They were frequently mutilated by the infidel master. They were also exposed to the continued hardships and enticements of owners who desired to make them proselytes.

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.

66

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 Nasa 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 puniendâ temeritate construxerit, multosque illic Christianorum ad adorandum sacrilegâ seductione decepit. Sed et Christiana, ut dicitur, mancipia com

paravit, et suis ea obsequiis ac utilitatibus deputavit. Dum igitur severissimè in eum pro tantis facinoribus debuisset ulcisci, gloriosus Justinus medicamento avaritiæ, ut nobis scriptum est, Dei distulit injuriam vindicare. Gloria autem vestra hæc omnia districtâ examinatione perquirat: et si hujusmodi manifestum esse repererit, ita districtissime a corporaliter in eundem sceleratum festinet vindicare Judæum; quatenus hâc ex causâ et gratiam sibi Dei nomine conciliet, et his se posteris pro suâ mercede imitandum monstret exemplis. Mancipia autem Christiana, quæcumque eum comparasse patuerit, ad libertatem, juxta legum præcepta, sine omni ambiguitate perducite, ne, quod absit, Christiana religio Judais subdita polluatur. Ita ergo omnia districtissimè sub omni festinatione corrigite, ut non solum pro hâc vobis disciplinâ gratias referamus, sed et testimonium de bonitate vestrâ ubi necesse fuerit, præbeamus.

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.

Therefore do all this correction most exactly and quickly, that you may not only have our thanks for preserving discipline, but I that we may, when opportunity offers, give you proof of our recognition for your goodness.

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

ubicumque voluerit habitare. Illud etiam specialiter sancientes, quod si qui Judæus Christianum mancipium ad errorem Judaicum convictus fuerit persuasisse, ut ipso mancipio careat, et legandi damnatione plectetur.

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

fraternitatem tuam, ut secundum piissimarum legum tramitem, nulli Judæo liceat Christianum mancipium in suo retinere dominio. Sed si qui penes eos inveniuntur, libertas eis tuitionis auxilio ex legum sanctione servetur. Hi vero qui in possessionibus eorum sunt, licet et ipsi ex legum distinctione sint liberi; tamen quia colendis eorum terris diutius adhæserunt, utpote conditionem loci debentes, ad colenda quæ consueverant rura permaneant, pensionesque prædictis viris præbeant: et cuncta quæ de colonis vel originariis jura præcipiunt, peragant, extra quod nihil eis oneris amplius indicatur. Quodsi quisquam de his vel ad alium migrare locum, vel in obsequio suo retinere voluerit, ipse sibi reputet, qui jus colonarium. temeritate suâ, jus vero juris dominii sui severitate damnavit. In his ergo omnibus ita te volumus solerter impendi, ut nec direpti gregis pastor reus existas, nec apud nos minor æmulatio fraternitatem tuam reprehensibilem reddat.

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,