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,

or who injured himself by the severity of his conduct towards his subject.

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 vestrâ in libertatem modis omnibus vindicetur. Hi vero quos hujusmodi oportet servos amittere, ne forsitan utilitates suas irrationabiliter æstiment impediri, sollicitâ vos hæc convenit consideratione servare: ut si paganos, quos mercimonii causâ 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 vigilanter ob

servet, quatenus ei nec supplicatio quorumdam valeat, nec persona surripere.

"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