, hoc procuret episcopus prece su auctoritate regi confirmari. If any of the king’s special servants shall have built churches, and have enriched them by the contributions from their poverty, let the bishop obtain that it be confirmed by the royal authority. The servi fiscales were the private or patrimonial property of the king. This also exhibits the principle that the slave was not permitted to contribute, without the consent of his owner, to religious establishments. A canon of the assembly held in Constantinople, 692: Canon lxxxv. In duobus vel tribus testibus confirmari omne verbum ex Scriptura accepimus. Servos ergo qui a dominis suis manumittuntur, sub tribus testibus eo frui honore decernimus, qui prÆsentes libertati vires et firmitatem afferent, et ut iis quÆ ipsis testibus facta sunt fides habeatur efficient. We have learned from the Scripture that every word is confirmed LESSON X.As late as the year 577, Britain furnished other nations with slaves, which is sufficiently proved by the following extract from Bede: Nec silentio prÆtereunda opinio quÆ de beato Gregorio, traditione majorum, ad nos usque perlata est: qu videlicet ex caus admonitus, tam sedulam erga salutem nostrÆ gentis curam gesserit. Dicunt, quia die quÂdam cum advenientibus nuper mercatoribus multa venalia in forum fuissent conlata, multique ad emendum confluxissent, et ipsum Gregorium inter alios advenisse, ae vidisse inter alia pueros venales positos, candidi corporis ac venusti vultÛs, capillorum quoque form egregiÂ. Quos cum aspiceret, interrogavit, ut ajunt, de qu regione vel terr essent adlati. Dictumque est quod de Brittani insulÂ, cujus incolÆ talis essent aspectÛs. Rursus interrogavit, utrum iidem insulani, Christiani, an paganis adhuc erroribus essent implicati? Dictumque est, quod essent pagani. At ille intimo ex corde longa trahens suspiria: “Heu, proh dolor!” inquit, “quod tam lucidi vultÛs homines tenebrarum auctor possidet, tantaque gratia frontispicii mentem ab intern grati vacuam gestat!” Rursus ergo interrogavit, quod esset vocabulum gentis illius? Responsum est quod Angli vocarentur. At ille, “BenÈ,” inquit, “nam et angelicam habent faciem, et tales angelorum in coelis decet esse coheredes. Quod habet nomen ipsa provincia de qu isti sunt adlati?” Responsum est quod Deiri vocarentur iidem provinciales. At ille: “BenÈ,” inquit, “Deiri, de ir eruti, et ad misericordiam Christi vocati. Rex provinciÆ illius, quomodo appellatur?” Responsum est quod Aella diceretur. At ille adludens ad nomen ait: “Alleluia, laudem Dei creatoris illis in partibus oportet cantari.” Accedensque ad Pontificem RomanÆ et ApostolicÆ sedis, nondum enim erat ipse Pontifex factus, rogavit, ut genti Angliorum in Britanniam aliquos Nor is that notice of the blessed Gregory which has come down to us by the tradition of our ancestors to be silently passed over: for, by reason of the admonition that he then received, he became so industrious for the salvation of our nation. For they say, that on a certain day when merchants had newly arrived, many things were brought into the market, and several persons had come to purchase; Gregory himself came among them, and saw exposed for sale, youths of a fair body and handsome countenance, whose hair was also beautiful. Looking at them, they say, he asked from what part of the world they were brought; he was told from the island of Britain, whose inhabitants were of that complexion. Again he asked whether these islanders were Christians or were immersed in the errors of paganism. It was said, that they were pagans. And he, sighing deeply, said, “Alas! what a pity that the author of darkness should possess men of so bright a countenance, and that so graceful an aspect should have a mind void of grace within!” Again he inquired what was the name of their nation. He was told that they were called Angles. He said, “It is well, for they have angelic faces, and it is fit that such should be the coheirs with Angels in Heaven.” From what province were they brought, was his next inquiry. To which it was answered, The people of their province are called Deiri. “Good again,” said he, “Deiri, (de ir eruti,) rescued from anger and called to the mercy of Christ.” What is the name of the king of that province? He was told, Aella. And, playing upon the word, he responded, “Alleluia. The praises of God our Creator ought to be chanted in those regions.” And going to the pontiff of the Roman Apostolic See, for he was not yet made pope himself, he besought him to send to Britain, for the nation of the Angles, some ministers of the word, through whom they may be converted to Christ; and stated that he was himself ready, the Lord being his aid, to undertake this work, if the pope should so please. This he was not able to do, for though the pontiff Gregory became pope in 590. Soon after his elevation to the pontifical dignity, he sought to purchase some of the British youths, in order to have them trained up to be missionaries to their countrymen. The holy see had already a considerable patrimony in Gaul, bestowed by the piety of the faithful: we shall see from the following epistle of the pope to the priest Candidus, whom he sent as its administrator, the use which was made of its income. Lib. v. Epist. x.—Gregorius Candido Presbytero eunti ad patrimonium GalliÆ. Pergens auxiliante Domino Deo nostro Jesu Christo ad patrimonium, quod est in Galliis gubernandum, volumus ut dilectio tua ex solidis quos acceperit, vestimenta pauperum, vel pueros Anglos, qui sunt ab annis decem et septem, vel decem et octo, ut in monasteriis dati Deo proficiant, comparet; quatenus solidi Galliarum, qui in terr nostr expendi non possunt, apud locum proprium utiliter expendantur. Si quid vero de pecuniis redituum, quÆ dicuntur ablatÆ, recipere potueris, ex his quoque vestimenta pauperum comparare te volumus; vel, sicut prÆfati sumus, pueros qui in omnipotentis Dei servitio proficiant. Sed quia pagani sunt, qui illic inveniri possunt, volo, ut cum eis presbyter transmittatur, ne quid Ægritudinis contingat in viÂ, ut quos morituros conspexerit debeat baptizare. Ita igitur tua dilectio faciat, ut hÆc diligenter implere festinet. Gregory to the Priest Candidus, going to the patrimony of Gaul. As you are going, with aid of the Lord Jesus Christ, our God, to govern the patrimony which is in Gaul; we desire that out of the shillings you may receive, you, our beloved, should purchase clothing for the poor, or English youths about the age of seventeen or eighteen, that, being placed in monasteries, they may be useful for the service of God; so that the money of Gaul, which ought not to be expended in our land, may be laid out in its own place beneficially. If you can also get any of the money of that income called The commission of Pope Gregory to purchase those youths was executed. But, as Lingard observes, (Ant. Anglo-Saxon Chu. c. i.,) “their progress was slow, and his zeal impatient.” The result was that St. Augustine and his companions were sent by the pope, and effected the conversion of the island. In the same chapter, Lingard describes the Saxons who had settled in England, previous to their conversion, and refers to Will. of Malmesbury (de reg. 1. i., c. 3.) “The savages of Africa may traffic with the Europeans for the negroes whom they have seized by treachery, or captured in open war; but the most savage conquerors of the Britons sold without scruple, to the merchants of the continent, their countrymen, and even their own children.” “But their ferocity soon yielded to the exertions of the missionaries, and the harsher features of their origin were insensibly softened under the mild influence of the gospel. In the rage of victory, they learned to respect the rights of humanity. Death or slavery was no longer the fate of the conquered Britons; by their submission, they were incorporated with the victors; and their lives and property were protected by the equity of their Christian conquerors. * * * The humane idea, that by baptism all men become brethren, contributed to meliorate the condition of slavery, and scattered the seeds of that liberality which gradually undermined, and at length abolished, so odious an institution. By the provision of the legislature, the freedom of the child was secured from the avarice of an unnatural parent; and the heaviest punishment was denounced against the man who presumed to sell to a foreign master one of his countrymen, though he were a slave or a malefactor.” Lingard here refers to the statutes of Ina, quoted in a previous study. But it may be remarked that here is the earliest notice of the African slave-trade, as a branch of European commerce, compared with the ancient slave-trade carried on with Britain. Admonitio vi.—Aliter admonendi sunt servi, atque aliter domini. Servi scilicet, ut in se semper humilitatem conditionis aspiciant: domini vero, ut naturÆ suÆ qu Æqualiter sunt cum servis conditi, memoriam non amittant. Servi admonendi sunt ne dominos despiciant, ne Deum offendant si ordinationi illius superbiendo contradicunt: domini quoque admonendi sunt, quia contra Deum de munere ejus superbiunt, si eos quos per conditionem tenent subditos, Æquales sibi per naturÆ consortium non agnoscunt. Isti admonendi sunt ut sciant se servos esse dominorum: illi admonendi sunt ut cognoscant se conservos esse servorum. Istis namque dicitur: Servi, obedite dominis carnalibus. Et rursum: Quicumque sunt sub jugo servi, dominos suos omni honore dignos arbitrentur: illis autem dicitur: et vos, domini, eadem facite illis, remittentes minas, scientes quod et illorum et vester dominus est in coelis. Admonition vi.—Servants are to be admonished in one way, masters in another way: servants indeed, that they should always regard in themselves the lowliness of their condition: masters however, that they lose not the recollection of their nature, by which they are created upon a level with their slaves. Slaves are to be admonished not to despise their masters, lest they offend God, if growing proud they contradict his ordinance: masters too are to be admonished; because they grow proud against God by reason of his gift, if they do not acknowledge as their equals, by the fellowship of nature, those whom by condition they hold as subjects. These are to be admonished that they be mindful that they are the slaves of their masters; those that they recollect that they are the fellow-servants of servants. To these it is said: Servants, obey your masters in the flesh: and again, Whosoever are servants under the yoke, let them consider their masters worthy of all honour: but to those it is said: And you, masters, do in like manner to them, laying aside threats, knowing that your and their Master is in heaven. In his book ii. of Epistles, ep. xxxix., writing to Peter, a subdeacon of Campania, he directs him how to act in the case of a female slave, belonging to a proctor or manager of church property, (defensor,) who was anxious to be allowed to become a sister in a monastery, which was not lawful without the consent of her owner. The pope neither orders the master to manumit her nor to permit Preterea quia Felix defensor puellam nomine Catillam habere dicitur, quÆ cum magnis lacrymis, et vehementi desiderio habitum conversionis appetit, sed eam prÆfatus dominus suus converti minime permittit: proinde volumus, ut experientia tua prÆfatum Felicem adeat, atque puellÆ ejusdem animum sollicite requirat; et si ita esse cognoverit, pretium ejusdem puellÆ suÆ domino prÆbeat, et huc eam in monasterio dandam cum personis gravibus, Domino auxiliante, transmittat. Ita vero hÆc age, ut non per lentam actionem tuam prÆfatÆ puellÆ anima detrimentum aliquod in desiderio suo sustineat. Moreover, because the proctor Felix is said to have a servant named Catilla, who with many tears and vehement desire wishes to obtain the habit of religion; but her aforesaid master will not by any means permit her making profession: it is then our desire that your experience would call upon the said Felix, and carefully examine the disposition of that young woman, and if you should find it such as is stated, pay to the master her price, and send her hither with discreet persons, to be placed, with God’s help, in a monastery. But do this, so that the soul of the young woman may not suffer any inconvenience in her desire, through your tardiness. The following is a deed of gift which the same Pope made, to assure the possession of a slave to the bishop of Porto, one of the suburban sees near Rome. It is curious, not merely as exhibiting the fact that the pope and the See of Rome held and transferred slaves at this period, but also as giving a specimen of a legal document of that date and tenor:— Lib. X. Ep. LII.—Gregorius, Felici Episcopo Portuensi. Charitatis vestrÆ grati provocati, no infructuosi vobis videamur existere, prÆcipuÈ cum et minus vos habere servitia noverimus; ideo Joannem juris ecclesiastici famulum, natione Sabinum, ex mass FlavianÂ, annorum plus minus decem et octo, quem nostra voluntate jam diu possidetis, fraternitati vestrÆ jure directo donamus atque concedimus; ita ut cum habeatis, possideatis, atque juri proprietatique vestra vindicetis atque defendatis, et quidquid de eo facere volueritis, quippe ut dominus, ex hujus donationis jure libero potiamini arbitrio. Contra quam munificentiÆ nostrÆ chartulam Excited by our regard for your charitable person, that we may not appear to be useless to you, especially as we know you are short of servants: we therefore give and grant to you our brother, by our direct right, John, a servant of the church domain, by birth a Sabine, of the Flavian property, now aged about eighteen years, whom by our will you have a good while had in your possession. So that you may have and possess him, and preserve and maintain your right to him and defend him as your property. And that you may, by the free gift of this donation, enjoy the exercise of your will, to do what you may think proper in his regard, as his lord. Against which paper of our munificence, you may know that neither we nor our successors are ever to come. And we have read this deed of gift, written out by our notary, and we have subscribed the same, not even awaiting your profession, respecting the time you would desire license to register it in the public acts by interposing the lawful process of signature and covenant. Done at Rome, &c. The massa was generally a portion of land of about twelve acres: and the servants belonging specially thereto are in the documents of this and a later period generally called either servi de (or ex) massa, and when they subsequently became conditioned, or freed to a certain extent, they were called homines de masnada, or other names equivalent thereto. Lib. V. Ep. XXXIV.—Gregorius, Athemio Subdiacono. Quantus dolor, quantaque sit nostro cordi afflictio de his, quÆ in partibus CampaniÆ contigerunt, dicere non possumus: sed ex calamitatis magnitudine potes ipse cognoscere. E de re, pro remedio captivorum qui tenti sunt, solidos experientiÆ tuÆ per horum portitorem Stephanum virum magnificum transmisimus, admonentes ut omnino debeas esse sollicitus, ac strenuÈ peragas, et liberos homines, quos ad redemptionem suam sufficere non posse cognoscis, tu eos festines redimere. Qui vero servi fuerint, et dominos eorum ita pauperes esse compereris, ut eos redimere non assurgant, et hos quoque comparare non desinas. Pariter etiam et servos ecclesiÆ qui tu negligenti perierunt, curabis redimere. Quo cumque Gregory, to the Subdeacon Anthemius: We cannot express how great is our grief and the affliction of our heart, by reason of what has occurred in a part of Campania; but you may yourself estimate it from the extent of the calamity. Wherefore, we send to your experience, by Stephen, a worthy man, the bearer hereof, money for the aid of those captives who are detained; admonishing you that you ought to be very industrious and exert yourself to discover what freemen are unable to procure their own release, and that you should quickly redeem them. But respecting the slaves, when you shall discover that their masters are so poor as not to have it in their power to release them, you will also not omit to buy them. In like manner you will be careful to redeem the servants of the church who have been lost through your neglect. You will also be very careful by all means to make a neat brief, which you can bring when you come, containing their names, as also where any one remains, how he is employed, or whence he is. You will be diligent, and so industrious in this transaction, as to give no cause of danger by your neglect, for those who are to be released, nor run the risk of being exceedingly culpable in our view. You will be most particular, above all things, to procure the release of the captives at the lowest possible rate. You will make out the accounts as accurately and as clearly as possible, and send them to us with speed. The calamity which he bewails was an incursion of the Lombards, who, coming originally from Scandinavia, settled for a while in Pomerania, and about this period ravaged Italy. LESSON XI.At this age of the world, there still existed a feeling of rivalship between the Jew, the pagan, and the Christian; and, in truth, between some of the different sects of the latter, as to which system of religion should prevail. This state of facts often rendered the condition of the slave peculiar. The Jew and the Christian were in opposition from the very origin of Christianity. The first persecutors of the Christians were the relatives of the first Christians; the death of the Saviour and the martyrdom of Stephen, the imprisonment of Peter, the mission of Saul to Damascus, and a variety of other similar facts, exhibit in strong relief the spirit of hatred which caused not merely separation, but enmity. The destruction of Jerusalem, the captivity of the people who preserved the early records of revelation, and the increase of the Christian religion, even under the swords and the gibbets of its persecutors, only increased and perpetuated this feeling. The pride of the Gentile ridiculed what he denominated superstition: while he smote the believer whom he mocked, he bowed before the idol of paganism. The early heresies of those who professed the Christian name, but separated from Christian unity, sprang generally from the efforts to destroy the mysterious nature of the doctrine of the apostles, and to explain it by the system of some Gentile philosopher, or to modify it by superinducing some Judaic rite or principle. The Jew, the Gentile, and the heretic equally felt elevated by his imagined superiority over the faithful follower of the doctrine of the Galilean. Thus the sword of the persecutor, the scoff of ridicule, and the quibbling of a false philosophy, were all employed against the members of the church; and among those who were by their situation the most exposed to suffering, were the Christian slaves of the enemies of the cross. Even they who belonged to the faithful had peculiar trials, because, frequently, in times of persecution, masters, desirous of obtaining protection, without actually sacrificing to idols, compelled their servants to personate them in perpetrating the crime. They were frequently circumcised, even against their will, by the Jewish owners. It was, therefore, at an early period after the conversion of Constantine, enacted that no one who was not a Christian should hold a Christian slave, upon that principle contained in Lev. xxv. 47, 48. We find in the civil code, lib. i. tit. 10, “JudÆus servum Christianum nec comparare debebit, nec largitatis aut alio quocumque titulo consequetur.” A Jew shall not purchase a Christian slave, nor shall he obtain one by title of gift, nor by any other title. In a subsequent part of the title the penalty is recited, “non solum mancipii damno mulctetur, verÙm etiam capitali sententia punietur.” Not only shall he be mulcted by the loss of the slave, but he shall be punished by a capital sentence. By a decree of Valentinian III., found after the Theodosian code, and entitled, “De diversis ecclesiasticis capitibus,” bearing date 425, Aquileia, vii. of the ides of July, Jews and pagans were prohibited from holding Christian slaves. Thus by the laws of the empire at this period, no Jew or Gentile could have any property in a Christian slave. This principle was not adopted until a much later period by the Franks and other nations, and this will account for the diversity of legislation and of judgment which the books of the same period exhibit in various regions. Another clause of the code was more comprehensive: “GrÆcus, seu paganus, et JudÆus, et Samaritanus, et alius hÆreticus, id est, non existens orthodoxus, non potest Christianum mancipium habere.” A Greek or pagan, a Jew, a Samaritan, and any heretic, that is, one not orthodox, cannot hold a Christian slave. The authority of Gregory over Sicily was not merely spiritual. He had a temporal supervision, if not a full sovereignty, over the island.—The document is ep. xxxvii. lib. ii. indict. xi. Gregorius Libertino, PrÆfecto SiciliÆ. De prÆsumptione NasÆ JudÆi, qui altare nomine B. HeliÆ construxerat, et de mancipiis Christianis comparatis. Ab ipso administrationis exordio, Deus vos in causÆ suÆ voluit vindicta procedere, et hanc vobis mercedem propitius cum laude servavit. Fertur siquidem quÒd Nasas quidam sceleratissimus JudÆorum, sub nomine beati HeliÆ altare puniend temeritate construxerit, multosque illic Christianorum ad adorandum sacrileg seductione decepit. Sed et Christiana, ut dicitur, mancipia comparavit, Gregory to Libertinus, Prefect of Sicily: Concerning the presumption of Nasas, a Jew, who had erected an altar in the name of the blessed Elias; and concerning the procuring of Christian slaves. God has willed that from the very beginning of your administration you should proceed to the avenging of his cause; and he has mercifully kept this reward for you with praise. It is indeed said that one Nasas, a very wicked man, of the Jewish people, has, with a rashness deserving punishment, constructed an altar under the name of the blessed Elias, and deceitfully and sacrilegeously seduced many Christians thither for adoration. It is also said that he has procured Christian slaves, and put them to his service and profit. It has also been written to us that the most glorious Justin, when he ought to have most severely punished him for such crimes, has, through the soothing of his avarice, put off the avenging of this injury to God. Do you, glorious sir, most closely examine into all the premises; and if you shall find the allegations evidently sustained, hasten to proceed most strictly to have bodily justice done upon this wicked Jew, so as to procure for yourself the favour of God in this case, and to exhibit for your reward, to those who will come after us, an example for imitation. But, further, do you carry through, according to the prescriptions of the laws, to their liberty, without any cavilling, every and any Christian slaves that it may be evident he procured, lest, which God forbid, the Christian religion should be degraded by subjection to the Jews. Canon xxx. of the fourth council of Orleans: 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 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: Quod JudÆi non possunt Christiana habere mancipia: sed coloni et originarii pensiones illis prÆbere debent. Multorum ad nos relatione pervenit, a JudÆis in Lunensi civitate degentibus in servitio Christiana detineri mancipia: quÆ res nobis tanto visa est asperior, quanto ea fraternitati tuÆ patientia operabatur. Oportebat quippe te respectu loci tui, atque ChristianÆ religionis intuitu, nullam relinquere occasionem, ut superstitioni JudaicÆ simplices animÆ non, tam suasionibus quam potestatis jure, quodammodo deservirent. Quamobrem hortamur Gregory to Venantius, Bishop of Luna: That Jews should not have Christian slaves, but that colonists and those born on their lands should pay them pensions. We have learned by the report of many persons that Christian slaves are kept in servitude by the Jews dwelling in the city of Luna, which is the more grievous to us as it has been caused by the remissness of you our brother. For it was becoming you, as well by reason of the place you hold, as from your regard for the Christian religion, not to allow the existence of any occasion by which simple souls may be subjected to the Jewish superstition, not only by the force of persuasion, but by a sort of right arising from power. Wherefore we exhort you, our brother, that, according to the regulation of the most pious laws, it should not be permitted to any Jew to keep a Christian slave under his dominion, and that if any such be found under them, the liberty of such should be secured by the process of law and the aid of protection. And as regards those who are on their lands, though by strict construction of law they may be free, yet, because they have remained a long time in the cultivation of the soil, as bound to the condition of the place, let them remain to till the lands as they have used to do, and pay their pension to the aforesaid men; and let them do all that the laws require of colonists or persons of origin. Let no additional burthen however be laid on them. But should any one of these desire to migrate to another place; or should he prefer remaining in his obedience, let the consequences be attributed to him who rashly violated the colonial rights, It is our wish that you be careful so to give your attention to all these letters as not to be the guilty pastor of a plundered flock, nor that your want of zeal should compel us to reprehend our brother. The law of the empire in force through Italy and Sicily: 1. Slaves who were Christians could not be held by those who were not Christians. 2. It being unlawful for others than Christians to hold them, these others could have no property in them: the persons so held were entitled to their freedom. 3. The church was the guardian of their right to freedom, and the church acted through the bishop. 4. Consequently it was the duty, as it was the right, of the bishop to vindicate that freedom for those so unjustly detained. 5. The right and duty of the pope was to see that each bishop was careful in his charge, and this part of his charge came as much as any other did under the supervision of his superior and immediate inspector, and it was the duty of that superior to reprehend him for any neglect. 6. The law of each country was to regulate the duty of the master and slave, and if that law made, as in Italy and its environs, the church the proper tribunal for looking to the performance of those duties, any neglect of the church in its discharge would be criminal. 7. Through the greater part of Italy and Sicily, at this period, the pope was the sovereign, and it was only by his paramount influence that the half-civilized Gothic and Lombard chiefs were kept in any order, and their despotism partially restrained. They were times of anarchy, between which and the present no analogy exists. The Jews and separatists from the church were very numerous, and on their side, as well as on that of their opposers, passion frequently assumed the garb of religion, and the unfortunate slave was played upon by each. The position of the pope was exceedingly difficult, for while he had to restrain the enemies of the church on one side, he had to correct the excesses of its partisans upon the other. LESSON XII.The laws of the empire having declared it unlawful for Jews or pagans to hold Christian slaves, the church took a further step, which, in effect, forbade pagan slaves being sold to Jews, and which, to a considerable extent, suppressed their introduction, by the difficulties with which the following order surrounded the traffic. It is found in lib. v. indic. xiv. epist. xxxi. Gregorius, Fortunato Episcopo Neopolitano: Ne mancipia quÆ Christianam fidem suscipere volunt, JudÆis venundentur: sed pretium À Christiano emptore percipiant. Fraternitati vestrÆ ante hoc tempus scripsimus, ut hos qui de Judaica superstitione ad Christianam fidem Deo aspirante venire desiderant, dominis eorum nulla esset licentia venundandi: sed ex eo quo voluntatis suÆ desiderium prodidissent, defendi in libertatem per omnia debuissent. Sed quia quantum cognovimus, nec voluntatem nostram, nec legum statuta subtili scientes discretione pensare, in paganis servis hÂc se non arbitrantur conditione constringi: fraternitatem vestram oportet de his esse solicitam, et si de JudÆorum servitio non solum JudÆos, sed etiam quisquam paganorum fieri voluerit Christianus, postquam voluntas ejus fuerit patefacta, nec hunc sub quolibet ingenio vel argumento cuipiam JudÆorum venundandi facultas sit: sed is qui ad Christianam converti fidem desideret, defensione vestr in libertatem modis omnibus vindicetur. Hi vero quos hujusmodi oportet servos amittere, ne forsitan utilitates suas irrationabiliter Æstiment impediri, sollicit vos hÆc convenit consideratione servare: ut si paganos, quos mercimonii caus de externis finibus emerint, intra tres menses, dum emptor cui vendi debeant non invenitur, fugere ad ecclesiam forte contigerit, et velle se fieri dixerint Christianos, vel etiam extra ecclesiam hanc talem voluntatem prodederint, pretium ibi À Christiano scilicet emptore percipiant. Si autem post prÆfinitos tres menses quisquam hujusmodi servorum velle suum edixerit, et fieri voluerit Christianus, nec aliquis eum postmodum emere, nec dominus quÂlibet occasionis specie audeat venundare, sed ad libertatis proculdubio prÆmia perducatur: quia hunc non ad vendendum, sed ad serviendum sibi intelligitur comparasse. HÆc igitur omnia fraternitas vestra ita vigilantes observet, “Gregory to Fortunatus, Bishop of Naples: “That slaves who wish to embrace the Christian faith must not be sold to Jews, but (the owners) may receive a price from a Christian purchaser. “We have before now written to you, our brother, that their masters should not have leave to sell those who, by the inspiration of God, desire to come from the Jewish superstition to the Christian faith; but that from the moment they shall have manifested this determination they should be, by all means, protected to seek their liberty. But, as we have been led to know some persons, not exactly and accurately giving heed to our will, nor to the enactments of the laws, think that, as regards pagan slaves, this law does not apply, it is fit that you, our brother, should be careful on this head; and if among the slaves of the Jews, not only a Jew, but any of the pagans, should desire to become a Christian, to see that no Jew should have power to sell him under any pretext, or by any ingenious device, after this his intention shall have been made known; but let him who desires to become of the Christian faith have the aid of your defence, by all means, for his liberty. “And respecting those who are to lose such servants, lest they should consider themselves unreasonably hindered, it is fit that you should carefully follow this rule: that, if it should happen that pagans, whom they bought from foreign places for the purpose of traffic, should within three months, not having been purchased, fly to the church and say that they desire to be Christians, or even make known this intention without the church, let the owners be capable of receiving their price from a Christian purchaser. But if, after the lapse of three months, any one of those servants of this description should speak his will and wish to become a Christian, no one shall thereafter dare to purchase him, nor shall his master under any pretext sell him; but he shall unquestionably be brought to the reward of liberty, because it is sufficiently intelligible that this slave was procured for the purpose of service, and not for that of traffic. Do you, my brother, diligently and closely observe all these things, so that you be not led away by any supplication, nor affected by personal regard.” The grounds of the law above given may be partially gathered Gregorius, Leoni Episcopo Catanensi: De SamarÆis qui pagana mancipia emerunt et circumciderunt. Res ad nos detestabilis, et omnino legibus inimica pervenit, quÆ, si vera est, fraternitatem vestram vehementer accusat, eamque de minori solicitudine probat esse culpabilem. Comperimus autem quod SamarÆi degentes CatinÆ pagana mancipia emerint, atque ea circumcidere ausu temerario prÆsumpserint. Atque idcirco necesse est, ut omnimodo zelum in hÂc caus sacerdotalem exercens, cum omni hoc vivacitate ac solicitudine studeas perscrutari: et si ita repereris, mancipia ipsa sine mor in libertatem modis omnibus vindica, et ecclesiasticam in eis tuitionem impende, nec quidquam dominos eorum de pretio quolibet modo recipere patiaris: qui non solum hoc damno mulctandi, sed etiam ali erant poen de legibus feriendi. “Gregory to Leo, Bishop of Catania: “Concerning Samaritans (or Jews) who purchased pagan slaves and circumcised them. “Accounts have been brought to us of a transaction very detestable and altogether opposed to the laws, and which, if true, shows exceedingly great neglect on the part of you, our brother, and proves you to have been very culpable. “We have found that some Jews dwelling at Catania have bought pagan slaves, and with rash presumption dared to circumcise them. Wherefore it is necessary that you should exert all your priestly zeal in this case, and give your mind to examine closely into it with energy and care; and, should you find the allegation to be true, that you should by all means, and without delay, secure the liberty of the slaves themselves, and give them the protection of the church; nor should you suffer their masters, on any account, to receive any of the price given for them, for they not only should be fined in this amount, but they are liable also to suffer such other punishment as the laws inflict.” LESSON XIII.In Judea, the creditor could take the children of the debtor, and keep them as his slaves, to labour until the debt was paid; and among the Gentiles this right was not only in existence, but in most cases the child could be subjected to perpetual slavery, and in many instances the debtor himself could thus be reduced to bondage. Improvement had been made in this respect, as will be seen by the following document, found in lib. iii. indic. xii. epist. xliii. Gregorius, Fantino Defensori: De Cosma Syro multis debitis obligato. Lator prÆsentium, Cosmas Syrus, in negotio quod agebat, debitum se contraxisse perhibuit, quod, et multis aliis et lacrymis ejus attestantibus, verum esse credidimus. Et quia 150 solidos debebat, volui ut creditores illius cum eo aliquid paciscerentur: quoniam et lex habet, ut homo liber pro debito nullatenus teneatur, si res defuerint, quÆ possunt eidem debito addici, creditores ergo suos, ut asserit, ad 80 solidos consentire possibile est. Sed quia multum est ut a nil habente homine 80 solidos petant, 60 solidos per notarium tuum tibi transmisimus; ut cum eisdem creditoribus subtiliter loquaris, rationem reddas, quia filium ejus quem tenere dicuntur, secundum leges tenere non possunt. Et si potest fieri, ad aliquod minus quam nos dedimus, condescendant. Et quidquid de eisdem 60 solidis remanserit, ipsi trade, ut cum filio suo exinde vivere valeat. Si autem nil remanet, ad eamdem summam debitum ejus incidere stude, ut possit sibi libere postmodum laborare. Hoc tamen solerter age, ut acceptis solidis ei plenariam munitionem scripto faciant. “Gregory, to the Proctor Fantinus: Of Cosmas, the Syrian, deeply in debt. “The bearer hereof, Cosmas the Syrian, has informed us that he contracted many debts in the business in which he was engaged. We believe it to be true; he has testified it with many tears and witnesses. And, as he owes 150 shillings, I wish his creditors would make some composition with him. And as the law regulates that no freeman shall be held for a debt, if there be no goods which can be attached for that debt, he says that his creditors The law to which the pope refers, and by which the persons of the unfortunate debtor and his family were protected, is found in Novell. 134, c. vii., and was enacted by Justinian I. in 541. Ne quis creditor filium debitoris pro debito retinere prÆsumat. Quia verÒ et hujuscemodi iniquitatem in diversis locis nostrÆ reipublicÆ cognovimus admitti, quia, creditores filios debitorum prÆsumunt retinere aut in pignus, aut in servile ministerium, aut in conductionem: hoc modis omnibus prohibemus: et jubemus ut si quis hujusmodi aliquid deliquerit, non solum debito cadat, sed tantam aliam quantitatem adjiciat dandam ei qui retentus est ab eo, aut parentibus ejus, et post hoc etiam corporalibus poenis ipsum subdi a loci judice; quia personam liberam pro debito prÆsumpserit retinere aut locare aut pignorare. “That no creditor should presume to retain for debt the son of the debtor. “And because we have known that this sort of injustice has been allowed in several places of our commonwealth,—that creditors presume to keep the children of their debtors, either in pledge or in slavish employment, or to hire them out. We by all means forbid all this: and we order that, if any person shall be guilty of any of these things, not only shall he lose the debt, but he shall in addition give an equal sum, to be paid to the person that was held by him, or to the parents of such person; and, beyond this, he shall be subjected to corporal punishment by the local judge, because he presumed to restrain or to hire out, or keep in pledge, a free person.” The following document will exhibit in some degree the origin of the principle of escheats to be found in slavery. The slave The document is found in lib. v. indic. xiv. epist. xii. Gregorius, MontanÆ et ThomÆ: Libertatem dat, et eos cives Romanos efficit. Cum Redemptor noster totius conditor creaturÆ ad hoc propitiatus humanam voluerit carnem assumere, ut divinitatis suÆ gratia, dirupto quo tenebamur captivi vinculo servitutis, pristinÆ nos restitueret libertati: salubriter agitur, si homines quos ab initio natura liberos protulit, et jus gentium jugo substituit servitutis, in e natur in qu nati fuerant, manumittentis beneficio, libertati reddantur. Atque ideo pietatis intuitu, et hujus rei consideratione permoti, vos Montanam atque Thomam famulos sanctÆ RomanÆ ecclesiÆ, cui, Deo adjutore, deservimus, liberos ex hac die, civesque Romanos efficimus, omneque vestrum vobis relaxamus servitutis peculium. Et quia tu, Montana, animum te ad conversionem fateris appulisse monachicam: idcirco duas uncias, quas tibi quondam Gaudiosus presbyter per supremÆ suÆ voluntatis arbitrium institutionis modo noscitur reliquisse, hac die tibi donamus, atque concedimus omnia scilicet monasterio Sancti Laurentii cui Constantina abbatissa prÆest, in quo converti Deo miserante festinas, modis omnibus profutura. Si quid vero de rebus suprascripti Gaudiosi te aliquomodo celasse constituerit, id totum ecclesiÆ nostrÆ juri sine dubio mancipetur. Tibi autem, suprascripto ThomÆ, quem pro libertatis tuÆ cumulo etiam inter notarios volumus militare, quinque uncias, quas prÆfatus Gaudiosus presbyter per ultimam voluntatem hereditario tibi nomine dereliquit, simul et sponsalia quÆ matri tuÆ conscripserat, similiter hac die per hujus manumissionis paginam donamus, atque concedimus, e sane lege, atque conditione subnexÂ, ut si sine filiis legitimis, hoc est, de legitimo susceptis conjugio, te obire contigerit, omnia quÆ tibi concessimus, ad jus sanctÆ RomanÆ ecclesiÆ sine diminutione aliqu revertantur. Si autem filios de conjugio, sicut diximus, “Gregory to Montana and Thomas: “He emancipates them, and makes them Roman citizens. “Since our Redeemer, the Maker of every creature, mercifully vouchsafed to take human flesh, that, breaking the chain by which we were held captive, he may, by the grace of his divinity, restore us to our first liberty, it is then salutary that they whom he at first made free by nature, and whom the law of nations subjected to the yoke of slavery, should in the nature in which they were born be restored to liberty by that kindness of their emancipator. And therefore, moved by this consideration, and in respect to piety, we make you, Montana and Thomas, slaves of the holy Roman church, in whose service we are by God’s help engaged, from this day forward free and Roman citizens. And we release to you all your allowance of slavery. “And because you, Montana, have declared that it was your wish to enter into the monastic state, we give and grant to you this day two ounces, which it is well known were formerly left as a legacy to you for inheritance by the priest Gaudiosus, to be by all means available to the monastery of St. Lawrence, over which Constantina is superioress, and into which you desire anxiously by God’s mercy to be admitted. But should it appear that you have concealed any of the effects of the said Gaudiosus, the entire thereof doubtless is by right for the service of our church. “But to you, the said Thomas, whom, in addition to the bestowal of freedom, we desire to be enrolled in service among our notaries, we likewise this day give and grant, by this charter of manumission, five ounces which the same Gaudiosus the priest left to you by name in his last will, and the portion which he assigned for “Know you, therefore, that what we have thus, by this charter of manumission, enacted and granted to you, bind, without any gainsay, ourselves and our successors for its observance. For the order of justice and of reason requires that he who desires his own commands to be observed by his successors, should also doubtless observe the will and the statutes of his predecessor. “We have dictated this writing of manumission to be copied by our notary Paterius, and have for its most perfect stability subscribed it with our hand, and with those of three of the more dignified priests and three deacons, and delivered them to you. “Done in the city of Rome, &c.” One of the subjects which at all times caused slavery to be surrounded with great difficulties was the result of marriage. The liability to separation of those married was a more galling affliction in the Christian law, where the Saviour made marriage indissoluble, and it often happened that an avaricious or capricious owner cared as little for the marriage bond as he did for the natural tie of affection. Hence, as Christianity became the religion of the state, or of the great body of the people, it was imperatively demanded that some restraint should be placed upon that absolute power which the owners sometimes abused, of wantonly making these separations. On the other hand, the association of the sexes made marriage desirable: it was ordained by God to be the general state of the bulk of mankind, and even the self-interest or the avarice of the master calculated upon its results. Then again the slave dreaded separation, not only because of the violence committed on the most sacred affections, but also because, though the husband and wife should be separated by impassable barriers, yet the bond of their union subsisted, and could be severed by death alone. This was a strong temptation to both master and slave to prefer concubinage to wedlock. Another difficulty arose, in cases of the colonist, by reason of The following law concerning marriages and the separation of married persons from each other, and of children from their parents, is of the same date. Novell. clvii. De Rusticis qui in alienis prÆdiis nuptias contrahunt. Tit. xl. Imp. Justin. August. Lazaro Comiti Orientis. PrÆfatio. Ex his quÆ diverso modo ad nos relata sunt, didicimus in Mesopotami et Osdroen provinciis quidquam delinqui, nostris plane temporibus indignum: consuetudinem etiam apud ipsos esse, ut qui ex diversis originem trahant prÆdiis, nuptias inter se contrahant. Inde sane conari dominos, de facto jam contractas nuptias dissolvere, aut procreatos filios a parentibus abstrahere, exindeque totum ilium locum misere affligi, dum et rusticani viri et mulieres ex un parte distrahantur, et proles his adimitur, qui in lucem produxerunt, et sol nostr opus esse providentiÂ. Cap. I. Sancimus igitur, ut prÆdiorum domini de cÆtero rusticos suos, prout voluerint, conservent: neque quisquam eos qui jam conjuncti sunt possit secundum consuetudinem prius obtinentem divellere, aut compellere ut terram ad ipsos pertinentem colant, abstrahereve a parentibus filios prÆtextu conditionis colonariÆ. Sed et si quid hujusmodi forte jam factum est, corrigi hoc simul, et restitui efficies, sive filios abstrahi contigerit, sive etiam mulieres, nempe vel a parentibus, vel contubernii consortibus: eo, qui reliquo deinceps tempore hujusmodi aliquid facere prÆsumpserit, etiam de ipso prÆdio in periculum vocando. Quare libera sunto contubernia metu, qui dudum ipsis immittitur, et parentes habento ex hac jussione filios suos: nequeuntibus prÆdiorum dominis subtilibus contendere rationibus, et vel nuptias contrahentes vel Epilogus. QuÆ igitur nobis placuerunt, et per sacram hanc pragmaticam declarantur fornam, eam providentiam habeto magnificentia tua, tibique obtemperans cohors, et qui pro tempore eundem magistratum geret; ut ad effectum deducantur conserventurque, trium librarum auri poena imminenti ei, qui ullo unquam tempore hÆc transgredi attentaverit. Dat. Kal. Maii, Constantinop. D.N. Justin. PP. Aug. Bisil. V.C. Cons. “Of country persons who contract marriage on divers estates. The Emperor Justinian Augustus, to Lazarus the Count of the East. “Preamble. We have learned by relation in various ways, that a delinquency quite unworthy of our times is allowed in the provinces of Mesopotamia and of Osdroene. They have a custom of having marriage contracted between those born on different estates: whence the masters endeavour to dissolve marriages actually contracted, or to take away from the parents the children who are their issue; upon which account that entire place is miserably afflicted, while country people, husbands and wives, are drawn away from each other, and the children whom they brought into light are taken away from them; and that there needs for the regulation only our provision. “Chapter I. Wherefore, we enact, that otherwise the masters of the aforesaid keep their colonists as they will; but, it shall not be allowed, by virtue of any custom heretofore introduced and in existence, to put away from each other those who were married, or to force them to cultivate the land belonging to themselves, or to take away children from their parents, under the colour of colonial condition. And you will be careful that if any thing of this sort has haply been already done, the same be corrected and restitution made, whether it be that children were taken away from their parents or women from their consorts of marriage. And for any who shall in future presume to act in this way, it shall be at the hazard of losing the estate itself. “Wherefore, let marriages of servants be exempt from that fear which has hitherto hung over them: and from the issue of this order, let the parents have their children. It shall not be competent for the lords of the estates to strive by any subtle arguments either to take away those who contract marriage, or their children. For he who shall presume to do any such thing shall incur the “Epilogue. That therefore which has been good in our view, and is declared by this sacred pragmatic form, let your magnificence provide to have carried into execution, and the cohort which obeys you, as also he who for the time being shall hold the same magisterial office. To the end, then, that this edict may produce its effect and continue in force, let him who may at any time violate its enactments be liable to a penalty of three pounds of gold. “Given at Constantinople, on the kalends of May, our most pious lord Justinian being Augustus, and the most renowned Basil being consul.” To rectify this, it became a principle, where an estate was large and the colonists numerous, to confine the choice of the servants within the bounds of the property; and thus marriage had its full sanctity, and families remained without separation. We have an instance of the exercise of this right, by Pope St. Gregory, in a document found in lib. x. indic. v. epist. 28. Gregorius, Romano Defensori. De filiis Petri defensoris extra massam in qua nati sunt non jungendis. Petrus quem defensorem fecimus, quia de massa juris ecclesiÆ nostrÆ, quÆ Vitelas dicitur, oriundus sit, experientiÆ tuÆ bene est cognitum. Et ideo quia circa eum benigni debemus existere, ut tamen ecclesiÆ utilitas non lÆdatur: hac tibi prÆeptione mandamus, ut eum districte debeas admonere, ne filios suos quolibet ingenio vel excusatione foris alicubi in conjugio sociare prÆsumat, sed in e massÂ, cui lege et conditione ligati sunt, socientur. In qu re etiam et tuam omnino necesse est experientiam esse sollicitam, atque eos terrere, ut qualibet occasione de possessione cui oriundo subjecti sunt exire non debeant. Nam si quis eorum exinde, quod non credimus, exire prÆsumpserit; certum illi est quia noster consensus nunquam illi aderit, ut foris de mass in qu nati sunt, aut habitare aut debeant sociari, sed et superscribi terram eorum. Atque tunc sciatis vos non leve periculum sustinere, si vobis negligentibus quisquam ipsorum quidquam de iis quÆ prohibemus facere qualibet sorte tentaverit. “Gregory to the Proctor Romanus. “Of not marrying the children of Peter the Proctor, without the limits of the estate upon which they were born. Many of the restrictions on marriage that are found in subsequent ages, under the feudal system, had their origin in this principle, because indeed the vassal, in feudal times, was but a slave under a more loose dominion in a mitigated form. The following document shows that, in the west, the separation of married persons was very uncommon, (quam sit inauditum atque crudele, unheard of and cruel.) It is found in lib. iii. indic. iii. ep. xii. Gregorius, Maximiano Episcopo Syracusano. De uxore cujusdam ablat et alteri venumdatÂ. Tanta nobis subinde mala, quÆ aguntur in ist provinciÂ, nunciantur, ut peccatis facientibus, quod avertat omnipotens Deus, celeriter eam perituram credamus. PrÆsentium namque portitor veniens lacrymabiliter quÆstus est, ante plurimos annos ab homine nescio quo de possessione Messanensis ecclesiÆ de fontibus se susceptum, et violenter diversis suasionibus puellÆ ipsius junctum, ex qu juvenculos filios jam habere se asseruit, et quam nunc violenter huic disjunctam abstulisse dicitur, atque cuidam alii venumdedisse. Quod si verum est, quam sit inauditum atque crudele malum, tua bone dilectio perspicit. Ideoque admonemus, ut hoc tantum nefas sub ea vivacite, quam te in causis piis habere certissime scimus, requiras atque discutias. Et si ita, ut supradictus portitor insinuavit, esse cognoveris, non solum quod male factum est, ad statum “Gregory to Maximian, Bishop of Syracuse. “Concerning the wife of some one that was taken away and sold to another. “We are told of so many bad things done in that province, that we are led to believe, which may God forbid, the place must soon be destroyed. “Now, the bearer of these presents complained to us in a pitiable manner, that many years ago, some man whom I know not, belonging to the church of Messina stood as his sponsor at baptism, and prevailed upon him by extreme urgency to marry his servant, by whom, he says, he has now young children, and whom now this man has violently taken away and sold to another. If this be true, you, our beloved, will see plainly how unheard of and how cruel is the evil. We therefore admonish you to look into and to sift so great a crime, with that earnestness which we assuredly know you have in matters of piety: and should you come to know that the fact is as the aforesaid bearer has stated, you will be careful not only to bring back to its former state that which was badly done, but you will quickly, by all means, have that punishment inflicted which may appease God. Give a severe lecture to the bishop that neglected to correct or to amend his people who do such things; setting before him that if a like complaint comes to us again of any one who belongs to him, canonical process for punishment shall issue, not against the one that shall have done wrong, but against himself.” LESSON XIV.The form of a deed of gift found in lib. ii. indic. xi. epist. 18: Gregorius, Theodoro Consiliario. Acosimum puerum dat per epistolam. Ecclesiasticis utilitatibus desudantes ecclesiastic dignum est remuneratione gaudere, ut qui se voluntariis obsequiorum necessitatibus spontÈ subjiciunt, dignÈ nostris provisionibus consolentur. “Gregory, to Theodore the Counsellor. “He, by letter, gives him the boy Acosimus. “It is fit that they who labour for the benefit of the church should enjoy a reward from the church, that they who voluntarily and of their own accord have undertaken burthensome duties should be worthily assisted by our provision. Because, therefore, we have known that you, Theodore, our counsellor, a most eloquent man, were not well provided with the service of slaves, we have ordered that a boy, by name Acosimus, of the Sicilian nation, should be given up and delivered to your right and dominion. And as you already have him in your possession by delivery, upon our will, it was necessary to fortify you with the authority of this writing as a testimony to the future and for protection of the gift: so that by God’s protection you may have power to possess him as his lord and master, always securely for ever and without any question being raised of his being in any way taken back. Nor indeed do we believe that there is any one who would desire or would attempt in any way to revoke so small a bounty given to you for your devotion, since it would be shameful to undo the good deeds of our predecessors, as it would to teach others that each could from time to time make the revocation of his own gift.” The next document is found in lib. x. indic. v. epist. 40: Gregorius, Bonito Defensori. De mancipio Fortunati Abbatis. Filius noster Fortunatus abbas monasterii sancti Severini, quod in hÂc urbe Roman situm est, latores prÆsentium, monachos suos, “Gregory, to the Proctor Bonitus. “Concerning the slave of the Abbot Fortunatus. “Our son Fortunatus, the abbot of the monastery of St. Severinus which is in the city of Rome, directing his monks, the bearers of these presents to your neighbourhood, to gather slaves belonging to the rights of his monastery, who are said to be there in concealment, begged that he should have your aid for that object. Wherefore, we command you, by this present order, that you would be alert in giving them all reasonable concurrence and aid; so that you being present there and comforting them in this business, they may, with God’s aid, be able in a wholesome manner the sooner to perform the duty which has been laid upon them.” The pope did not consider it unbecoming in the monastery of St. Severinus to hold slaves, nor irreligious for the abbot to send monks to bring back runaways, nor criminal for the monks to go looking for them, nor offensive to God, on his own part, to give letters to his officer and overseers to aid by all reasonable means to discover and to capture them. The following document enters into details for the recovery of a runaway slave. It is found in lib. vii. ind. ii. epist. 107. Gregorius Sergio Defensori. De Petro puero fug lapso. Filius noster vir magnificus Occilianus, tribunus HydruntinÆ civitatis, ad nos veniens, puerum unum, Petrum nomine, artis pistoriÆ, ex jure germani nostri, ad eum noscitur perduxisse. Quem nunc fug lapsum ad partes illas reverti cognovimus. Experientia ergo tua, antequam ad Hydruntinam civitatem valeat is ipse contingere, sub qu valueris celeritate, vel ad episcopum HydruntinÆ civitatis, vel ad prÆdictum tribunum, si vel alium quem in loco tuo te habere cognoscis, scripta dirigas, ut uxorem vel filios prÆdicti mancipii sub omni habere debeant cautel atque de ipso sollicitudinem gerere, ut preveniens valeat detineri, et mox, cum rebus suis omnibus quÆ ad eum pertinent navi impositis, per fidelem personam “Gregory, to the Proctor Sergius. “Concerning Peter, a servant who fled away. “Our son Occilianus, a highly respectable man, a tribune of the city of Otranto, brought with him to our cousin, as is known, when he was coming to us, a boy named Peter, a baker, who belonged to that cousin. We have now learned that he has run away, and returned to your country. Let then it be your care, experienced sir, before he shall be able to get back to Otranto, to direct, as quickly as you can, a writing to the bishop of Otranto, or to the foresaid tribune himself, or to any one else whom you know, that you can depute, to have a good care of the wife or children of the said slave, and to be very careful respecting himself, that as soon as he shall arrive he may be detained, and sent with every thing that pertains to him, by all means hither, embarking them on board a ship under care of some faithful person. “You, experienced sir, will therefore exert yourself to do this with all attention and effect, so as not to displease us by a delay or neglect, which we should not desire.” The following is taken from lib. viii. indic. iii. epist. 4. Gregorius, Fantino Defensori. De mancipiis Romani spectabilis viri. Mancipia juris Romani spectabilis memoriÆ viri, qui in domo su guÆ Neapoli sita est monasterium ordinari constituit, habitare in Sicili perhibentur. Et quia monasterium ipsum juxta voluntatem ejus, Deo auctore, noscitur ordinatum, experientia tua prÆsentium portitoribus, qui ad recolligenda mancipia ipsa illuc directi sunt, omni studio solatiari festinet, et recollectis eis, possessiones illi ubi laborare debeant, te solatiante, conducant. Et quidquid eorum labore accesserit, reservato unde ipsi possint subsistere, reliqua ad prÆdictum monasterium, experientiÆ tuÆ curÂ, annis singulis, auxiliante Domino, transmittantur. “Gregory, to the Proctor Fantinus. “Concerning the slaves of the honourable man Romanus. “The slaves of the man of honourable memory, Romanus, who directed that his house in Naples should be formed into a monastery, are said to dwell in Sicily. And as it is known that, with God’s Gregorius, Vitali Defensori SardiniÆ. De Barbaricinis mancipiis comparandis. Bonifacium prÆsentium portitorem, notarium scilicet nostrum, nos experientia tua illuc transmisisse cognoscat, ut in utilitatem parochiÆ Barbaricina debeat mancipia comparare. Et ideo experientia tua omnino et studio sesolliciteque concurrat, ut bono pretio, et talia debeat comparare, quÆ inministerio parochiÆ utilia valeant inveniri, atque emptis eis huc Deo protegente is ipse celerius possit remeare. Ita ergo te in hac re exhibere festina, ut te quasi servientium amatorem, quorum usibus emuntur, ostendas, et nobis ipsi te de tu valeant sollicitudine commendare. “Gregory, to Vitalis, Proctor of Sardinia. “Of buying Barbary slaves. “Know, experienced sir, that Boniface, our notary, the bearer of these presents, has been sent by us to your place to purchase some Barbary slaves for the use of the hospital. And therefore, you will be careful to concur diligently and attentively with him, that he may buy them at a good rate, and such as would be found useful for the service of the hospital. And that having bought them, he may, under the protection of God, very speedily return hither. Do you then be prompt to show yourself in this business so as to exhibit your affection for those who serve the hospital, and for whose use the purchase is made, and that they may have it in their power to commend you to us for your zeal in their regard.” The word parochiÆ, which is translated “hospital,” is more properly ptochia in some of the ancient MSS., which is a sort of Latinized imitation of pt???a—a house for feeding the poor. Gregory had a large establishment of this description in Rome, attended by pious monks, for whose service those barbarians were purchased. Procopius informs us, lib. ii. de Bello Vandanco, cap. 13, who these Barbary slaves were. “When the Vandals had conquered This is the first instance on record of the purchase of negro slaves by the church, and occurred about the year 600. At that time, white slaves cost less than the expense of importation from Africa. In his sixth book, ep. 21, Gregory commands the priest Candidus, who was his agent in Gaul, to purchase four of the brothers of one Dominic, who complained to him that they were redeemed from their captors by Jews in Narbonne, and held by them in slavery. The seventh book, ep. 22, to John, the bishop of Syracuse, is a very curious document. It recites the case of one Felix, who was a slave born of Christian parents, and given in his youth as a present to a Jew by a Christian owner: he served illegally during nineteen years the Jew who was disqualified from holding a Christian slave; but Maximinian the former bishop of Syracuse, learning the facts, had, as in duty bound, Felix discharged from this service and made free. Five years subsequently, a son of the Jew became, or pretended to become, a Christian, and being thus qualified to hold a Christian slave, claimed Felix as his property. Felix appealed to the pope, and the letter to the bishop of Syracuse is a decision in favour of his freedom, containing also an order to the bishop to protect him and defend his liberty. We have heretofore, in our fifth lesson, noticed the doctrine of the church, that the civil power had the prerogative of making laws in regard to slavery; although, at that time, paganism may be said to have governed the world. And while we travel rapidly through the seventh century, finding the Roman Empire, the mistress of the world, now tottering to decay; the Lombards firmly The church may now be considered strong; and although the civil power is regarded as the legitimate legislative authority, yet, in no instance, are the laws found to run counter to the doctrines of the church on this subject. In the precept of King Clotaire II. for endowing the abbey of Corbey, after the grant of the parcels of land therein recited, he adds, “unÀ cum terris, domibus, mancipiis, Ædificiis, vineis, silvis, pratis, pascuis, farinariis, et cunctis appenditiis,” &c.—Together with the lands, houses, slaves, buildings, vineyards, woods, meadows, pastures, granaries, and all appendages. And the abbey not only possessed the slaves as property, but by the same precept had civil jurisdiction over all its territory and all persons and things thereon, to the exclusion of all other judges. The fourth council of Toledo, in 633, in its fifty-ninth canon, by the authority of King Sisenand and his nobles in Spain, restored to liberty any slaves whom the Jews should circumcise, and in the sixty-sixth canon, by the same authority, Jews were thenceforth rendered incapable of holding Christian slaves. The seventieth and the seventy-first canons regulated the process regarding the freed persons and colonists of the church, and the latter affixed a penalty of reduction to slavery for neglect of formal observances useful to preserve the evidence of title for the colonist. The seventy-second canon places the freed persons, whether wholly manumitted or only conditioned, when settled under patronage of the church, under the protection of the clergy. The seventy-fourth allows the church to manumit worthy slaves belonging to herself, so that they may be ordained priests or deacons, but still keeps the property they may acquire, as belonging to the church which manumitted them, and restricts them even in their capacity as witnesses in several instances; and should they violate this condition, declares them suspended. In the year 650, which was the sixth of King Clovis II., a council was held at Chalons. The canon begins with the announcement— Pietatis est maximÆ et religionis intuitus, ut captivitatis vinculum omnino À Christianis redimatur. Unde sancta synodus noscitur “It is a work of the greatest piety, and the intent of religion, that the bond of captivity should be entirely redeemed from Christians. Whence it is known to be the opinion of the holy synod, that no one ought, at all, to sell a slave beyond the dominions of our lord Clovis the king; lest, which God forbid, Christian slaves should be kept entangled in the chains of captivity, or what is worse, under Jewish bondage.” In the tenth council of Toledo, celebrated in the year 656, in the reign of Receswind, king of the Goths, the seventh chapter is a bitter complaint of the practice, which still prevailed among Christians, of selling Christian slaves to the Jews, to the subversion of their faith or their grievous oppression. In the year 666, a council was held in Merida, in Spain. The eighteenth canon of which allows that, of the slaves belonging to the church, some may be ordained minor clerks, who shall serve the priests as their masters with due fidelity, receiving only food and raiment. The twentieth chapter complains of many irregularities in the mode of making freedmen for the service of the church, regulates the mode of making them, and provides for the preservation of the evidence of their obligation and the security of their service. The twenty-first regulates the extent to which a bishop shall be allowed to grant gifts to his friends, the slaves, the freedmen, or others. The thirteenth council of Toledo was held in the year 683, in the reign of Ervigius, the successor of Wamba. There was an old law of the Goths, found in lib. v. tit. vii., and repeated in other forms in lib. x. and xi., regulating that no freedman should do an injury or an unkindness to his master, and authorizing the master who had suffered, to bring such offender back again to his state of slavery. And in lib. xvii. the freedman, and his progeny for ever, were prohibited from contracting marriage with the family of their patron or behaving with insolence to them. King Ervigius was reminded by many of his nobles that former kings, in derogation of this law, had given employments about the palace to slaves and to freedmen, and even sustained them in giving offence to The third council of Saragossa was celebrated in the year 691, in the reign of Egica, king of the Goths. In Toledo, it had been enacted, that any freedman of the church, who did not comply with certain regulations, should lose his freedom and be reduced to slavery. One of the conditions was, that any person pretending to have been manumitted, or claiming as the descendant of a freedman, should, upon the death of the bishop, exhibit his papers to the successor of the deceased, within a year, or, upon his neglect, should be declared a slave. The object of this was to discern those who were partially free from the perfect slave, and to cause the former to preserve their muniments. The fathers of Saragossa, however, discovered that some of the bishops, studying their own gain, had been too rigid in enforcing this law, and thereby reduced several negligent or ignorant persons to bondage; in order then to do justice, they enacted in their fourth chapter, that the year within which the documents should be exhibited should not commence to run until after the new bishop, subsequently to his institution, should have given sufficient notice to those claiming to be put in partial service, to produce their papers. The sixteenth council of Toledo was held in the year 693. The fifth chapter of the acts, determining when a priest may hold two churches, has the following passage: Ut ecclesia, quÆ usque ad decem habuerit mancipia, super se habeat sacerdotem, quÆ vero minus decem mancipia habuerit aliis conjungatur ecclesiis. “That the church which shall have as many as ten slaves shall have one priest over it, but that one which shall have less than ten slaves shall be united to other churches.” In the tenth chapter of the acts of the same council, not only was excommunication pronounced against all who should be guilty of high treason against Egica, the king of the Gothic nation, but the bishops and clergy united with the nobles (palatii senioribus) and the popular representatives in condemning traitors and their The laws of Ina, king of the West Saxons, about the year 692, were made for the regulation of religion: Servus, si quid operis patrÂrit die Dominico ex prÆcepto domini sui, liber esto, dominus triginta solidos dependito. Verum si id operis injussu domini sui aggressus fuerit, verberibus cÆditor, aut saltem virgarum metum precio redimito. Liber, si die hoc operetur injussu domini sui, aut servituti addicitor, aut sexaginta solidos dependito. Sacerdos, si in hanc partem deliquerit, poena in duplum augeator. “If a slave shall do any work on the Lord’s day, by order of his master, let him become free, and let the master pay thirty shillings, (another copy adds, ‘ad witam,’ as a fine.) But, if he went to this work without his master’s command, let him be cut with whips, (another copy has ‘corium perdat,’ let him lose his skin,) or at least, let him redeem the fear of the scourge by a price. A freeman, if on this day he shall work without the order of his lord, let him be reduced to slavery, or pay sixty shillings. Should a priest be delinquent in this respect, his penalty shall be increased to double.” In the eighth, the division of the weregild for the killing of a stranger: Wallus censum pendens annuum, 120 solidorum Æstimatur, filius ejus 100. Servus, alias 60, alias 50, solidis valere putatur. Wallus virgarum metum 12 solidis redimito. Wallus quinque terrÆ hydas possidens 600 solidis Æstimandus est. “A stranger paying a yearly rent is to be rated at 120 shillings, his son at 100. A slave at either 50 or 60, is a fair estimation. Let a stranger redeem his fear of whipping for 12 shillings. A stranger being in possession of five hydes of land is to be valued at 600 shillings.” The seventeenth council of Toledo was celebrated in 694, in the reign of Egica. It was enacted— Si quis servum proprium sine conscienti judicis occiderit, excommunicatione biennii sanguinis se mundabit. “If any one shall put his own slave to death, without the knowledge of the judge, he shall cleanse himself the blood by an excommunication of two years.” In the council of Berghamstead, near Canterbury, held in 697, under Withred, king of Kent, at which Gebmund, bishop of Rochester, The ninth canon in this collection is the following: Si quis servum suum ad altare manumiserit, liber esto, et habilis sit ad gaudendum hereditate et wirigildo, et fas sit ei ubi volet sine limite versari. “If any person shall manumit his servant at the altar, let him be free, and capable of enjoying inheritance and weregild, and let it be lawful for him to dwell where he pleases without limit.” The tenth canon is: Si in vesper prÆcedente diem solis postquam sol occubuit, aut in vesper prÆcedente diem lunÆ post occasum solis, servus ex mandato domini sui opus aliquod servile egerit, dominus factum octoginta solidis luito. “If on the evening preceding Sunday, after the sun has set, or on the evening preceding Monday, after the setting of the sun, a slave shall do any servile work by command of his master, let the master compensate the deed by eighty shillings.” The eleventh: Si servus hisce diebus itineraverit, domino pendat sex solidos, aut flagello cÆdatur. “If a servant shall have journeyed on these days, let him pay six shillings to his master, or be cut with a whip.” The thirteenth: Si paganus uxore nesci diabolo quid obtulerit, omnibus fortunis suis plectatur et collistrigio. Sin et ambo pariter itidem fecerint, omnium bonorum suorum amissione ipsa etiam luat et collistrigio. “If a villain, without the knowledge of his wife, shall have offered any thing to the devil, let him be punished by the loss of all his fortune and by the pillory. And if both did so together, let her also lose all her goods and be punished by the pillory.” The English villain was the colonist of the European continent, and in the Speculum Saxonicum, lib. i. art. 3, his imperfect liberty is compared with the freeman. Also in Du Cange, Paganus, Pagenses, &c. The fourteenth: Si servus diabolo offerat, sex dependat solidos, aut flagro vapulet. The fifteenth: Si quis servo carnem in jejunio dederit comedendam, servus liber exeat. “If any one shall give his slave flesh-meat to eat on a fast-day, let the slave go out free.” The sixteenth: Si servus ex sponte su eam ederit, aut sex solidis aut flagello. “If the slave shall eat it of his own motion, let the penalty be either six shillings or a whipping.” After regulating the mode of declaration of swearing and of compurgation, for the king, the bishop, the abbot, the priest, the deacon, the cleric, the stranger, and the king’s thane, the twenty-first canon enacts— Paganus cum quatuor compurgatoribus, capite suo ad altare inclinato, semet eximat. “Let the villain deliver himself with four compurgators, with his head bowed down to the altar.” The twenty-third: Si quis Dei mancipium in conventu suo accusaverit, dominus ejus eum simplici suo juramento purgabit, si eucharistiam susceperit. Ad eucharistiam autem si nusquam venerit, habeat in juramento fidejussorem bonum, vel solvat, vel se tradat flagellandum. “If any person shall accuse a slave of God in his convent, his lord shall purge him with a simple oath, if he shall have received the eucharist. But if he has never come to the eucharist, let him in his oath have a good surety to answer, or let him pay or give himself up to be whipped.” The slave of God was one belonging to a monastery, of whom there appear to have been a good number in England, at that period, as well as on the continent. The previous canon had legislated for the bishop’s dependants as distinguished from the slave of the monastery. The twenty-fourth canon is: Si servus viri popularis servum viri ecclesiastici accusaverit, vel servus ecclesiastici servum viri popularis, dominus ejus singulari suo juramento eum expurgabit. “If the slave of a lay person shall accuse the slave of a clergyman, or if the slave of a clergyman shall accuse the slave of a layman, let his master purge him by his single oath.” Si quis eum occiderit, domino ejus dimidium pendito. “If any one shall slay him, let him pay to his master one-half.” In Germany, however, as yet, in most places paganism prevailed, and human sacrifices were offered. St. Boniface had been sent by the Holy See to endeavour to reclaim to religion and to civilization the nations or tribes that composed this undefined extent of territory. We find in a letter of Pope Gregory III., written in answer to his request for special instructions, about the year 735, the following paragraph: HÆc quoque inter alia crimina agi in partibus illis dixisti, quod quidam ex fidelibus ad immolandum paganis sua venumdent mancipia. Quod ut magnopere corrigere debeas, frater, commonemus, nec sinas fieri ultra: scelus est enim et impietas. Eis ergo qui hÆc perpetraverunt, similem homicidÆ indices poenitentiam. “You have said that, among other crimes, this was done in those parts, that some of the faithful sold their slaves to pagans to be immolated. Which you should use all your power to correct, nor allow it to be done any more: for it is wickedness and impiety. Impose then upon its perpetrators the same penance as for homicide.” LESSON XVI.Theodore, archbishop of Canterbury, governed the English church from 670 to 690, when he died. The following extracts are from his canonical regulations: VII. GrÆci et Romani dant servis suis vestimenta, et laborant excepto Dominico die. GrÆcorum monachi servos non habent, Romani habent. “The Greeks and Romans give clothing to their slaves, and they work except on the Lord’s day. The Greek monks have not slaves, the Romans have.” XVII. Ingenuus cum ingenu conjungi debet. “A free man should be married to a free woman.” “He who, by the command of his master, shall kill a man, shall fast forty days.” The seventy-first prohibits the intermarriages of those slaves whose owners will prevent their living together. The seventy-fourth regulates, that if a free pregnant-woman be sold into slavery, the child that she bears shall be free; all subsequently born shall be slaves. LXXIX. Pater filium necessitate coactus in servitium sine voluntate filii tradat. “A father, compelled by necessity, may deliver his son into slavery without the will of that son.” LXXXIX. Episcopus et abbas hominem sceleratum servum possunt habere, si precium redimendi non habet. “A bishop or an abbot can hold a criminal in slavery, if he have not the price of his redemption.” CXVII. Servo pecuniam per laborem comparatam nulli licet auferre. “It is not lawful for any one to take away from a slave the money made by labour.” In the council of Verberie, held in a palace of King Pepin, the sixth canon made regulations in the case of marriage between free persons and slaves. The following are its provisions: 1. If any free person contracted marriage with a slave, being at the time ignorant of the state of bondage of that party, the marriage was invalid. 2. If a person under bond should have a semblance of freedom by reason of condition, and the free person be ignorant of the bondage, and this bond person should be brought into servitude, the marriage was declared originally void. 3. An exception was made where the bond person, by reason of want, should, with the consent of the free party, sell himself or herself into perfect slavery with the consent of the free party; then the marriage was to stand good, because the free party had consented to the enslavement, and profited of its gains. The seventh canon would seem to show that a slave could hold property in slaves: Si servus suam ancillam concubinam habuerit, si ita placet, potest ill dimiss comparem suam ancillam domini sui accipere: sed melius est suam ancillam tenere. The eighth canon provided, in the case of a freedman who, subsequently to his liberation, committed sin with the female slave of his former master, that the master should have power, whether the freedman would or not, to compel him to marry that female slave; and should this man leave her, and attempt a marriage with another woman, this latter must be separated from him. The thirteenth declares that when a freeman, knowing that the woman whom he is about to marry is a slave, or, not having known it until after marriage, voluntarily upon the discovery consents to the marriage, it is thenceforth indissoluble. The nineteenth declares that the separation of married parties, by the sale of one who is a slave, does not affect the marriage. They must be admonished, if they cannot be reunited, to remain continent. The twentieth provides for the case of a male slave freed by letter, (chartellarius,) who, having for his wife taken a slave with the lawful consent of her master, and leaving her, takes another as his wife. The latter contract is void, and the parties must separate. Another assembly was held by King Pepin, in Compeigne, forty-eight miles north-east of Paris, where he had a country-seat. At this assembly also the prelates held a council in 757, and made eighteen canons. The fourth makes provision for the case of a man’s giving his free step-daughter in wedlock to a freeman or to a slave. The fifth declares void the marriage between a free person and a slave, where the former was ignorant of the condition of the latter. The sixth regards a case of a complicated description, where a freeman got a civil benefice from his lord, and takes his own vassal with him, and dies upon the benefice, leaving after him the vassal. Another freeman becomes invested with the benefice, and, anxious to induce the vassal to remain, gives him a female serf attached to the soil as his wife. Having lived with her for a time, the vassal leaves her, and returns to the lord’s family, to which he owed his services, and there he contracts a marriage with one of the same allegiance. His first contract was invalid, the second was the marriage. In the year 772, a council was held in Bavaria, at a place called We have then sixteen amendments of the national law. The first regulates, by the authority of the prince and consent of the whole assembly, that henceforth no slave, whether fugitive or other, should be sold beyond the limits of the territory, under penalty of the payment of his weregild. In the second, among other things, it is enacted that if a slave should be killed in the commission of house-breaking, his owner is to receive no compensation; and should the felon who is killed in man-stealing, when he could not be taken, whether it be a freeman or a slave that he is carrying off, no weregild shall be paid by the slayer, but he shall be bound to prove his case before a court. The seventh regards the trial by ordeal of slaves freed by the duke’s hand. The eighth establishes and guards the freedom, not only of themselves, but of their posterity, of those freed in the church, unless when they may be reduced to slavery from inability to pay for damages which they had committed. The ninth contains, among other enactments, those which explain the tenth canon of the council. After specifying different weregilds for freed persons, it says— Si ancilla libera dimissa fuerit per chartam aut in ecclesiÂ, et post hÆc servo nupserit, ecclesiÆ ancilla permanebit. “Should a female slave be emancipated by deed or in the church, and afterwards marry a slave, she shall be a slave to the church.” It then continues, respecting a woman originally free, and the nobilis of canon x.: Si autem libera Bajoaria servo ecclesiÆ nupserit, et servile opus ancilla contradixerit, abscedat. “But if a free Bavarian female shall have married a servant of the church, and the maid will not submit to servile work, she may depart.” Si autem ibi filios et filias generaverit, ipsi servi et ancillÆ permaneant, potestatem exinde (exeundi) non habeant. Her freedom was not, however, immediately destroyed, for the law proceeds— Illa autem mater eorum, quando exire voluerit, ante annos iii, liberam habeat potestatem. “But she, their mother, when she may desire to go forth before three years, shall have free power therefor.” In this case the marriage subsisted, but the free woman could separate, without however the marriage-bond being rent. If she remained beyond the time of three years, she lost her freedom; and it shows us that, probably, previous to this amendment, any free woman who married a slave, thereby lost her own freedom; and that the tenth canon, showing the marriage of which it treated to be invalid, showed that the woman should not lose her liberty. The concluding provision of the ninth law is as follows: Si autem iii annos induraverit opus ancillÆ, et parentes ejus non exadomaverunt eam ut libera fuisset, nec ante comitem, ducem, nec ante regem, nec in publico mallo, transactis tribus kalendis Martis, (Martu,) post hÆc ancilla permaneat in perpetuum, et quicumque ex ea nati fuerint servi et ancillÆ sunt. “But if she shall have continued three years doing the work of a slave, and her relations have not brought her out so that she should be free, either before the count, or the duke, or the king, or in the public high court, (mall,) when the kalends of March shall have thrice passed, after this she shall remain perpetually a slave, and they who shall be born of her, male and female, shall be slaves.” In 774, Pope Adrian I. delivered to Charlemagne a digest of canon law, then in force, in which we find— “The third of GangrÆ, condemning as guilty of heresy those who taught that religion sanctioned the slave in despising his master; the thirtieth in the African collection, which showed that the power of manumission in the church was derived from the civil authority; the one hundred and second of the same, which declared slaves and freed persons disqualified to prosecute, except in certain cases and for injuries done to themselves.” 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, XX. De mancipiis quÆ venduntur, ut in prÆsenti episcopi vel comitis sit, aut in prÆsenti archdiaconi, aut centenarii, aut in prÆsenti 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 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 licenti 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. “If any person shall sacrifice a man to the devil, and offer him as a victim to devils after the fashion of pagans, he shall be put to death.” An explanation of this will be found where Pope Gregory III. answers St. Boniface, who informed him that unfortunate slaves were bought to be thus immolated. XI. Si quis filiam domini sui rapuerit, morte moriatur. “If any one shall do violence to his master’s daughter, he shall be put to death.” XII. Si quis dominum suum vel dominam suam interfecerit, simili modo puniatur. “If any one shall kill his master or his mistress, he shall be punished in like manner.” XIV. De minoribus capitulis consenserunt omnes, ad unamquamque ecclesiam curtem et duas mansas terrÆ pagenses ad ecclesiam recurrentes condonent: et inter centum viginti homines nobiles et ingenuos, similiter et litos, servum et ancillam eidem ecclesiÆ tribuant. In this newly settled ecclesiastical province the provision made for the support of religion consisted of land and slaves. LESSON XVII.Upon the ascension of Charlemagne to the imperial throne, the Roman Empire may date its extinction. But, in the reign of the Franks, in their succession to the throne of the western empire, we fail to find any change of doctrine on the subject of slavery. But the Lombards had long disturbed Italy: Charlemagne succeeded in reducing them to better order, and, in the year 801, amended their laws. One chapter assimilated to that of France and of Germany: VI. De Aldionibus publicis ad jus publicum pertinentibus. Aldiones vel Aldianes e lege vivant in ItaliÂ, in servitute dominorum suorum, qu fiscalini vel liddi vivunt in FranciÂ. “Of the public Aldions, belonging to the public estate. “The Aldions, or Aldians, shall in Italy exist upon the same principle in the service of their masters that the fiscals and lids do exist in France.” The Aldions were bond-men or bond-women, whose persons were not at the disposal of their masters, nor did they pass with the land as colonists did, but their masters or patrons had certain claims upon stated services from them. They were generally either freed persons or the descendants of those who had been manumitted upon the condition of performing stipulated services; and if they failed to perform these, they were liable to be reduced to slavery. The lidus or liddus or litus of the Saxon was so called from being spared in the conquest, and left on the land, with the obligation of paying the master, who owned it and himself, a certain portion of its produce, and doing him other fixed services. Thus neither of them was an absolute slave whose person and property VIII. De servis fugacibus. Ubique intra Italiam, sive regius, sive ecclesiasticus, vel cujuslibet alterius hominis servus fugitivus inventus fuerit À domino suo sine ull annorum prÆscriptione vindicetur, e tamen ratione, si dominus Francus sive Alemannus, aut alterius cujuslibet nationis sit. Si vero Longobardus aut Romanus fuerit, e lege servos suos vel adquirat vel admittat, quÆ antiquitÙs inter eos constitutus est. “Concerning runaway slaves. “Wheresoever within the bounds of Italy, either the runaway slave of the king or of the church or of any other man shall be found by his master, he shall be restored without any bar of prescription of years; yet upon the provision that the master be a Frank or a German or of any other nation, (foreign.) But if he be a Lombard or a Roman, he shall acquire or receive his slaves by that law which has been established from ancient times among them.” Here is evidence of the prevalent usage of the church holding property in slaves, just as commonly as did the king or any other person. In the year 805, Charlemagne published a capitulary at Thionville, in the department of Moselle, France, (Theodonis villa.) In the chap. xi. we read— De servis propriis vel ancillis. De propriis servis et ancillis, ut non suprÀ modum in monasteria sumantur, ne deserentur villÆ. “Concerning their own male or female slaves. “Let not an excessive number of their own male or female slaves be taken into the monasteries, lest the farms be deserted.” This capitulary regards principally the regulation of monasteries. St. Pachomius, who was born in Upper Egypt, in 292, and who was the first that drew up a regular monastic rule, would never admit a slave into a monastery. Tillemont, vii. p. 180. In the year 813, a council was held at Chalons, the portions of whose enactments in any way affecting property or civil rights 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 potestiv 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. 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. “Let no one, whether freeman or slave, presume to create any impediment in the election of the Roman pontiff.” Which leads us to suspect that some slaves possessed considerable power or influence. In the second chapter, fines are imposed for creating riots in Et qui non habet unde ad ecclesiam persolvat, tradat se in servitio eidem ecclesiÆ, usque dam totum debitum persolvat. “And let him who has not the means of paying the church, give himself in servitude to that same church until he pays the whole debt.” By the tenth chapter he restrained the power of manumission. Quod per xxx annos servus liber fieri non possit, si pater illius servus, aut mater ancilla fuit. Similiter de Aldionibus prÆcipimus. “That a slave whose father or whose mother was a slave cannot become free before thirty years of age. We order that the same shall be the case respecting Aldions.” In the twelfth he states that these are but a continuance of the laws of his grandfather Charles and of his father Louis. And in tit. i. 12 of Ulpian, reference is made to a variety of enactments of the ancient Roman law, that a slave manumitted under the age of thirty could not be a Roman citizen except by a special grant of a court. The thirteenth declares that free women who unite with their own slaves are in the royal power, and are given up, together with their children, to slavery among the Lombards. The fourteenth enacts that a free woman who shall unite herself to the male slave of another, and remain so for a year and a day, shall, together with her children, become enslaved to her husband’s owner. The fifteenth regulates that if the free husband of a free woman shall, for crime or debt, bring himself into servitude to another, and she not consent to remain with him, the children are free; but if she die, and another free woman, knowing his condition, marries him, the children of this latter shall be slaves. A number of chapters are also on these records showing the insufficiency of servile testimony. Others provide against the oppression of poor freemen, so that they shall not be easily compelled to sell themselves into slavery. About the year 860, Pope Nicholas I. sent to the newly converted Christians of Bulgaria answers to several inquiries which they made for the regulation of their conduct. The ninety-seventh regards slaves who accuse their masters to the prince or to the court: and the pope refers them to the obligation of the master as given in chapter vi. of the epistle of St. Paul to the Ephesians, At this period of time, the piratical wars of the Northmen, who were perpetually making inroads on the rest of Europe, kept the whole of Christendom in commotion, and marked perhaps the darkest period of the dark ages. LESSON XVIII.UNCONNECTED FACTS. In 1030, Peter, bishop of Girona, in Spain, came to Rome, and begged leave of the pope (John XIX.) to wear the pall twelve days in the year, promising to redeem thirty slaves then in captivity among the Saracens, provided his holiness granted him this request. It was readily granted. See Bower, vol. v. p. 153. Shortly after the 30th October, 1051, Pope Leo IX., having visited Vercelli and Augsburg, returned to Rome, and held a council soon after Easter, in which he excommunicated Gregory, bishop of Vercelli, for committing adultery with a widow betrothed to his uncle. The bishop was absent when this sentence was given, but he flew to Rome as soon as he heard of it; and upon his promising to perform the penance that his holiness imposed upon him, he was absolved from the excommunication, and restored to the functions of his office. On that occasion the canons issued by other councils against the incontinence of the clergy were confirmed, and “some new ones were added, and, in order to check more effectually the scandalous irregularity of the Roman clergy in particular, it was decreed, at the request of the pope, that all women who should for the future prostitute themselves to the priests within the walls of Rome should be condemned to serve as slaves in the Lateran palace.” See Herman, ad an. 1051; also Bower, idem, p. 183. By one of Constantine’s laws, they who ravished virgins or stole them, even with their consent, against the will of their parents, “As you desire us to allow Divine service to be performed among you in the Sclavonian tongue, know that by no means can I grant your request, it being manifest to all, who will but reflect, that it has pleased the Almighty that the Scripture should be withheld from some, and not understood by all, lest it should fall into contempt, or lead the unlearned into error. And it must not be alleged that all were allowed, in the primitive times, to read the Scriptures, it being well known that in those early times the church connived at many things, which the holy fathers disapproved and corrected when the Christian religion was firmly established. He cannot therefore grant, but absolutely forbid, by the authority of Almighty God and his blessed apostle Peter, what you ask, and command you to oppose to the utmost of your power all who require it.” Greg. l. vii. ep. ii.; also Bower, idem, p. 279. On the subject of the above letter, it should be remembered none spoke the Sclavonic at that day except the Sclavonians themselves; that the great mass of that people were slaves, either to some few individuals of their own nation, or to the other European nations, by whom they had been captured, or to whom they had been sold. They were a nation of slaves, and hence the Romans called their language Servian, from servus, a slave. There is still extant among the ancient German archives some account of the physical and moral appearance of this people, representing them as robust, filthy, faithless, and extremely wicked. They called themselves sclava or sclavas, &c., which word, in their language, implied an elevated distinction, and was in common use as a suffix to individual names, indicating that the person was highly elevated among his countrymen, as in this case, Vrati-Slaus—indicating “The Sclavonian language we justly commend,” says the pope in his letter to the prince, “and order the praise and the works of Christ our Lord to be celebrated in that tongue, being directed by Divine authority to praise the Lord, not in three only, but in all languages, agreeably to what we find in holy writ—‘Praise ye the Lord, all ye nations, and bless him, all ye people.’ The apostles announced the wonderful works of God in all languages,” &c., “and he who made the three chief languages, the Hebrew, the Greek, and the Latin, created all the rest for his praise and glory.” See Johan. ep. 247. The same privilege was granted by the Greek church to the Russians, who speak the Sclavonian language; and they perform, to this day, as well as the Moravians, Divine service in their native language. The pope, however, ordered the gospel to be first read in Latin, and afterwards, for the sake of those who understood not that language, in the Sclavonian. (See Bower, idem, p. 37.) It is not relevant to our subject to inquire what facts presented themselves to the mind of Gregory VII., whereby he apprehended that the Scripture might “fall into contempt,” or they “lead the unlearned “Behold, these three years I come seeking fruit on this fig-tree, and find none: cut it down; why cumbereth it the ground? And he answering, said unto him, Lord, let it alone this year also, till I may dig about it, and dung it: and if it bear fruit, well; and if not, then after that thou shalt cut it down.” Luke xiii. 7. Our English word war is of Saxon origin, (Sax. waer,) and from whence has also been derived many of the corresponding terms in the present European languages. Its primary sense implies the action of a competent power in accomplishing something. But, like many other words, its use has degenerated into various shades of meaning. The corresponding Greek term, palemos, from pallo, or its cognate, ballo, seems originally to have been illustrative of offensive and coercive action, and hence implies all the agitative and repulsive movement illustrated by our present word battle: whereas the Hebrew term, laham, cognate with Ham, on whose descendants the curse of slavery was pronounced by Noah, involves the idea of destruction, as a thing burned, consumed, devoured, and destroyed; hence the Hebrews would say, the sword devoured, that is, eats up, &c.; yet their term gerav, or kerab, boldly implied offensive and opposing force; hence, to advance upon, or, to approach unto, in which sense it was often used, as well as to imply conflict and war. We wish to illustrate the fact that, when the mind of a Hebrew was in exercise with the complex idea which we express by the term war, the conception embraced a larger portion of the simple elements which enter into the complex ideas of destruction, annihilation, and death, than is now found associated in the mind of the more highly cultivated descendants of the Caucasian races. In the idea war, with him, the leading sentiment was the extinction of those against whom the war was waged. Their doctrine, that God governed the world; that the Hebrews were his chosen people; that no war was justifiable unless authorized by Jehovah; that the object of war was to destroy from the earth those who were too wicked to live, or to place in subjection and servitude, those who manifested a less degree of stubbornness, but whose sins made them a nauseant, a nuisance, in the world; that God always governed a war in such a manner as rendered it a punishment for sins. Hence the law of Deut. xx. 13, 14, before quoted. Hence the wars of the Israelites are named as “the wars of the Lord,” Numb. xxi. 14. Hence, we find in Ex. xvii. 16, “The Lord hath sworn that the Lord will have war with Amalek from generation to “O God the Lord, the strength of my salvation, thou hast covered my head in the day of battle.” cxiv. 7. “Blessed be the Lord God of my strength, which teacheth my hands to war and my fingers to fight.” cxliv. 1. So the prophets: “A noise shall come even to the ends of the earth, for the Lord hath a controversy with the nations; he will plead with all flesh: he will give them that are wicked to the sword.” Jer. xxv. 31. “And I will smite thy bow out of thy left hand, and will cause thy arrows to fall out of thy right hand. “Thou shalt fall upon the mountains of Israel, thou, and all thy bands, and the people that is with thee: I will give thee unto the ravenous birds of every sort, and unto the beasts of the field, to be devoured. Thou shalt fall upon the open field: for I have spoken it, saith the Lord God.” Ezek. xxxix. 3–5. “And the Lord said, Like as my servant Isaiah hath walked naked and barefoot three years for a sign and wonder upon Egypt and upon Ethiopia; “So shall the king of Assyria lead away the Egyptians prisoners, and the Ethiopians captives, young and old, naked and barefoot, even with their buttocks uncovered, to the shame of Egypt.” Isa. xx. 2, 3, 4. And again, “The word of the Lord came again unto me, saying, Son of man, prophesy and say, Thus saith the Lord God; Howl ye, Wo worth the day! “For the day is near, even the day of the Lord is near, a cloudy day: it shall be the time of the heathen. “And the sword shall come upon Egypt, and great pain shall be in Ethiopia, when the slain shall fall in Egypt, and they shall take away her multitude, and her foundations shall be broken down. “Ethiopia (Cush) and Libya (Put) and Lydia (Ludim) and all the mingled (ereb, mixed-blooded) people, and Chub, (the Arabians read Nub, Nubia,) and the men of the land that is in league, shall fall with them by the sword. “Thus saith the Lord: They also that behold Egypt (Mitsraim) shall fall; and the pride of her power shall come down: from the tower of Syene shall they fall in it by the sword, saith the Lord God. “And they shall be desolate in the midst of the countries that are desolate, and her cities shall be in the midst of the cities that are wasted. “And they shall know that I am the Lord, when I have set a fire in Egypt, (Mitsraim,) and when all her helpers shall be destroyed. “In that day shall messengers go forth from me in ships to make the careless (betahh, confident of one’s own security, thoughtless, unconcerned, trusting in themselves) Ethiopians afraid, and great pain shall come upon them: as in the day of Egypt, (Mitsraim:) for lo it cometh! “Thus saith the Lord God, I will make the multitude of Egypt to cease by the hand of Nebuchadnezzar king of Babylon. “He and his people with him, the terrible of the nations, shall be “And I will make the rivers dry, and sell the land into the hand of the wicked: and I will make the land waste, and all that is therein, by the hand of strangers. I the Lord have spoken it. “Thus saith the Lord God: I will also destroy the idols, and I will cause their images to cease out of Noph: and there shall be no more a prince of the land of Egypt: and I will put a fear in the land of Egypt. “And I will make Pathros (a Coptic word signifying south land, &c.) desolate, and will set a fire in Zoan, (both Isoan and Isaan; it means a wanderer, &c. and was the name of a city at the mouth of the Nile,) and will execute judgments in No. “And I will pour my fury on Sin, the strength of Egypt; and I will cut off the multitude of No. “And I will set fire in Egypt: Sin shall have great pain, and No shall be rent asunder, and Noph shall have distresses daily. “The young men of Aven and Pi-beseth shall fall by the sword: and these cities shall go into captivity. “At Tehaphnehes also the day shall be darkened, when I shall break there the yokes of Egypt: and the pomp of her strength shall cease in her: a cloud shall cover her, and her daughters shall go into captivity. Thus will I execute judgments in Egypt, (Mithraim, the same as Misraim, the son of Ham:) and they shall know that I am the Lord.” Ezek. xxx. 1–19. And so Zeph. ii. 12: “Ye Ethiopians also, ye shall be slain by my sword.” We shall take occasion to notice this passage elsewhere. And Joel iii. 8: “And I will sell your sons and your daughters into the hand of the children of Judah, and they shall sell them to the Sabeans, to a people far off: for the Lord hath spoken it.” Zephaniah iii. 8–10 may be said to develop the ultimate providence of God touching this matter: “Therefore, wait ye upon me, saith the Lord, until the day that I rise up to the prey: for my determination is to gather the nations, that I may assemble the kingdoms, to pour upon them mine indignation, even all my fierce anger: for all the earth shall be devoured with the fire of my jealousy. “For then I will turn to the people a pure language, that they may all call upon the name of the Lord, to serve him with one consent. “From beyond the rivers of Ethiopia, my suppliants, even the When a people or nation give evidence that they are insensible to all rules of right, either divine or human, it necessarily follows that their hand will be found against every man, and every man’s hand against them. The subjugation of such a people, so regardless of all law, can only end in their being put to death, or, in the more merciful provision of the divine law, by reducing them to a state of absolute slavery. The experience of mankind proves that such heathen, so reduced to a state of bondage, have always given evidence that their moral and even physical condition has been ameliorated by it, and in proportion to the scrupulous particularity by which they to whom they were enslaved successfully compelled and forced them to walk in the paths of rectitude. Ever since the world has been peopled by nations, none have ever hesitated to make war a protection to themselves against those who thus had become a nuisance in it. To such men, either individually or collectively, reason, justice, law are without effect or influence: nothing short of absolute compulsive force can avail them beneficially. And, indeed, it is upon this principle that civilized communities do essentially, in their prisons and by other mode of restraint, enslave, for life or a term of years, those who have proved themselves too reckless to be otherwise continued among them. In the year 1437, the Christian right or duty of declaring, or rather of making war against infidels, was proposed to the church for the pope’s decision and counsel. Duarte, king of Portugal, was importuned by his brother Ferdinand, to make war on the Moors with a view to the conquest of Tangier. Duarte entertained scruples about his moral and Christian right to do so; and therefore proposed the subject to the theologians and to the pope. Eugenius IV., who then filled the papal chair, decided that there were but two cases in which an offensive war could be justifiably undertaken against unbelievers, &c.: 1st. “When they were in possession of territory which had belonged to Christians, and which the latter sought to recover. 2d. When, by piracy or war, or any other means, they injured or insulted the true believers.” In all other cases, proceeded his holiness, hostilities are unjust. In 1375, “the Florentines, entering into an alliance with the Visconti of Milan, broke unexpectedly into the territory of the Church, made themselves masters of several cities, demolished the strongholds, drove everywhere out the officers of the pope, and setting up a standard, with the word ‘Libertas’ in capital letters, encouraged the people to shake off the yoke and resume their liberty: at their instigation, Bologna, Perugia, and most of the chief cities in the pope’s dominions openly revolted, and, joining the Florentines, either imprisoned, or barbarously murdered those whom the pope had set over them. Gregory (XI.) was no sooner informed of that general revolt, and the unheard of barbarities committed by the Florentines, and those who had joined them, than he wrote to the people and magistrates of Florence, exhorting them to withdraw their troops forthwith out of the dominions of the Church, to forbear all further hostilities, to satisfy those whom they had injured, and revoke the many decrees they had issued absolutely inconsistent with the ecclesiastical immunity as established by the canons. As they paid no regard to the pope’s exhortations, he summoned the magistrates to appear in person, and the people by their representatives, at the tribunal of the apostolic see, by the last day of March, 1376, to answer for their conduct. The Florentines, far from complying with that summons, insulted the pope’s messengers in the grossest manner, and, continuing their hostilities, laid waste the greater part of the patrimony, destroying all before them with fire and sword. “Gregory, therefore, provoked beyond all measure, issued the most terrible bull against them that had ever yet been issued by any pope. For, by that bull, the magistrates were all excommunicated; the whole people and every place and person under their jurisdiction were laid under an interdict. All traffic, commerce, and intercourse with any of that state, in any place whatever, were forbidden on pain of excommunication. Their subjects were absolved from their allegiance; all their rights, privileges, and immunities were declared forfeited; their estates, real and personal, in what part soever of the world, were given away, and declared to be the property of the first who should seize them, prima occupantis; Again, in 1508 was concluded the famous treaty or league of Cambray, against the republic of Venice: that state had been long aspiring at the government of all Italy. The contracting parties were the pope, the emperor, the king of France, and the king of Spain; and it was agreed that they should enter the state of Venice on all sides; that each of them should recover what that republic had taken from them; that they should therein assist one another: and that it should not be lawful for any of the confederates to enter into an agreement with the republic but by common consent. The duke of Ferrara, the marquis of Mantua, and whoever else had any claims upon the Venetians, were to be admitted into this treaty. The Venetians had some suspicion of what was contriving against them at Cambray, but they had no certain knowledge of it, till the pope informed them of the whole. For Julius II., (then pope,) no less apprehensive of the emperor’s power in Italy than the French king’s, acquainted the Venetian ambassador at Rome, before he signed the treaty, with all the articles it contained, represented to him the danger that his republic was threatened with, and offered not to confirm the league, but to start difficulties and raise obstacles against it, provided In 1538 was published the bull of excommunication against Henry VIII. It had been drawn up in 1535, on the occasion of the execution of Cardinal Fisher, bishop of Rochester; had been submitted to the judgment of the cardinals, and approved by most of them in a full consistory. However, the pope, flattering himself that an accommodation with England might still be brought about, delayed the publication of it till then, when, finding an agreement with the king quite desperate, he published it with the usual solemnity, and caused it to be set up on the doors of all the chief churches of Rome. By that bull the king was deprived of his kingdom, his subjects were not only absolved from their oaths of allegiance, but commanded to take arms against him and drive him from the throne; the whole kingdom was laid under interdict; all treaties of friendship or commerce with him and his subjects were declared null, his kingdom was granted to any who should invade it, and all were allowed “to seize the effects of such of his subjects as adhered to him, and enslave their persons.” See We ask permission to introduce a case on the North American soil, of somewhat later date. We allude to an act, or law, passed by the “United English Colonies, at New Haven,” in the year 1646, and approved and adopted by a general court or convention of the inhabitants of Windsor, Hartford, and Wethersfield, in the year 1650. We copy from the “Code of 1650,” as published by Andrus, and with him retain the orthography of that day: “This courte having duly weighed the joint determination and agreement of the commissioners of the United English Colonyes, at New Haven, of anno 1646, in reference to the indians, and judging it to bee both according to rules of prudence and righteousness, doe fully assent thereunto, and order that it bee recorded amongst the acts of this courte, and attended in future practice, as occasions present and require; the said conclusion is as follows: “The commissioners seriously considering the many willful wrongs and hostile practices of the indians against the English, together with their interteining, protecting, and rescuing of offenders, as late our experience sheweth, which if suffered, the peace of the colonyes cannot bee secured: It is therefore concluded, that in such case the magistrates of any of the jurisdictions, may, at the charge of the plaintiff, send some convenient strength, and according to the nature and value of the offence and damage, seize and bring away any of that plantation of indians that shall intertein, protect, or rescue the offender, though hee should bee in another jurisdiction, when through distance of place, commission or direction cannott be had, after notice and due warning given them, as actors, or at least accessary to the injurye and damage done to the English: onely women and children to be sparingly seized, unless known to bee someway guilty: and because it will bee chargeable keeping indians in prison, and if they should escape, they are like to prove more insolent and dangerous after, it was thought fitt, that uppon such seizure, the delinquent, or satisfaction bee again demanded of the sagamore, or plantation of indians guilty or accessary, as before; and if it bee denyed, that then the magistrate of this jurisdiction, deliver up the indian seized by the partye or partyes indammaged, either to serve or to bee shipped out and exchanged for neagers, as the case will justly beare; and though the commissioners foresee that said severe, though just proceeding may provoke the indians to an unjust seizing of some LESSON XX.Under the term war, mankind have from time immemorial included those acts which the more enlightened nations of modern days have designated by the name of piracy, a word derived from the Greek peirao. The primary sense is to dare, to attempt, &c., as, to rush, and drive forward, &c.; used in a bad sense, as to attempt a thing contrary to good morals and contrary to law, and now mostly applied to acts of violence on the high seas, &c.; the same acts on land being called robbery, &c. These acts of violence have generally been founded on the desire of plunder, and in all ages have been recognised as good cause of war against those nations or tribes who upheld and practised them. Such piratical war has ever been considered contrary to the laws of God and repugnant to civilized life; and it may be with the strictest truth asserted that those nations and tribes of people whom God devoted to destruction, and also those of whom he permitted the Jews to make slaves, were distinguished for such predatory excursions. The first account we have of any such predatory war is found in Genesis. True, it is said, they had been subject to Chedorlaomer twelve years, and rebelled, but the manner in which he and his allies carried on the war leaves sufficient evidence of its character, even if they had not disturbed Lot and his household; and it may be well here remarked, that the original parties to this war were of the black races; in fact, progenitors of the very people who were denominated by Moses as the heathen round about. The second instance of this kind of warfare we find carried on by the sons of Jacob against the Hivites. True, they professed to be actuated by a spirit of revenge for the dishonour of Dinah. They put all the adult males to death, made slaves of the women We have heretofore alluded to the idolatrous barbarians of the north of Europe and to their inroads upon the more civilized regions of the south. It may be well to take some further notice of these people, to mark the influence of their predatory wars on the morals of those times, and of the influences of the church in counteracting and ameliorating their effect on the character and condition of the Christian world. Their religion was cast upon the model of their savage appetite: easily excited by the love of conquest and plunder, their minds were still further inflamed by their bards, who promised them, after death, daily combats of immortal fury, with glittering weapons and fiery steeds, in the immediate Europe has given some of them the appellation, Vandals, Sueves, Alans, Sclavas, Goths, Huns, Tartars, and Veneti. Restless as the elements of their native clime, their leaders ever showed themselves striving for dominion and thirsty for power. Pushing westward, one upon the other, they became somewhat amalgamated in the north of Europe, under the general term of Scandinavians, yet receiving new cognomens or retaining their old as fancy or knowledge of them suggested; yet, in the middle and south of Europe, they were as commonly known by the appellation of Northmen. The most of these people were emphatically warlike and savage. The world possessed no one power sufficiently strong to restrain them. Italy was overrun and Rome itself was captured by the Goths, under Alaric—then by the Herulians, under Odoacer. They in turn were subdued by Theodoric the Ostrogoth—then by the Lombards from Brandenburg, who established a more permanent government. But they, in turn, yielded to the power of the Franks, under Charlemagne, who entered Rome in Up to the time of Charlemagne, the Northmen were excited to war, not alone by their love of liberty and a desire to extend their possessions, but also by their hatred to the Christians and their religion; and in the countries further north, this prejudice existed until a much later day. But we have only time to give an example of the character of their inroads on the peace and prosperity of Europe. Scotland had been early engaged in these conflicts. In June, 793, the Northumbrians were alarmed by a large armament on their coast. These barbarians were permitted to land without opposition. The plunder of the churches exceeded their expectations, and their route was marked by the mangled carcasses of the nuns, the monks, and the priests, whom they had massacred. Historians have scarcely condescended to notice the misfortunes of other churches than that of Lindesferne, which became a prey to these barbarians: their impiety polluted the altars; their rapacity was rewarded by its gold and silver ornaments. The monks endeavoured, by concealment, to elude their cruelty; the greater number were discovered and slaughtered. If the lives of the children were spared, they were sold into slavery. (See Lingard.) In 800, these Northmen made an irruption on the German coast, and carried off plunder and captives. They shortly visited France: a large party entered the Loire, and fixed permanent quarters in the island of Hero, and made their incursions thence. The French writers describe them as now pushing in upon their northern coasts, carrying off captives into slavery and loading their vessels with booty. In 841 they entered the Seine, sacked and burned the monastery of St. Ouen, of Jumieges, spared Fontenelle for a ransom, where the monks of St. Denys paid them twenty-six pounds of silver for sixty-eight captives. For nineteen days they ravaged both banks of the river. In 843, they again entered the Loire, took Nantes, when the city was filled by the inhabitants of the neighbouring country, celebrating the festival of St. John, who retired with the bishop and clergy to the cathedral. The gates were soon burst open, and a general slaughter ensued: loaded with booty and captives, they retired to their ships. In 844, they sailed up the Garonne, pillaged Toulouse, made an attempt on Gallicia in Spain, but were repelled by the Saracens. In 845, Ragner Lodbroy, one of their sea-kings, entered the Seine with twenty-six ships, and spread consternation through the land, leaving, Adam of Bremen, who, about the year 1080, wrote his work entitled, “De Situ Danae et Reliquarum, Septentrionalium,” says of the city of “Lunden,” in the island SchÖnen—“It is a city in which there is much gold, which is procured by those incursions on the barbarous nations on the shores of the Baltic Sea, which are tolerated and encouraged by the king of Denmark on account of the tribute he draws from them.” In proof that Voltaire’s estimate of the influence of such payments to these northern pirates was just, we advert to their inroads on Ethelred. Soon after he ascended the throne, he was invaded by Sweyn, by some called Sitric, and Olave, and paid them sixteen thousand pounds. Ten years after, he was forced to pay these Northmen thirty thousand pounds, and then, at the expiration of only four years, forty thousand pounds more; each time the Northmen swearing by their gods to never trouble the country again. Yet, twelve years after the last payment, the crown and throne were transferred to Canute. We have an anonymous Latin author, a contemporary of Canute, who informs us to what use these pirate lords applied the vast sums thus procured. The book is entitled, “EmmÆ Anglorum ReginÆ Encomium,”—The Encomium of Emma, the Queen of England. She was the wife of Canute. Page 166, the author, describing the Danish ships, says—“On the stern of the ships, lions of molten gold Nor did Ireland escape the ravages of the Northmen. In 783, they landed in the extreme north of the island, and burned the town and abbey of Dere Columb-kill, the Londonderry of more modern times. Here the Hydaher-teagh, the chiefs of the oak habitations, (the O'Dougherty’s of a latter day,) secured the record of their name in the “Book of Howth.” But here the Tuatha De Danaan, the Darnii of Ptolemy, washed out even the history of their race in the blood of battle. In 790, the Danes made a general assault upon this devoted island: in 797, wasted the island of Ragulin, devastated Holm Patrick, and carried away captives, among whom was the sister of In 812, the Irish made a more determined resistance, and the Northmen, after three defeats, escaped from the island. But, in 817, Turgesius, with a large force, overran a large portion of the island, and a large portion of the clergy, monks, and nuns were massacred, and many of the inhabitants taken into captivity. In 837, two large additional fleets arrived; one entered the Boyne, and the other the Liffy. The masses which they poured upon the country spread in all directions, committing every kind of excess. In 848, Olchobair McKinde, king of Munster, uniting his troops with those of Dorcan, king of Leinster, was encouraged by a succession of victories over the pagans; yet the archbishop of Armagh and seven hundred of his countrymen were made captive, and sent by Turgesius to Limerick as slaves. But Melseachlin, king of Ireland, defeated Turgesius and put him to death. The Irish now arose on every side and drove the barbarians from the country. But yet, in 850, Dublin was invaded by a band of Northmen, whom the Irish denominated Fin-gal, or white strangers, and by another body, called Dubh-gal, or black strangers, who took possession of Leinster and Ulster, and ravaged the country. In 853, a sea-king, named Amlave, Auliffe, or Olave, from Norway, with two brothers, Sitric and Ivor, with large additional forces, arrived, and was acknowledged chief of all the Northmen in the islands. He took possession of Dublin, Limerick, and Waterford, which he enlarged and improved, as if their possession was to be perpetual. But war not only raged between them and the Irish, but the Irish and Danes were in perpetual conflict, different parties of Danes with one another, and discord and strife were constant among the Irish themselves. Carnage and bloodshed, captivity and slavery everywhere covered the island. In 860, Melseachlin, the king, defeated Auliffe with great slaughter; but, recovering strength, he plundered and burned Armagh, and took a large number of captives, who were sent away Ireland did well to rejoice in the perfect overthrow of these ruthless invaders; but here fell Brian, whom ninety winters had only nerved for the conflict. Here fell his son Morogh, and his grandson Turlogh, personifications of the rage of battle; here fell a numerous, almost the entire, nobility; here fell Ireland’s valiant warriors in unnumbered heaps. The voice of Ireland is yet sometimes heard, but it is the voice of a broken heart; of complaint, of weakness, of weeping, and sadness. In a review of these times and those that followed, the providence of God may be traced by its final development. Where no mercy was, it is infused by hope of gain; and the savage and the captured slave are led to an equal elevation in the service of the altar of the God Jehovah. LESSON XXI.The condition of the slave, throughout the whole of Europe, was attended with some circumstances of great similarity. The slaves were generally of the same nation, tribe, and people, who formed a constituent portion of the free population of the country where they were, and always of the same colour and race. Even the Sclavonians, on the continent, formed no exception in the more northern parts of Europe. In short, slavery, as it existed in Europe, was only in a very few instances in the south marked by any radical distinction of race: consequently, the condition of the slave could never be as permanent and fixed as it ever must be where strong distinctions of race mark the boundaries between bondage and freedom—although often far more cruel. The disgrace of the free, from an amalgamation with the slaves, did not proceed from any consideration as to race, but merely from the condition of the slave—more pointed, but somewhat analogous to the disgrace among the more elevated and wealthy, arising from an intermarriage with the ignorant, degraded, or poor. Influenced by such a state of facts, the particulars of his condition were liable to constant change, as affected by accident, the good or ill conduct of the individual slave, the sense of justice, partiality, fancy, or the wants and condition of the master; nor needed it the talent of deep prophecy to have foretold that such a state of slavery must ultimately eventuate in freedom from bondage. A description of the slaves of Britain will give a general view of those of the continent, for which we refer to Dr. Lingard. The classes whose manners have been heretofore described constituted the Anglo-Saxon nation. They alone were possessed of liberty, or power, or property. But they formed but a small part of the population, of which not less than two-thirds existed in a state of slavery. All the first adventurers were freemen; but in the course of The ceremony of the degradation and enslavement of a freeman was performed before a competent number of witnesses. “The unhappy man laid on the ground his sword and his lance, the symbols of the free, took up the bill and the goad, the implements of slavery, and falling on his knees, placed his head, in token of submission, under the hands of his master.” All slaves were not, however, numbered in the same class. In the more ancient laws we find the esne distinguished from the theow; and read of female slaves of the first, the second, and third rank. In later enactments we meet with borders, cocksets, parddings, and other barbarous denominations, of which, were it easy, it would be useless to investigate the meaning. The most numerous class consisted of those who lived on the land of their lord, near to his mansion, called in Saxon his tune—in Latin, his villa. From the latter word they were by the Normans denominated villeins, while the collection of cottages in which they dwelt acquired the name of village. Their respective services were originally allotted to them according to the pleasure of their proprietor. Some tilled his lands, others exercised for him the trades to which they had been educated. In return, they received certain portions of land, with other perquisites, for the support of themselves and their families. But all were alike deprived of the privileges of freemen. They were forbidden to carry arms. Their persons, families, and goods of every description were the property of their lord. He could dispose of them as he pleased, either by gift or sale: he could annex them to the soil, or remove them from it: he could transfer them with it to a new proprietor, or leave them by will to his heirs. Out of the hundreds of instances preserved by our ancient writers, one may be sufficient. In the charter by which Harold of Buckenhole gives his manor of Spaulding to the abbey of Croyland, he enumerates among its appendages Colgrin, his bailiff, Harding, his smith, Lefstan, his carpenter, Elstan, his fisherman, Osmund, his miller, and nine others, who probably were his husbandmen; and these with their wives and children. Wherever LESSON XXII.All historians agree that the Sclavonians, who at an early age made their appearance on the north-eastern borders of Europe, came, a countless multitude, pouring down upon those countries from the middle regions of Asia. The precise place from which they originated, the causes of such emigration, and the successive impulses that pushed them westward, have now, for centuries, been buried beneath the rubbish of the emigrants themselves and the general ignorance that overspread the events of that age. But there are some facts that assign to them a place among the Hindoo tribes. Brezowski, speaking the Sclavonic of his day, in his travels eastward, was enabled to understand the language of the country as far east as Cochin-China; and scholars of the present day find numerous Indian roots in this language. A similarity of religious rites is to be noticed between the ancient Sclavonians and the Hindoos. They burned their dead, and wives ascended the funeral piles of their husbands. Their principal gods were Bog, and Seva, his wife. They worshipped good spirits called Belbog, and bad spirits called Czarnebog. These hordes overspread the countries from the Black Sea to the Icy Ocean; and, in their turn, were forced westward by similar hordes of Wends, Veneti, Antes, Goths, and Huns. Thus attacked and pushed in the rear, they poured themselves upon the inhabitants of the more western regions, who, more warlike, and with superior arms, put them to death by thousands, until the earth was covered with the slain. Thus fleeing from death, they met it in front, until the nations then occupying the north and east of Europe, satiated and sickened by their slaughter, seized upon their persons as slaves, and converted them into beasts of burden. Nor was this signification inappropriate to their native condition. For these countless hordes were the absolute property of their leaders or kings, who were hereditary among them,—as was, also, their condition of bondage. The Romans called their language Servian, from the Roman word servus, a bond-man; and from the same cause, also, a district of country low down on the Danube, Servia, which name it retains to this day. This country belongs to Turkey, from whence they took the name serf. This term has been borrowed from thence, by the Sclavonic Russians, to signify a man in bondage. The whole number of their descendants is now estimated at 100,000,000; and notwithstanding their amalgamation has identified them with the nations with whom they were thus intermingled, yet a thousand years have not ended their condition of bondage in Russia, and 40,000,000 are accounted only as an approximation to the number that still remain in servitude in the north of Europe and Asia. “The unquestionable evidence of language,” says the author of the Decline and Fall, “attests the descent of the Bulgarians from the original stock of the Sclavonian, or more properly Slavonian, race; and the kindred bands of Servians, Bosnians, Rascians, Croatians, Walachians, followed either the standard or example of the leading tribes, from the Euxine to the Adriatic, in the state of captives, or subjects, or allies, or enemies; in the Greek empire, they overspread the land: and the national appellation of the Slaves has been degraded by chance or malice from the signification of glory to that of servitude. Chalcocondyles, a competent judge, affirms the identity of the language of the Dalmatians, See the work of John Christopher de Jordan, De Originibus Sclavicis, VindobonÆ, 1745, in four parts. Jordan subscribes to the well-known and probable derivation from slava, laus, gloria, a word of familiar use in the different dialects and parts of speech, and which forms the termination of the most illustrious names. De Originibus Sclavicis, part i. p. 40, part iv. p. 101, 102. This conversion of a national into an appellative name appears to have arisen in the eighth century, in the oriental France, where the princes and bishops were rich in Sclavonian captives, not of the Bohemian (exclaims Jordan) but of Sorabian race. From thence the word was extended to general use, to the modern languages, and even to the style of the last Byzantines. (See the Greek and Latin Glossaries of Ducange; also Gibbon’s Decline and Fall of the Roman Empire, vol. iv. p. 38.) The Moors, with whom the early Christians in the south of Europe had so many and frequent contentions, at this day differ from all the other African races, in their physical and mental development;—in person, black, with the straight hair of the Arab, whom they exceed in stature and intellect. The Arabs are admitted to be an amalgamation of the descendants of Shem, of Canaan, and Misrain. Into the particulars of their admixture, it will be as useless to inquire as it would be into the paternity of the goats on their mountains. The Moors, according to King Hiempsal’s History of Africa, as related by Sallust, are descended from an admixture of Medes, Persians, and Armenians with the Libyans and GÆtulians, the original occupants of the country. His statement is, that Hercules led a large army of the people to conquer new and unknown countries; that after his death in Spain, it became a heterogeneous mass, made up of a great number of nations, among whom were many ambitious chiefs, each one aspiring to rule; that a portion of this mass, mostly of Japhanese descent, passed over to Africa and seized on the shores of the Mediterranean; that their ships, being hauled ashore, were used for shelter; that the Persians among them passed on to the interior, and mingled with the GÆtulians, and in after times were known as Numidians,—whereas those who remained upon the coast intermarried with Libyans, and To the foregoing, digested from Hiempsal, as given by Sallust, we may add:—To this amalgamation was also adjoined, from time to time, large parties of adventurers from the Hebrews, Greeks, Romans, and from almost every part of Europe, which were all absorbed by the native masses; and between the years 850 and 860, large masses of the Scandinavian hordes were also absorbed into this general amalgam of the races of man. The instances of slavery, and the laws and customs of the church regulating it, as presented in this study, with few exceptions, have pointed to the case where the white races have been enslaved or have enslaved one another; where no strongly marked physical impediment has branded amalgamation with deterioration and moral disgust; nor is it thought necessary to present an argument to prove that, under such a state of facts, the condition of Europe at the present moment is in strict conformity with the result produced by the unchangeable laws of God touching the subject. God always smiles upon the strong desire of moral and physical improvement. Had Europe remained under deteriorating influences which determined her moral and physical condition two thousand years ago, her condition as to slavery could not have changed. Nor is it seen that she is yet in so highly favoured a condition as to call upon her the providence of God, charging her with the pupilage of the backslidden nations of the earth. LESSON XXIII.It has been heretofore remarked that the great mass of the African tribes are slaves in their own country,—that slavery there subjects them to death at the will of the master, to sacrifice in the worship of their gods, and to all the evils of cannibalism; and yet it has been seen that even such slavery is a more protected state than would be a state of freedom with their religion, and other moral and physical qualities. History points not to the time when their present condition did not exist, nor to the time when their removal, in a state of slavery, to the pagan nations of Asia The object of our present inquiry is, whether the slavery of the African tribes to the followers of Mohammed is at all recognised or alluded to by the inspired writers. The fact exists, nor can it be contested, although the condition of the African slave is far more degraded among the Asiatics and Arabians than among the Christians, but that even there it is far more elevated than in his native land. “Blessed be the Lord God of Shem, and Canaan shall be his servant.” Gen. ix. 26. The prophet Daniel was a captive the greater portion of his life, in the very region of country, and among the ancestors of the Mohammedans of the present day, and, of all the prophets, the most to have been expected to have been endowed with prophetic gifts in relation to that country and its future condition. It is proper also to remark that although there is in many instances among the Mohammedans of the present day a mixture of Japhanese descent, yet their main stock is well known to be Shemitic. It should also be noticed that the Shemites have at all times more frequently amalgamated with the descendants of Ham than those of Japhet, consequently more liable to moral and Dan. viii. 9: “And out of one of them came forth a little horn, which waxed exceeding great towards the south, and towards the east, and towards the pleasant land. 10. And it waxed great, even to the host of heaven, and it cast down some of the host of the stars to the ground, and stamped upon them. 11. Yea, he magnified himself even to the prince of the host, and by him the daily sacrifice was taken away, and the place of his sanctuary was cast down. 12. And an host was given him against the daily sacrifice by reason of transgression, and it cast down the truth to the ground, and it practised and prospered. 23. And in the latter time of their kingdom, when the transgressors are come to the full, a king of fierce countenance, and understanding dark sentences, shall stand up. 24. And his power shall be mighty, but not by his own power: and he shall destroy wonderfully, and shall prosper, and practise, and shall destroy the mighty and holy people. 25. And through his policy also he shall cause craft to prosper in his hand, and he shall magnify himself in his heart, and by peace shall destroy many: he shall also stand up against the Prince of princes; but he shall be broken without hand.” Dan. xi. 40: “And at the time of the end shall the king of the south push at him, and the king of the north shall come against him like a whirlwind, with chariots, and with horsemen, and with many ships, and he shall enter into the countries, and shall overflow and pass over. 41. He shall enter also into the glorious land, and many countries shall be overthrown; but these shall escape out of his hand, even Edom and Moab, and the chief of the children of Ammon. 42. He shall stretch forth his hand also upon the countries: and the land of Egypt shall not escape. 43. But he shall have power over the treasures of gold and of silver, and over all the precious things of Egypt, and the Libyans and the Ethiopians shall be at his steps.” Of the language used by this prophet, it is proper to remark that there are many variations from the more ancient Hebrew, both as to form of expression and the particular words used, among which Arabicisms and Aramacisms are quite common. Faber supposes that this remarkable vision relates to the history of Mohammedanism: no previous theory has been satisfactory to the Christian world, and it is now generally believed that he has suggested a correct interpretation. We may therefore be allowed Mohammed was born at Mecca. His education was contracted, and his younger days devoted to commercial and warlike pursuits. By his marriage with the widow of an opulent merchant, he rose to distinction in his native city. For several years he frequently retired into the cave of Hera and cherished his enthusiastic sentiments, till, at the age of forty, he stated that he had held communication with the angel Gabriel, and was appointed a prophet and apostle of God. In 612, he publicly announced to his relations and friends that he had ascended through seven heavens to the very throne of Deity, under the guidance of Gabriel, and had received the salutations of patriarchs, prophets, and angels. This monstrous statement, however, did not succeed, except with a very few; and on the death of his uncle Abn Taleb, who had been his powerful protector, he was compelled, in 622, to seek security by flight to Medina. This henceforth became the epoch of Mohammedan chronology; his power was more consolidated, and his influence extended by a large accession of deluded, but determined followers. He very soon professed to have received instructions from the angel Gabriel to propagate his religion by the sword; and power made him a persecutor. In seven years he became the sovereign of Mecca, and this led to the subjugation of all Arabia, which was followed by that of Syria. In less than a century from the period of its rise in the barren wilds of Arabia, the Mohammedan religion extended over the greater part of Asia and Africa, and threatened to seat itself in the heart of Europe. The unity of God was the leading article of Mohammed’s creed. When addressing the Jews, he professed highly to honour Abraham, Moses, and the prophets, and admitted, for the sake of conciliating Christians, that Jesus was the Messiah of the Jews, and will be the judge of all. This compromising policy is seen in the Koran. Mohammedan morals enforce many principles of justice and benevolence, and inculcate a degree of self-denial, but, at the same time, permit the indulgence of some of the strongest passions of our nature. The representations given of paradise are adapted to gratify the sensuality of men,—and of hell, to awaken their fears of disobeying the Koran or the prophet. “Eastern Christendom,” says Mr. Foster, “at once the parent and the prey of hydra-headed heresy, demanded and deserved precisely the inflictions which the rod of a conquering heresiarch could bestow. The king of fierce His first efforts were directed against the Jews, who refused to receive Mohammed’s effusions as the revelations of heaven, and, in consequence, suffered the loss of their possessions and lives. “When Christian churches,” says Scott, “were converted into mosques, the ‘daily sacrifice’ might be said to be taken away,” (viii. 11, 12,) and the numbers of nominal Christians who were thus led to apostatize, and of real Christians and ministers who perished by the sword of this warlike, persecuting power, fulfilled the prediction that he cast down some of the host and of the stars to the ground, and stamped on them. It is said that “a host was given him against the daily sacrifice,” (or worship of the Christian church, corresponding with the Jewish sanctuary,) “by reason of transgression.” A rival priesthood subverted the priesthood of a degenerate church. The imams of Mohammed assumed the place of the apostate teachers of Christianity. The event here predicted was to occur in the latter part of the Grecian empire, (ver. 23,) “when the transgressors are come to the full.” History relates that the remains of the Eastern empire and the power of the Greek church were overthrown by Mohammedans. Their chief endeavoured to diffuse his doctrine, but found that it could not prevail by “its own power,” or the inherent moral strength of the system: it was requisite to support his pretensions by “craft” and “policy.” Mohammed sanctioned as much of the inspired Scriptures as he thought might tend to obviate the prejudices of the Jews, and incorporated as much of his own system with the errors of the Eastern church as might tend to conciliate Greek Christians. “Although Mohammedism did not first spring up in the Macedonian empire, yet it now spread from Arabia to Syria, and occupied locally, as well as authoritatively, the ancient dominion of the he-goat.” (Scott.) It has been remarked, however, by Mr. Foster, (Mohammedism Unveiled,) that the part of Arabia which “And the Libyans and the Ethiopians shall be at his steps,”—a form of speech as clearly indicating the condition of slavery as though ever so broadly asserted. The Hebrew word here translated “at his steps,” ?????????????bemi??adayw in his footsteps, &c., i. e. attached or subjected to his interests as slaves, is cognate with the Arabic word LESSON XXIV.In reflection upon the leading ideas that present themselves in the review of the subjects of this study, we may notice that slavery has been introduced to the world as a mercy in favour of life. That, in its operation, its general tendency is to place the weak, deteriorated, and degraded under the control and government of a wisdom superior to their own; from whence the intellectual, moral, and physical improvement of the enslaved, to some extent, is a consequence as certain as that cause produces its effect. The want of a less affectionate regard in the master towards the slave is supplied and secured to the safety of the slave by the increased watchfulness of the master over the slave from the consideration that the slave is his property. For where affection cannot be supposed sufficiently strong to stimulate a calm and wise action, interest steps in to produce the effect. That every mind will see and comprehend these truths, where prejudice and education are in contradiction, is not to be expected. The influences of a false philosophy on the mind, like stains of crime on the character, are often of difficult removal. Some forbearance If in the course of these Studies we shall not have shown that slavery as it exists in the world is commanded by “reason” and the laws of “nature,” we shall have laboured in vain; and even now an array of battle is formed, and our enemy has chosen human “reason” for the “bolt of Jove,” as wrought from strands of Northern colds, Southern heats, and Eastern winds; in their centre, bound by cloudy fears and avenging fires; for their Ægis, “the laws of nature” supply Minerva’s shield, upon which fanaticism has already inscribed its government over thirty States, far exceeding in purity, they think, that of the God of Israel. And we have come up to the war!—armed neither with the rod of Hermes nor the arrows of Latona’s son; but with a word from him of Bethlehem: “Sanctify them through thy truth; thy word is truth.” |
|
